These Terms of Service (the “Agreement”) apply to users of the www.bandzoogle.com (the “www.9elevenraps.com”) who have created an account on the Website and who receive Services (as defined below) from Bandzoogle.com
Acceptance of the Terms of Service
These Terms of Service are entered into by and between you and Bandzoogle (“9elevenraps”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of the Services, including any content offered on or through the Portal, if part of such Services. “James Gill" as used in these Terms of Service means either, and as applicable: (i) you, personally, if you are an individual artist operating as a sole proprietorship or other unincorporated association, including as a member of a group of artists (“9eleven”) not formed as a legally separate entity such as a corporation or limited liability company (each an “9elevenraps”), or (ii) you and each other member of your Band if organized as an Entity. If “you” refers to an Entity, then you represent and warrant that you have the due and full authority to enter into this Agreement on behalf all members of the Band and acknowledge on your behalf and theirs that these Terms of Service are binding and enforceable against each member of the Band.
Please read these Terms of Service carefully before you start to use the Portal or to receive or make use of any Services. By creating an account on the Website, or using the Services, you accept and agree to be bound and abide by these Terms of Service. Each time you access or use the Website, you are also subject to and agreeing to be bound by the Terms of Use posted thereon. If a conflict arises between the Terms of Use or Privacy Policy posted to the Website and the terms of this Agreement, the terms of this Agreement shall control.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Portal or receipt of Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Services
After creating an account on the Website, you will be provided with access to the Portal, where you may (i) create a personalized website for yourself (9elevenraps), (ii) select what third party analytical tools you wish to use on your Band Site, (iii) make use of certain available marketing, communications and fan outreach tools available to you on the Band Site, (iv) select additional features available on the Band Site, and/or (v) add products and services you wish to offer for sale on your Band Site. The Band Site capabilities and functionality are described at https://bandzoogle.com/features (the “Documentation”).
The offering to you of the Portal, the hosting of the Band Site (or causing the Band Site to be hosted) to make it accessible to your invitees to your Band Site, and providing the ancillary back-end services and support required to maintain the Band Site in operation pursuant to the terms of this Agreement shall be referred to herein as the “Services”.
You will have the ability to select a password to log onto the Portal, which will give you access to the tools to manage your Band Site. You will use a secure, unique password for your account. You are responsible for any activity that occurs through the use of your login credentials. If you become aware of or suspect that your user credentials have been compromised, lost or stolen, you must inform us immediately so that we may issue you replacement credentials.
The Services, including the features, content and look and feel of your Band Site, may change from time to time in our discretion. Your continued use of the Services, including the Band Site, after such a change constitutes your acceptance to such modifications. If you have already chosen a particular look and feel of your Band Site (a “skin”) when such changes occur, we may allow you to continue using that skin after we discontinue its use by other bands, but we may also terminate your use in our discretion and at our option (in which case you will have to select a new skin to continue making the Band Site available to your invitees).
We will provide the Services to you throughout the Term (as defined below) of this Agreement only.
Your Content
You are responsible for Your Content, including for uploading it to your Band Site. You are also responsible for ensuring that Your Content is legally obtained. “Your Content” means all data and information which You upload to the Band Site, including: (i) contact information of your Band Site invitees and all associated information about such persons; (ii) your files, such as your music, recordings, and videos; (iii) information about you and your products or services; (iv) your calendar information as maintained on the Band Site; (v) your newsletters prepared on and sent through the use of the Band Site; (vi) your e-mails to and from invitees to your Band Site which are sent or received on the Band Site; (vii) information about your products sold using the Band Site e-commerce operations (but please see section “E-commerce on Bandzoogle” below for additional information on e-commerce functionality); (viii) your trademarks and service marks, and (ix) information about your activities on social media linked to or visible from the Band Site.
We do not control or actively monitor Your Content. However we reserve the right at all times to remove or refuse to distribute any of Your Content which breaches our policies, and to terminate your rights to use the Services (and reuse your user-name for another Entity or Band). We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to support requests, or (v) protect the rights, property or safety of users and the public.
Additional Features
You may have the ability to engage advertising partners and have those partners serve ads to your invitees to your Band Site, and to have them provide certain search engine optimization and search engine marketing tools. The Band Site also may allow you to select from several website analytics services, should you wish to use them. If you use any of these third party tools or services, you hereby represent that such activities are undertaken at your own risk. These third party tools and services are provided as a convenience only, and it is your responsibility to understand when, where or how their use is appropriate and legal.
You have the ability to post legal terms and conditions, and to post privacy notices or policies, on your Band Site. It would be advisable for you to engage legal counsel to advise you on whether you should post such notices or terms, and what information and disclosures such terms or policies/notices should contain.
You may be able to integrate some features of your Band Site with social media, such as Facebook and Instagram. When doing so you acknowledge and agree that the terms of use or service of those social media sites apply to such integrations and to any information you send or receive from such sites. Please review those terms carefully before installing any such features or integrating any data between the Band Site and those sites. We are not responsible for your use of these social media integrations or any data that you share with such third party platforms. You acknowledge and agree that your use the social media integration tools at your own risk, and you release us from all liability arising from your use of such sites.
Compliance with Laws
We agree to comply with all applicable United States and Canadian laws in our performance of the Services. We also agree to comply with the requirements of the Payment Card Industry Data Security Standard (“PCI Requirements”), as applicable to us, which is designed to protect credit card information from unauthorized disclosure, theft or loss. For the protection of your Band Site invitees making purchases on the Band Site, we will contractually obligate all payment processors we have control over to process credit card transactions on your behalf to also be compliant with PCI Requirements.
You agree that you will comply with all applicable laws in your use of the Band Site, and in your interactions with visitors to your Band Site, including providing all required notices (e.g., posting a privacy policy which informs about what information you collect from your invitees, and how you use such information), and complying with all other privacy and data security laws.
Band Site Updates and Upgrades
From time to time, we may develop updates or implement enhancements or other changes to your Band Site. We will also from time to time modify the back-end software that runs your Band Site. You specifically grant us permission to do this whenever we push an update, upgrade, bug fix or patch to all customers similarly situated to you. Occasionally, this will require the Band Site to be unavailable to you or your visitors for a brief period of time. We apologize for the inconvenience this may cause, but unfortunately, we must perform these regular maintenance activities to maintain your Band Site’s performance over time.
Domain Names
Bandzoogle will provide one (1) free domain name with the new purchase of a paid plan. The free domain name applies only to the following TLD's: .com, .net, .org, .biz., if you sign up for a Service that includes this offering.
The domain name is yours to keep, except as otherwise set forth herein. We register the domain in Bandzoogle's name, but will unlock and transfer it to your name upon cancellation of an active paid account, or upon request anytime during the term of your active paid account membership. Please note, however, that we do not have the ability to transfer a domain to you during the initial 90 days after we register it. Notwithstanding the foregoing, if a domain is in Bandzoogle’s name at the time that your account becomes inactive for any reason (including but not limited to non-payment or violation of these Terms of Service), any domain name in your account will remain registered to Bandzoogle. In this case, Bandzoogle has the right to retain the registration of the domain for its own purposes, sell or transfer the domain to a third party, or delete the domain and allow any new registrant to register it.
Except as otherwise stated herein, we will continue to renew your Band Site domain name throughout the Term of this Agreement, provided you continue to timely pay all fees when due hereunder and are not in breach of these Terms of Service.
If Bandzoogle sends you the unlock code for a domain, it is your responsibility to transfer the domain to a new registrar, if you so choose. We will not renew domains after the end of the Term of this Agreement, so please keep that in mind when submitting your cancellation request or otherwise terminating this Agreement.
You may purchase additional domains, subject to availability, for $14.95 per year (which fee is subject to change from time to time in our discretion). Additional domains are not renewed automatically.
Under no circumstances will Bandzoogle be liable for any damages relating to domains, including but not limited to failure or errors in renewing, transfer, or registration of domains, even if such failure is ours.
E-commerce on Bandzoogle
The Services include the option for you to sell goods and services directly to invitees to your Band Site. Bandzoogle provides the platform to offer sales, but all transactions occur at our third party transaction processors, PayPal or Stripe. All transactions are subject to the terms and conditions of Paypal or Stripe, as applicable, and you must have a PayPal or Stripe account independent of your account with us for the Band Site in order to accept such payments. Further, Bandzoogle is not responsible for, and does not have access to, any aspect of transactions that happen on our platform aside from the items that were included in a specified transaction.
By using any e-commerce components of the Services, you agree to not sell products that, in our discretion:
Infringe or potentially infringe on the copyrights of another person;
Constitute illegal or potentially illegal products;
Are offensive, violent, pornographic, or otherwise deemed inappropriate.
We reserve the right to disable or remove any products that are in violation of the terms of this Agreement without warning.
Your Additional Obligations
In addition to any other obligations you have as set forth in this Agreement, you agree that you will:
maintain an active email account on record with us at all times;
maintain at all times your own devices and resources to obtain access to the public Internet;
protect the confidentiality of your login credentials to the Portal and ensure that nobody other than you uses such credentials;
not use any other person’s login credentials;
not sell, resell, rent or lease the Services or the Band Site or use it as a service bureau, or otherwise for the benefit of third parties (except that your invitees to the Band Site may see Your Content and purchase your products and services as you make same available);
not impersonate any other person or group through or on the Band Site;
not use your Band Site to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or intentionally store or transmit material in violation of third party privacy rights;
not use profanity, obscenity, racist terms, or other language that may be offensive to visitors to your Band Site;
not use your Band Site to store or transmit viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs (collectively, "Harmful Code");
not interfere with or disrupt the integrity or performance of our systems or networks or those maintained on our behalf for the purpose of providing services to our customers;
not copy, frame or mirror any part or content of the Band Site;
not attempt to obtain a copy of, or disassemble, reverse engineer or decompile the Band Site or any portion thereof;
not upload, post, email, transmit or otherwise make available on your Band Site any material that interferes with or disrupts the Bandzoogle Service, or which probes, scans, or tests the vulnerability of any system or network;
not attempt to breach or circumvent any security or authentication measures;
not attempt to gain unauthorized access to any back-end systems, hardware, software or networks, which we maintain or are maintained on our behalf;
not access or attempt to access restricted portions of the Band Site or our systems;
not download, copy, publish or distribute on the Band Site any copyrighted or other protected materials without the specific written permission of the owner of such materials; and
not engage in denial of service attacks.
Fees and Payment
You agree to pay us in advance, based on the schedule of payments you agreed to when you signed up for a Service. All such fees are non-refundable. Our pricing plans are set forth on our Website, at https://bandzoogle.com/pricing. Once you select your pricing plan, we will begin to charge you for the Services you selected.
Credit card, PayPal or Stripe chargebacks will incur a fee of $100 to reinstate accounts. Band accounts that incur chargebacks may be permanently deleted in our discretion.
Domain registration and setup fees are non-refundable.
From time to time we may offer promotional codes or offers that apply a discount to service plans. Only one promotional offer or code may be used per Band Site at a time; they may not be combined or stacked.
You acknowledge and agree that our fees may change from time to time, and when they change, the new fees will be posted to our Website. You agree to be bound by, and pay the new fees, as they change from time to time, of course, always subject to your termination rights as set in this Agreement. The fees listed on our Website do not include applicable Taxes. “Taxes” means any sales, value added tax, use, and other taxes (other than taxes on either party’s income or assets), export and import fees, customs duties and similar charges imposed by any government or other taxing authority. If we think any Taxes apply to your receipt of our Services, we will charge you for those applicable Taxes when we charge you the corresponding fees. We agree to disburse all such Taxes to the applicable taxing authority on your behalf.
Proprietary Rights
Our Website, (9elevenraps.com) the Portal and the Band Site, and their entire contents, features, and functionality, including all trademarks, business names, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, but excluding Your Content (collectively, “Our Content”), are owned by the Company, (9Eleven Studio's) its affiliates, their respective licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
We hereby grant to you, throughout the Term only, a worldwide (except in countries which are subject to legal restriction or embargo), limited, non-exclusive, non-transferable (except as permitted herein), non-assignable (except as permitted herein) license for (i) you and your invitees to access and view your individual Band Site located thereon, and (ii) for you to make use of the Services as it pertains to your Band Site as contemplated in the Documentation, provided you do so for your own purposes and not for the benefit of any third parties (except as otherwise specifically permitted herein or in the Documentation).
As between you and us, you exclusively own all right, title and interest in and to all Your Content. You hereby grant to us, our affiliates and our service providers a non-exclusive, non-transferrable (except as permitted herein), non-sublicensable (except as needed for our service providers to assist us in performing the Services), limited, revocable license, solely for the Term, to access, store, process, transmit, distribute and publish Your Content solely as required in order to provide Services hereunder.
You agree that we and our affiliates and service providers are permitted to collect, access, process, store, and use in perpetuity (i) any technical, aggregated information, including any information which may be attributable to any particular invitee to your Band Site or to you (but not any information which may be considered personally identifiable information); (ii) information pertaining to how the Band Site is browsed and searched, such as which features are used the most or are popular for some types of users; and (iii) all sales amounts processed through the Band Site (but not to whom such sales were made); provided we do so solely to evaluate features of our Website and your and other Band Sites, and for the purpose of improving our services.
You understand and agree that your Band Site contains third party materials and services. Those materials and services are licensed to you solely for use on the Band Site as contemplated in the Documentation and only for so long as the owners of such materials and services permit us to make them available to you. You acknowledge and agree that if the owner of such materials or services terminates our license or right to make them available to you, they will be removed from the Band Site, and you accept this risk.
The Services are licensed, not sold. Except for the limited rights expressly granted by each of the parties hereunder, no other rights are granted. All rights not specifically granted herein are otherwise reserved.
Each party agrees to refrain from any use or registration of the trademarks of the other party, or of any confusingly similar marks, except with respect to any trademarks included within the Band Site which you upload (in which case you grant to us a limited license to display, publish, and process such trademark as part of Your Content). If you add your name to our client list, you also grant us a right to use your name on such list, and to display, publish, and process your name as you entered it in furtherance of our business.
Term and Termination
The term of this Agreement begins on the day you sign up to receive the Services by creating an account on our Website, selecting a pricing package, and paying your first monthly installment of recurring subscription fees (the “Effective Date”). This Agreement will continue in effect until either party terminates pursuant to the terms of this Agreement (the “Term”).
You can upgrade/downgrade your Service at any time by going to the Portal and changing your plan after signing in. We will credit you the pro-rated amount of days of the new plan. However, we cannot provide refunds or cash credits for downgrades.
You may terminate this Agreement at any time. To do so, you must click the "Cancel" link in the "Account" section of the Portal (which may be labeled as your “control panel” within the Portal), which you will find after signing into the Portal. Cancellation requests by email or live chat will not be accepted. Cancellation must be submitted two (2) business days prior to the rebilling date.
We may terminate your access to the Band Site and use of any Services immediately (i) if you breach any provision of this Agreement, (ii) if you fail to pay recurring fees when due, (iii) if we lose any right or license required for us to make the Services or the Band Site available to you or your invitees, (iv) if we cease providing Services to our general customer base or we make material modifications to the Services; (v) if required to do so by law, or due to a change in applicable law; (vi) if you violate the law or these Terms of Service; or (vii) if unexpected technical, security or legal issues or problems arise.
Upon termination of this Agreement for any reason, (i) you will lose the right to access the Portal and the Band Site, (ii) we will promptly delete your Band Site and all of Your Content, except as required by law, and (iii) you must pay any outstanding amounts you owe us for use of Services throughout the Term. Please plan your cancellation of this Agreement accordingly.
Provisions of this Agreement dealing with confidentiality, representations or warranties, indemnities, limits on liability and any provisions set forth in the “Miscellaneous” Section below shall survive termination of this Agreement.
Confidential information
Each party (the “disclosing party”) may disclose to the other party (the “receiving party”), Confidential Information during the course of performance under this Agreement. “Confidential Information” means any data, files, content, copy, materials and information which is not public and which is disclosed by the disclosing party or on such person’s behalf, to the receiving party or an affiliate or service provider of such party, either directly or indirectly, in writing (including electronically) or orally, and which a reasonable person should understand, based on the content or means of disclosure, to be confidential or proprietary. Your Content shall be considered your Confidential Information. Our Website content, Website look and feel, the Band Site skins and their look and feel, and all graphic and other elements of our Website and the Band Sites (excluding any which you uploaded to the Band Site), our business methods, pricing models and methodologies, and business processes, shall be considered our Confidential Information.
The receiving party will: (i) hold the disclosing party’s Confidential Information in confidence and use reasonable care to protect the same; (ii) restrict disclosure of the other party’s Confidential Information to those of its affiliates, employees, service providers or agents with a need to know such information and who are under a duty of confidentiality respecting the protection of such Confidential Information; and (iii) use the other party’s Confidential Information only for the purposes for which it was disclosed, or as otherwise permitted herein or pursuant to instructions from the disclosing party.
The above restrictions will not apply to Confidential Information to the extent it (i) is, or through no fault of the recipient has become, generally available to the public; (ii) was lawfully received by the receiving party from a third party without such restrictions and if such third party was not subject to a duty of confidentiality when it received the information; (iii) was known to the receiving party prior to receipt from the disclosing party, if it received such information not subject to a duty of confidentiality; or (iv) was independently developed by the receiving party without breach of this Agreement or access to, reference or use of the Confidential Information of the other party.
The receiving party may disclose Confidential Information to the extent the disclosure is required by law, regulation, or judicial order, provided that the receiving party will provide to the disclosing party prompt notice, where permitted by law, of such order and will assist the disclosing party in its efforts to contest or limit any required disclosure.
Data Security
It is your responsivity to comply with your obligations under applicable data protection laws when collecting, handling, uploading and processing personal data of your Band Site visitors and invitees. In addition, as part of the Services hereunder, we will ensure that we and our service providers: (i) use commercially reasonable data security procedures and controls designed to protect Your Content from unauthorized use, loss, disclosure, theft or compromise.
If there is any theft, loss, loss of control over, access or discovery by or disclosure to a third party, or other event that results in an unauthorized third party obtaining access to, viewing, copying, transferring, transmitting, displaying, preventing authorized access to, or coming to control of any of Your Content (each such event, a “Breach”), and if such Breach occurs as a result of any action or inaction of ours or our service providers or from our systems, devices or networks, then we will, at our own expense (a) give you notice of such Breach as quickly as is commercially feasible for us to do so after becoming aware of such a Breach; (b) give you reasonably available information pertaining to such Breach, and where and how it occurred; (c) give you available information pertaining to Your Content that was lost, stolen, accessed, discovered, rendered inaccessible or disclosed; (d) perform forensic investigations and audits as reasonably required to identify the root cause and reasons for the Breach; (e) reasonably mitigate the effects of the Breach as promptly as is commercially feasible; and (f) take all corrective actions necessary to prevent the Breach from re-occurring.
Representations and Warranties
Each party represents and warrants to the other that: (i) it is duly organized and validly existing in the state of its organization or formation and that it has full power and authority to enter into and perform its obligations pursuant to this Agreement in accordance with its terms; (ii) this Agreement represents a binding and enforceable obligation of such party.
You represent and warrant that (i) Your Content does not infringe or misappropriate any rights of third parties; (ii) you have all rights, consents, or other permission necessary to upload Your Content to the Band Site, and to collect, process, store, and use Your Content, including when using any communications or marketing tools made available through the Band Site (e.g., when sending newsletters, when communicating with your invitees to the Band Site in blogs or other areas of the Band Site, when sending them emails, when using analytics tools made available to you on the Band Site, when selling merchandise, when selling concert tickets, when disclosing information about concerts and events to users of the Band Site, etc.); (iii) you have obtained all consents, rights and permissions necessary to allow the Company and its service providers to access, use, host, collect, store, process and manipulate Your Content as required to provide the Services and pursuant to your instructions; and (iv) you are of legal age to execute contracts, and you have the right to bind all members of your musical/artistic group, to the extent you are not a solo artist.
YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT AS OTHERWISE STATED HEREIN, WE DISCLAIM ALL WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES, AND SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE DO NOT WARRANT THAT THE SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE.
EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, THE SERVICES (INCLUDING YOUR BAND SITE), OUR CONTENT AND THE DOCUMENTATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Indemnification
Each party hereby agrees to defend, indemnify and hold harmless the other party from and against any action, claim, proceeding, law suit, demand, loss or expenses (including reasonable attorney’s fees and legal costs and expenses) arising or resulting from such party’s breach of its specific warranties herein.
We will defend, indemnify and hold you harmless from and against any action, claim, proceeding, law suit, demand, loss or expense (including reasonable attorney’s fees and legal costs and expenses) brought by a third party to the extent that the action is based upon a claim that our Services, Our Content or the Documentation (collectively, “Offerings”), or any portion thereof, infringes or misappropriates any U.S. or Canadian intellectual property rights of such third party. In addition, if the Offerings, or any part thereof, becomes, or in our reasonable opinion is likely to become, the subject of an infringement or misappropriation claim, we may, at our sole option and expense, either (i) procure for you the right to continue using the affected item, or (ii) modify the affected item so that it becomes non-infringing/not misappropriating. If none of the above options are reasonably available, we may terminate this Agreement or remove the feature or portion of the Offerings which is subject to the claim or possible claim.
Notwithstanding the foregoing, we shall have no liability for infringement or misappropriation under this section, if the alleged infringement or misappropriation arises directly from (i) the integration of the Offerings with other equipment or software that were not provided by us or reasonably foreseeable to be used in combination with or to be integrated with the Offerings, and if the infringement would not have occurred absent such integration; (ii) modifications made to the Offerings without our prior written consent; or (iii) use of the Offerings other than as contemplated hereunder, if such action would have been avoided but for such use, modification or combination.
You agree to defend, indemnify and hold harmless us, our affiliates and service providers, and all officers, directors, members or employees of any of the foregoing, from and against any action, claim, proceeding, law suit, demand, loss or expenses (including reasonable attorney’s fees and legal costs and expenses) arising or resulting from (i) your use of ads and other additional features available on your Band Site; (ii) your activities in marketing or promotion of your goods or services to invitees on your Band Site, including with respect to all communications you initiate and receive through the use of your Band Site; and/or (iii) any challenge or claim relating to one of your domain names.
The party seeking indemnity pursuant to this section will promptly notify the party indemnifying in writing of the claim, and will grant the indemnifying party sole control of the selection of counsel, defense, and settlement of the claim. The indemnifying party will pursue defense or prosecution of all claims in a diligent manner. The indemnified party hereunder agrees to provide the indemnifying party with reasonable assistance, information required for the defense and settlement of the claim; provided, however, that the indemnifying party may not settle a claim in a manner that is adverse to the indemnified party or if such settlement requires acknowledging liability or wrongdoing by the indemnified party without such indemnified party’s prior written consent.
Limitation on Liability
UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE SERVICES, (II) PROPERTY DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, (III) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, OR (IV) ANY LOSS OR CORRUPTION OF DATA. THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY DOLLARS ($50) OR (B) AMOUNTS PAID BY YOU TO US IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY APPLICABLE LAW.
Miscellaneous
Assignment. You may not assign this Agreement or any of your rights or obligations hereunder, in whole or in part, without our prior written consent.
Subcontracting. We may subcontract any portion of the Services hereunder. You specifically consent to this arrangement. To the extent our subcontractors or service providers are subject to European data protection laws, we will bind them to contracts pursuant to which they will be required to comply with European laws applicable to the services they perform for us.
Notices. We may send you notices through the Band Site or via email. You must send us notices by contacting us via email at support@bandzoogle.com, or by sending us notices at the following address:
Bandzoogle.com 2045 W Grand Ave Ste B, PMB #92842 Chicago, IL USA 60612-1577
9Eleven Studio's
116 Island Lake Dr
Hamilton, OH
USA 45013-
Severability. If any provision of this Agreement is held to be unenforceable, illegal, or void, that shall not affect the enforceability of the remaining provisions.
Waiver. The delay or failure of either party to exercise any right provided in this Agreement shall not be deemed a waiver.
Injunctive Relief. Notwithstanding anything else to the contrary herein, either party may seek injunctive in a court of competent jurisdiction without the posting of a bond.
Force Majeure. Neither party will be liable for any delay or failure to perform obligations under this Agreement due to any cause beyond its reasonable control, including acts of God; earthquakes, storms, or other elements of nature; blockages; embargoes; riots; acts or orders of government; acts of terrorism; and war.
Construction. Paragraph headings are for convenience and shall have no effect on interpretation.
Governing Law; Dispute Resolution. This Agreement shall be governed by the laws of the State of New York, without regard to any conflict of laws provisions, except that the United Nations Convention on the International Sale of Goods and the provisions of the Uniform Computer Information Transactions Act shall not apply to this Agreement. Any dispute, controversy or claim arising out of or relating in any way to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be exclusively resolved by binding arbitration in the City of New York. The arbitration shall be binding with no right of appeal. The arbitration shall be conducted pursuant to the rules of the American Arbitration Association. There shall be one arbitrator selected by agreement of the parties, or if the parties fail to agree, by the American Arbitration Association. The costs of arbitration, including the arbitrator’s fees, shall be borne equally by the parties to the arbitration, unless otherwise ordered by the arbitrator or agreed upon by the parties. The parties to this agreement further agree to abide by any award rendered by the arbitrator. Judgment on the award rendered by the arbitrator may otherwise be entered in any court having jurisdiction thereof.
Third Party Rights. Other than as expressly provided herein, this Agreement does not create any rights for any person who is not a signatory to it, and no person not a signatory to this Agreement may enforce any of its terms or rely on an exclusion or limitation contained in it.
Independent Contractors. The parties are independent contractors, and this Agreement creates no relationship of principal and agent, partner, joint venture, employer-employee or other similar arrangement. Neither party is an agent of the other, and each party agrees that it will not represent itself to be an agent of the other party or attempt to create any obligation or make any representation on behalf of or in the name of the other party.
To participate in the Fiverr Affiliate program, you must agree to the following:
This Affiliate Agreement (the “Agreement”) contains the complete terms and conditions between Fiverr, and You, regarding your application to participate as an affiliate of Fiverr (“Affiliate”), and the establishment of links from your website to our websites, Fiverr.com and its sub domains and services.
BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE FIVERR AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO ACKNOWLEDGE THAT FIVERR'S PRIVACY POLICY GOVERNS YOUR PARTICIPATION IN THE FIVERR AFFILIATE PROGRAM.
The original language of this Agreement is English. Fiverr makes translations available for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
. Fiverr's Affiliate Agreement Definitions
1.1 “We”, “Our”, “Us”, “Fiverr” means Fiverr International Ltd. and its affiliates.
1.2 "You", "Your" and "Affiliate(s)" means the business, individual or entity applying for participation in the Fiverr Affiliate Program, or that displays Our products, services and/or promotions on its website and/or through offline representation through the affiliate tracking code in exchange for receiving remuneration from Fiverr for sales resulting from such display.
1.3 "Affiliate Program" means Fiverr's Affiliate program available on our website at: https://affiliates.fiverr.com.
1.4 "Affiliate Site" means the Affiliate's Internet site which displays Fiverr services and/or promotions.
1.5 "Canceled Purchase" means any purchase refunded, canceled, suspended or subject to chargeback.
1.6 "Commission Fees" or "Commissions" - Under the Affiliate Program, subject to the terms hereof, you will be paid a Commission Fee for each Qualified Purchase by a Referred User that you directly referred to Fiverr under and in accordance with this Agreement.
1.7 "Fiverr Gigs" means products and services that are available for purchase through Fiverr.com.
1.8 "Fiverr Marks" means, without limitation, Fiverr's trademarks, trade names, logos, copyrights, service marks, corporate names, and any other distinctive name or brand related to Fiverr, whether registered or not.
1.9 "Fiverr Sites" means www.Fiverr.com and its sub-domains and/or any other website as may be added by Fiverr, at its sole discretion from time to time.
1.10 "Fraudulent Traffic" – means any deposits or traffic generated at the Affiliate Site through illegal means or in bad faith to defraud Fiverr, regardless of whether or not it actually causes harm to Fiverr. Fraudulent Traffic includes but is not limited to spam, false advertising, deposits generated by stolen credit cards, collusion, manipulation of the services, system, bonuses or promotions not approved by Fiverr, offers to share the Commissions, directly or indirectly, with user and any other unauthorized use of any third party accounts, copyrights or trademarks.
1.11 "Intellectual Property Rights" or "IPR" means without limitation copyrights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, author's right, contract and licensing rights, goodwill and all other intellectual property rights as may exist now/or hereafter come into existence and all renewals and extensions thereof, regardless such rights arise under the laws of the state of Israel or any other state, court and jurisdiction.
1.12 "Prohibited Activity" means any activity that involves, facilitates, advocates or promotes one or more of the following: (a) discrimination on the basis of race, ethnicity, gender, religion, sexual orientation, age, national origin or disability; (b) libelous, defamatory, obscene, pornographic, sexually explicit or abusive activities; (c) gambling or illegal substances; (d) sedition or illegal activities; (e) false or misleading advertising; or (f) a conflict or violation of any law, rule, regulation or any intellectual property or other rights of any person, party or entity.
1.13 "Qualified Purchase" means a purchase made by a Referred User of either a Fiverr Gig or an online course on the Learn from Fiverr platform, provided that such purchase meets the criteria set forth in Section 4 hereof. Any purchase refunded, canceled, suspended or subject to chargeback will not be qualified as a Qualified Purchase, and shall be referred to as “Canceled Purchase”.
1.14 "Referred User" means each new and unique User referred directly from Affiliate through a Link (defined in Section 2 below) provided by or approved by Us, which meets the criteria set forth in Section 4 hereof, who has opened an account on the Fiverr Site.
1.15 "Registration Form" means any and all order forms for enrollment, registration forms, or other signup or acceptance forms (whether online, paper, fax, or otherwise) submitted by You in order to enroll into Fiverr's Affiliate Program, or, as applicable, the Referred User to make a Qualified Purchase.
1.16 "Sponsored Link" means a link offered, created, or displayed for a fee or any commercial arrangement by any internet search engine, portal, sponsored advertising service or other search or referral service which uses search terms or key words to identify, draw attention to or direct internet traffic to an internet site.
1.17 "Term"means the term of this Agreement as detailed in Section 13 herein.
1.18 "Terms of Service"means Fiverr’s terms of service applicable to all users, as amended from time to time, available at https://www.fiverr.com/terms_of_service.
1.9 "Tracking System" means Fiverr unique and specific tracking mechanism that will allow Affiliate to track the traffic and users which arrive via the Affiliate activity (including but not limited to the Affiliate Site).
2. Requirements
2.1 Enrollment in the Fiverr Affiliate Network
To begin the enrollment process, you must submit a completed Affiliate Registration Form. The Registration Form can be found at https://fiverraffiliates.com/login/. Fiverr has sole discretion whether to approve or reject your enrollment to the Fiverr Affiliate Program.
If We agree to enroll You to Our Affiliate Program, at Our sole discretion, We will make available to You a variety of graphic and textual links and/or widgets and plug-ins (including, among other, links for referring other affiliates, each of these links, widgets and plug-ins sometimes being referred to herein as "Links" or, individually, a "Link"), which are subject to the terms and conditions hereof. The Links will serve to identify Your site as a member of the Fiverr Affiliate Program and will establish a Link from Your site or e-mail to Ours. In utilizing the Links, You agree that You will cooperate with Us in full in order to establish and maintain such Links.
You also agree that You will display on Your site only those graphic or textual images(indicating a Link) provided by Us or text messages expressly approved in advance and in writing by Fiverr. All Affiliate Sites shall display such graphic and/or textual images prominently in relevant sections of their site. Furthermore, you agree not to use cookie stuffing techniques that set the affiliate tracking cookie without the Referred User's knowledge. Any information regarding Fiverr and its associated brands that is going to be displayed on Your Site must be provided by Us and expressly approved by Us in writing in advance of any display.
2.2 All Links may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of the parties hereto. You are not allowed to post any refunds, credits or discounts, or other content concerning Fiverr, unless We have given You prior written permission in each instance. Affiliates may only use coupons and discounts that are provided exclusively through the Affiliate Program using banners and links provided by Us. Any violations of the terms surrounding links, coupons, refunds, credits or discounts shall constitute a material breach of this Agreement, and may result in Us terminating your eligibility to be an Affiliate of Fiverr and disqualifying you from the Affiliate program and/or withholding of Your Commissions.
3. Order Processing
We will process orders placed by Referred Users who followed the Links from your Site to the Fiverr sites. We reserve the right, at our sole discretion, to reject orders that do not comply with all requirements under this Agreement and our Terms of Service. All aspects of order processing and fulfillment, including Fiverr service, cancellation, processing, refunds and payment processing will be Our responsibility. We will track the Qualified Purchases generated by Your Site and will make this information available to you through our affiliate website. To permit accurate tracking, reporting, and Commission accrual, you must ensure that the Links between your Site and our website are properly formatted.
4. Commission Determination
4.1 Under the Affiliate Program, you will be paid a Commission Fee for each Qualified Purchase by a Referred User that you refer to Fiverr in accordance with the terms of this Agreement. Each Referred User and each Qualified Purchase must meet the following criteria (the "Criteria"):
4.1.1 Each Referred User must be a new and unique visitor to Fiverr.
4.1.2 Each affiliate must register by completing and submitting the Registration Form using a valid and unique account and billing information.
4.1.3 Commission shall not be paid to the Affiliate for a Referred User that was already tracked through Fiverr's tracking system prior to visiting through the Affiliate.
4.1.4 Each Referred User must make a Qualified Purchase, and provide a valid payment for the purchased Fiverr services. To generate a Commission Fee for You, each Referred User must be an active, Qualified User of Fiverr and must be up-to-date in all payments at the time the Commission Fees are processed, and not have been subject to a refund, credit, cancellation, suspension or chargeback (these purchases shall be deducted from the Commission Fee as further detailed in Section 4.2.1 below).
4.1.5 Each Referred User must sign up in a manner, which in Our sole judgment, definitively establishes that the Referred User was referred for the first time directly from You to Fiverr under this Agreement based on our Tracking System.
4.1.6 Each Referred User must remain in compliance with our Terms and Service, and all applicable policies and guidelines of Fiverr that are applicable at the time the Commission Fees are processed.
4.1.7 Commission Fees may not be paid for the Qualified Purchase if the Referred User received a refund or credit from the Affiliate.
4.1.8 Fiverr reserves the right to withhold initial Commission Fees for Affiliates who are new to the Affiliate program, or who have commissions that are potentially fraudulent as determined by Fiverr in its sole discretion, in order to determine the legitimacy and cancellation rates of Referred Users.
4.1.9 Fiverr reserves the right to suspend payment of Commission Fees at any time and indefinitely, if it suspects fraud or Fraudulent Traffic, improper activity or a potential breach of any of the terms in this Agreement by the Affiliate or a Referred User(s). Fiverr reserves the right to deduct from Affiliate's current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, and canceled Fiverr purchases. Where no subsequent Commission Fee is due and owing, Fiverr will send Affiliate a bill for the balance of such Commission set off upon termination of the Affiliate Program or termination of the Referred User.
4.1.10 Fiverr, in its sole discretion, reserves the right to withhold indefinitely any Commission Fee, and/or to reverse, deny or reject any Commission Fee, and/or to deny or reject any Affiliate account, and/or terminate this Agreement immediately, for:
(i) Any account/sale which has not been in an approved status in good standing as an account of Fiverr for a period of at least thirty (30) days.
(ii) All commissions generated for accounts that may be subject to Fraudulent Traffic.
(iii) Any orders deemed to be fraudulent or for which We see a pattern of potentially fraudulent activity, including, without limitation, where there are multiple accounts (whether Fiverr accounts or Affiliate accounts) which are being operated by the same User or person, or referral of accounts which do not comply with this Agreement.
(iv) Altering Our Links in any way.
(v) Affiliates whom we believe may be artificially submitting Referred Users or charging double commissions, using false advertising, using marketing practices that we deem to be unethical or likely to attract fraudulent signups and/or signups with a very low likelihood of renewal.
(vi) Any direct referral or traffic to Fiverr Sites from search engines, and/or the use of “Fiverr” as a key-word for paid ads in search engines, including, without limitations, Facebook, Google, Bing, Yahoo, etc.
(vii) Any use of misleading sites, or accounts in social media.
4.2 Commission Fee Accrual and Payments
4.2.1 Subject to the terms of this Agreement, We will pay a Commission Fee equal to the specified percentage or dollar amount in accordance with the Commission Plan with respect to Qualified Purchases, less any Canceled Purchases. Commission Fees will be processed 30 days after the end of the month in which they accrued as set forth below, provided that Affiliate issues an invoice within 10 days from the end of that calendar month, otherwise the payment will be made on the following monthly payment cycle.
4.2.2 As of January 2020, Commissions may be paid in non-USD currencies as may be determined by Fiverr, in accordance with Fiverr's policy and subject to applicable law. Charges for wires or conversion fees may be deducted from the Commissions in accordance with Fiverr’s policy. Please note that Your Affiliate Commission balance is always derived from its USD value and, therefore, the foreign currency payment amount may change in accordance with the applicable exchange rates at the time of payment.
4.2.3 Commissions will accrue and only become payable once (i) you provide all relevant tax and address information pursuant to Section 6 below; and (ii) Commissions accrued to a minimum of $100 (the "Commission Threshold") based on the commission rates stated on Fiverr Tracking System. 4.3 Commission Plan
The Fiverr Affiliates program offers Commissions for every Qualified Purchase, as described in the Commission Plan, available at: https://affiliates.fiverr.com/commissionplan/ (the “Commission Plan”).
Hybrid Plan: Affiliates are also offered a “Hybrid Plan” which combines both one-time commissions for the first Qualified Purchase made by a Referred User, plus a certain rate of revenue share for all subsequent purchases (after discounts or promotions, and excluding Service Fees) made by such Referred User during the first year following their first Qualified Purchase. Please see the Commission Plan page for more information. The Hybrid Plan applies only to purchases of Fiverr Gigs (and do not apply to Learn from Fiverr). In order for the Affiliates to benefit from the Hybrid Plan, the Referred User must register to Fiverr through the Affiliate’s Hybrid Plan dedicated link (“Fiverr Hybrid”). Only Referred Users that registered to Fiverr through that link would entitle the Affiliates to hybrid commissions.
Fiverr Business Affiliate Commissions: With respect to Fiverr Business Accounts, Affiliates will be entitled to receive a certain rate of revenue share from all purchases (excluding Service Fees) made by a Referred User’s Business Account during the first year following the first Qualified Purchase of such Business Account. Affiliates may be offered additional one-time commissions once a Business account reaches a certain spend milestone. Please see the Commission Plan page for more information.
Fiverr reserves the right to change the Commission Plan at any time and/or agree on special commission rates with certain Affiliates individually and/or reduce future commission rates for individual Affiliates (subject to prior notice) based on poor performance or due to the Affiliate promoting their own Fiverr services.
Please see Section 7 regarding Referred Affiliates, which may entitle you to additional “Sub Affiliate” commissions.
4.3.1 Payment Forms/Types
Commission Fees shall be paid based on the current information in Your Affiliate profile. It is your responsibility to notify us promptly of any change in your address by updating Your profile information. Payment shall be made within 30 days of the end of the applicable calendar months for Commission due for such month.
5. Disputes
Affiliate has access to Fiverr's real-time Affiliate Program statistics and activity and specifically agrees to file any tracking or commission disputes as well as any other disputes and discrepancies within 10 days after the end of the month in which the sale or event that is disputed occurred. Disputes filed after more than 10 days of the date on which the Qualified Purchase occurred will not be accepted by Fiverr and Affiliate forfeits forever any rights to a potential claim.
6. Taxes Address Changes
6.1 It is Your responsibility to provide Fiverr with accurate tax and payment information that is necessary to issue a Commission Fee to You.
6.2 You are responsible for the payment of all applicable taxes related to the commissions you receive under this Agreement.
6.3 You are responsible for informing Fiverr of changes to postal and e-mail addresses, as well as any changes to your name, email address, contact information, tax identification number, or other personal information that will impact Fiverr's ability to issue a valid Commission payment.
7. Referred–Affiliates
Subject to the Fiverr’s acceptance, Affiliate may refer third parties that were not already registered as Fiverr affiliates (each, a “Referred Affiliate”) by using a dedicated link provided by Fiverr for this purpose (the “Sub Affiliate Link”). The registration of a Referred Affiliate is subject to such Referred Affiliate accepting the Fiverr Affiliate Agreement and, upon registering, using the Sub Affiliate Link.
Referred-Affiliate Commission: Affiliates will be entitled to a commission of 10% of the revenue earned by each Referred Affiliate. Such commission shall be paid to Affiliate under the terms of Section 4 above, and subject to all other terms and conditions in this Agreement.
8. Obligations Regarding Your Site
You will be solely responsible for the development, operation, and maintenance of Your site and for all materials that appear on Your site. Such responsibilities include, but are not limited to, the technical operation of Your site and all related equipment; content, descriptions, and references on Your site and linking those descriptions to Our website; the accuracy and propriety of materials posted on Your site (including, but not limited to, all materials related to Fiverr Gigs); ensuring that materials posted on Your site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal. We disclaim all liability and responsibility for such matters and You shall indemnify Us for any and all claims, losses, suits, demands liabilities, costs or expenses howsoever arising due to any misappropriation, infringement of a third party right or violation of any of your undertaking or warranties set forth in this Section 8.
You further represent, warrant, covenant and agree that You will not use the Fiverr Gigs or Our website to engage in or promote any Prohibited Activity and undertake to comply will all state and federal laws, rules and regulation applicable to the operation of Your business.
9. Fiverr Responsibilities
We will be responsible for providing all information necessary to allow You to make appropriate Links from Your site to Our site. Fiverr will be solely responsible for order processing of orders/Qualified Purchases placed by a Referred User following a Link from Your site, including but not limited to payment processing, cancellations, refunds and related Fiverr service. Fiverr shall also be responsible for tracking the volume and amount of Qualified Purchases generated by Your site, and for providing information to Affiliates regarding Qualified Purchases statistics.
10. Policies and Pricing
Referred Users who purchase Fiverr Gigs through the Affiliate Network will be deemed to be Our Users. Accordingly, all of Our rules, policies, and operating procedures concerning Fiverr orders, Fiverr service, and Fiverr Gigs sales will apply to those Users.
11. E-mails and Publicity
11.1 You shall not create, publish, transmit or distribute, under any circumstances, any bulk electronic mail messages (also known as "SPAM"). Any email communication sent will be coordinated in writing with Fiverr including dates and amounts of emails to be sent. Fiverr, in its sole discretion, reserves the right to reject each and every electronic mailing suggestion. The content of any e-mail message shall be subject to this Section 11. Additionally, You may only send e-mails containing a Fiverr Affiliate link and or a message regarding Fiverr or Fiverr's Affiliate Program to person(s) who have been previously contacted and whom consented to receipt of e-mails from containing Fiverr information or information about the Fiverr Affiliate program. Failure by You to abide by this section, CAN-SPAM Act of 2003 or our Anti-Spam Policy, in any manner, will be deemed a material breach of this Agreement by You and foreclose any and all rights you may have to any commissions. In addition, if your account has excessive clicks in a very short period of time as determined by Fiverr in its sole discretion, the Affiliate relationship may be terminated.
11.2 Compliance with the FTC’s Endorsement Guidelines: In all public postings and advertising materials related to the Fiverr Sites and/or the Link (including the Sub Affiliate Link), you will comply with the Federal Trade Commission’s Revised Endorsement and Testimonial Guides, which can be found here: https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf. In this regard, you commit, without derogating from any other guideline, to disclose your relationship with Fiverr clearly and conspicuously on your Affiliate Site and maintain such disclosure visible near the Link, wherever it is published.
12. Licenses and Use of the Fiverr Marks
12.1 Subject to the limitations set forth in Section 2 above and otherwise in this Agreement, we grant you a non-exclusive, non-transferable, revocable limited license to (i) access the Fiverr Site through the Links solely in accordance with the terms of this Agreement; and (ii) solely in connection with such Links, to use the Fiverr Marks (but only in the form(s) that they are provided by Us), for the sole purpose of promoting Fiverr Gigs and/or Fiverr Site, and as approved in advance by Us. You may not alter, modify, or change the Fiverr Marks in any way.
12.2 You shall not make any specific use of any Fiverr Marks for purposes other than promoting Fiverr Gigs and/or Fiverr Site, without first submitting a sample to Us and obtaining the express prior written consent of Your Fiverr account executive, which consent shall not be unreasonably withheld. You agree not to use the Fiverr Marks in any manner that is disparaging or that otherwise portrays Fiverr, any hosted member of Fiverr or any Fiverr employee or representative in a negative light. We reserve all of Our rights in the Fiverr Marks and of Our other proprietary rights. We may revoke Your license at any time, by giving You written notice. If not revoked, this license shall terminate upon expiration or termination of this Agreement.
12.3 You grant to Us a non-exclusive, royalty free, worldwide license to utilize Your names, titles, and logos, as the same may be amended from time to time (the "Affiliate Trademarks"), to advertise, market, promote, and publicize in any manner Our rights hereunder; provided, however, that We shall not be required to so advertise, market, promote, or publicize the Affiliate Trademarks. This license shall terminate upon the expiration or termination of this Agreement.
13. Term and Termination
13.1 The Term of this Agreement will commence upon Our acceptance of Your application to enroll to our Affiliate Program and acceptance of Your Registration Form and will end when terminated by either party. Notwithstanding section 4.1.10 above, either You or Fiverr may terminate this Agreement at any time, with or without cause, upon a 14 days’ prior written notice. You are only eligible to earn Commission Fees on Qualified Purchases occurring during the Term, and Commission Fees earned through the date of termination will remain payable only if the orders for the related Fiverr Gigs are not cancelled and comply with all Terms stipulated in this Agreement. We may withhold Your final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payment from Referred Users are legitimate as determined by Fiverr in its sole discretion.
13.2 Any Affiliate who violates either this Agreement or Fiverr's Terms of Service will immediately forfeit any right to any and all accrued Commissions Fees and will be removed from the Fiverr Affiliate Program.
13.3 Fiverr reserves the right to remove an Affiliate from the Affiliate Program, and to terminate or suspend this Agreement, at any time for any reason, in Fiverr's sole discretion.
13.4 Without limitation, Affiliate's participation in the Program, and this Agreement, shall be deemed automatically terminated and all commissions forfeited upon Affiliate's violation of any of the terms of this Agreement, Fiverr’s Terms of Service or of any applicable law or regulation.
14. Modification
We may modify any of the terms and conditions contained in this Agreement at any time in Our sole discretion. Such modifications shall take effect when posted on Our site. Fiverr, in its sole discretion, reserves the right to notify You by e-mail and further reserves the right to withhold notification of any changes made to this Agreement.
15. Disclaimers
15.1 Fiverr makes no express or implied warranties or representations with respect to the Affiliate Program, the Fiverr Site, the Link or any Fiverr Gigs sold through the Affiliate Program (including, without limitation, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). In addition, We make no representation that the operation of the Fiverr Site will be uninterrupted or error free, and We will not be liable for the consequences of any interruptions or errors, including the tracking of information about Referred Users during the period of interruption. YOU USE OUR SITE, THE PROGRAM, THE LINK (INCLUDING ANY WIDGETS) AND OUR SERVICES AT YOUR SOLE RISK AND AT YOUR OWN FREE WILL. FIVERR’S CONTENT IS BASED ON USER GENERATED CONTENT AND FIVERR MAKES NO REPRESENTATIONS AS TO ANY OF THE INFORMATION FOUND ON THE FIVERR SITE. THE AFFILIATE PROGRAM AND OUR GIGS, AS WELL AS ALL MATERIALS ON FIVERR'S SITE AND THE LINK ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE FIVERR SITES AND/OR SERVICES.
15.2 YOU ACKNOWLEDGE THAT FIVERR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE PROGRAM, OUR SERVICE OR THE FIVERR SITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FIVERR MAKES NO WARRANTY AND DISCLAIMS ALL LIABILITY REGARDING THE COMPLETENESS, ACCURACY, CONSISTENCY OR SECURITY OF THE FIVERR SITE AND THE FIVERR GIGS. WE ARE NOT RESPONSIBLE OR LIABLE FOR HARM THAT RESULTS FROM YOUR ENROLLMENT TO THE AFFILAITE PROGRAM, OR USE OF THE FIVERR SITE OR ANY SERVICE PROVIDED THEREIN.
15.3 Should the materials or services provided prove defective and/or cause any damage to equipment or any loss or inconvenience to the Affiliate or anyone claiming through the Affiliate, the Affiliate assumes the entire cost and liability for such damage or loss.
16. Limitation of Liability
FIVERR, ITS SUBSIDIARIES AND ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS OR SUPPLIERS WILL NOT, UNDER ANY CIRCUMSTANCE, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT, THE AFFILIATE PROGRAM AND/OR THE USE OF THE LINK OR ANY WIDGETS OR PLUG-INS PROVIDED BY FIVERR, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, FIVERR ITS SUBSIDIARIES AND ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS OR SUPPLIERS WILL NOT BE HELD LIABLE FOR ANY LOSSES OF ANY KIND THAT MAY RESULT DUE TO DOWNTIME AND/OR THE AVAILABILITY OF THE FIVERR SITE OR THE AFFILIATE PROGRAM AND/OR ANY OTHER THIRD PARTY DOWN TIME.
FIVERR'S AGGREGATE TOTAL LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED IN ANY EVENT THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
17. Relationship of the Parties
You and Fiverr are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on Our behalf. You will not make any statement, whether on Your site or otherwise, that reasonably would contradict anything in this Section.
18. Representations and Warranties
You hereby undertake, represent and warrant to us as follows:
(i) This Agreement has been duly and validly executed and accepted by You and constitutes Your legal, valid, and binding obligation, enforceable against You in accordance with its terms.
(ii) The execution and performance by You of this Agreement and the consummation by You of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate (i) any provision of law, rule, or regulation to which You are subject, (ii) any order, judgment, or decree applicable to You or binding upon Your assets or properties, (iii) any provision of Your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to You or binding upon Your assets or properties.
(iii) You are the sole and exclusive owner of the Affiliate Trademarks and have the right and power to grant to Us the license to use Your trademarks in the manner contemplated herein, and such grant does not and will not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to You or binding upon Your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity.
(iv) No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by You in connection with the execution, delivery, and performance of this Agreement or the taking by You of any other action contemplated hereby.
(v) There is no pending or, to the best of Your knowledge, threatened claim, action, or proceeding against You, or any Affiliate of Yours, with respect to the execution, delivery, or consummation of this Agreement, or with respect to Your trademarks, and, to the best of Your knowledge, there is no basis for any such claim, action, or proceeding.
(vi) During the term of the Agreement, You will not include in Your site content that is, in Our opinion, unlawful, harmful, threatening, defamatory, obscene, harassing, racially, ethically, or otherwise objectionable or are in violation of Our Terms of Service or Acceptable Use Policy.
(vii) You are at least eighteen (18) years of age.
(viii) You are not engaged in any Prohibited Activity.
(ix) Each Referred User and each Qualifying Purchase referred or submitted by You to Us, is valid, genuine, unique and not fraudulent and meets each of the Criteria for generating a Commission Fee as provided in this Agreement.
(x) You shall not use, procure, bid on or otherwise arrange for a sponsored Link which uses or includes any of the Fiverr Marks.
(xi) You undertake, directly and in any indirect manner, not to register, procure or use any Internet domain name that includes any of the Fiverr Marks or any variations or names similar to any of the Fiverr Marks.
19. Indemnification
You hereby agree to indemnify and hold harmless Us and Our subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that Our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by You herein, (iii) any claim related to Your site, including, without limitation, its development, operation, maintenance and content therein not attributable to Us or (iv) Affiliate engaging in any Prohibited Activity.
20. Confidentiality
Each of the parties here to agrees that all information including, without limitation, the terms of this Agreement, business and financial information, Fiverr and vendor lists, and pricing and sales information, shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Agreement except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party without breaching any obligation of confidentiality to the discloser hereunder. Notwithstanding the foregoing, each party is hereby authorized to deliver the copy of any such information (a) to any person pursuant to a valid subpoena or order issued by any court or administrative agency of competent jurisdiction, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process including, without limitation, the Securities Exchange Act of 1933, as amended, and the rules and regulations promulgated thereunder, and the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder.
21. Independent Investigation
Your application submission acknowledges that you have read this agreement and agree to be bound by all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit Fiverr relationships on terms that may differ from those contained in this agreement. we may also solicit Fiverr relationships with entities that operate websites that are similar to or compete with your website. You have independently evaluated the desirability of participating in the Fiverr Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
22. Governing Law
The laws of the State of Israel will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts located in Tel Aviv and You irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without Our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce Your strict performance of any provision of this Agreement will not constitute a waiver of Our right to subsequently enforce such a provision or any other provision of this Agreement.
Terms & Conditions
Terms & Conditions updated March 2, 2021
1. Welcome to Bonfire!
This page explains our terms of use. When you use Bonfire, you’re agreeing to all the rules on this website. Before using this website, if you have any questions relating to any section within these Terms of Use (the "Terms"), please email our support team at support@bonfire.com.
These Terms apply to you and to your access to, and use of, www.Bonfire.com (the “Website”), and any other website or service that links to these Terms (collectively, the “Services”). Please read the Terms carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.bonfire.com/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
The Services on this Website are provided by "Bonfire Funds, Inc. (“Bonfire”) and your use of the Services is subject to these Terms. “We,” “our” or “us” refers to Bonfire Funds Inc., collectively, “Bonfire”.
We provide a platform which allows individuals, artists, charitable organizations, non-profits, businesses or anyone at all who agrees to these Terms of Use and any other applicable policies or regulations to design custom apparel and merchandise (“Organizers”) to sell to their supporters worldwide through our platform (“Campaign”) or to design and purchase apparel or merchandise directly from Bonfire (“Supply”). This platform is also used by customers and supporters who choose to purchase apparel and merchandise and/or make donations from Campaigns (“Supporters”). This also applies to anyone accessing the platform at any time for any reason (“Users”). Organizers, Supporters and Users will collectively be referred to as “you”.
These Terms govern your use of this Website and our Products and Services (defined below). By using this Website, you accept these Terms in full. If you disagree with any part of these Terms, you may not use this Website or any Services of Bonfire.
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. You will be able to access most of our Website without having to register any details with us; however, in order to create a Campaign you will need to register certain details with us.
2. Account Creation
You must be at least thirteen (13) years old to register for an account, and to pay or accept money there are other requirements. See Section below “User’s Age” for more details.
When you register for an account you must provide us with accurate information. If not, we may not be able to assist you with accessing your account.
User’s Age
You must be at least thirteen (13) years old to create a Bonfire account or to access or use any of Bonfire’s Services. If you are not at least thirteen (13) years old, you may NOT use this Website at any time or submit any information to this website.
To purchase merchandise, give donations, and receive payouts you must be at least eighteen (18) years old or have your parent’s permission.
If you are a parent or legal guardian of a user visiting our site that is under the age of eighteen (18), you hereby agree to hold this user to these Terms and to hold harmless Bonfire if the minor breaches any of these Terms.
By using our Services, you certify that you satisfy the age guidelines and restrictions and your acceptance of these Terms.
Furthermore, if we believe that your information is incorrect, we may prevent you from accessing the Website, terminate or suspend your account, or otherwise limit or restrict your use or Service.
3. Security
You are solely responsible for the security of your account; any damages that arise from your failure to secure your account will not be covered by us.
To best protect your account, please keep your password confidential. You are responsible for all activity on or through your account. If you believe your account is compromised, follow these steps please reset your password and contact our support team as soon as possible.
Certain areas of this Website may require registration or may otherwise ask you to provide information to participate in certain features or access certain Content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain Content or features or participate in various areas of the Website.
Our Privacy Policy explains how we collect, use and disclose your personal information and protect your privacy when using our Services. By using our Services, you agree that Bonfire can use your information in accordance with our Privacy Policy (available at https://www.bonfire.com/privacy-policy/).
In the event that there exists any inconsistency between these Terms and our privacy policies, the Privacy Policy shall take precedence.
4. User Conduct
You are responsible for all activity on your account. We welcome your comments regarding the Website; however, please behave responsibly when using our Website.
We reserve the right to delete, move or edit any content posted on this Website for any reason. By using our Services, you agree that any and all Content that you contribute to Bonfire:
- Is owned by you or you hold appropriate license(s) to use such Content;
- contains no copyrighted or other protected material owned by others;
- contains no misleading, inaccurate, and/or dishonest statements;
- does not impersonate another business, individual, or charity;
- does not constitute, promote or encourage illegal acts;
- does not explicitly or implicitly violate any policy posted on our Website;
- does not infringe or violate other’s rights;
- contains no discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Website is being used;
- contains content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data;
- does not victimize an individual or group of individuals with hurtful or hateful language.
You agree that you will indemnify, defend and hold harmless Bonfire, its subsidiaries and all of their direct and indirect officers, directors, employees, agents, successors and assigns from any and all third party claims, demands, actions or threat of action (whether in law, equity or in an alternative proceeding), losses, liabilities, damages (including taxes), and all related costs and expenses, including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties, and threatened losses due to, arising from or relating to your use or contribution of Content to the Website that violates the above User Conduct requirements of that infringes any third party intellectual property rights.
We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Website in breach of this Section.
You shall not use our Website while distracted or preoccupied, such as when operating a motor vehicle. You should access our Website only with due regard for your own safety and the safety of others.
5. Intellectual Property
We are not trying to steal your content or use it in an exploitative way. Unless indicated otherwise, you have complete ownership of your own content and give us permission to post it on our Website.
By posting your Content, you grant us permission to use and/or publicly display works of your Content. Bonfire does not claim any ownership rights in the Content you upload to this Website. It is your responsibility to make sure your Content does not contain copyrighted material unless you have permission from the rightful owner.
If you believe a user has infringed upon your rights with their Bonfire Campaign, we ask that you (i) contact our fraud protection team at fraud@bonfire.com and (ii) submit an Intellectual Property Claim to us at support@bonfire.com.
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 Digital Millennium Copyright Act Agreement.
6. Bonfire’s Content
You are welcome to use our content to help promote your campaign, but please don’t post it elsewhere without our permission!
Our content is protected by copyright, trademark, and other applicable laws. We grant you permission to use our logo and other copyrights or trademarks solely to promote your Bonfire campaign page.
Examples of our content are the text on the Website, our logo, and designs created by our design team.
You may not otherwise use, publicly display or prepare derivative works of our content other than in connection with your campaign on Bonfire, unless we give you permission in writing.
7. Being A Campaign Organizer: Campaign Creation
Congratulations on starting your first Bonfire campaign! You help bring communities together worldwide by creating custom apparel for your supporters.
After Account Creation, you will have the ability to bring your vision to life by creating your Campaign. When creating a Campaign, you will be provided with a “base cost” from us for each product. With this information, you will set a sale price for each item. After your Campaign has closed a batch successfully, you will earn the difference between the base price and your sale price. For more information on how to get started, please check out this helpful article from our Help Center.
Copyright/Trademark
You represent that you own or all trademark rights, copyrights, rights of publicity and other intellectual property rights necessary to create and conduct a Campaign. You agree to provide us with evidence of this upon request. Your failure to do so may result in cancellation of your account and/or Campaign.
You agree that you will indemnify, defend and hold harmless Bonfire, its subsidiaries and all of their direct and indirect officers, directors, employees, agents, successors and assigns from any and all third party claims, demands, actions or threat of action (whether in law, equity or in an alternative proceeding), losses, liabilities, damages (including taxes), and all related costs and expenses, including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties, and threatened losses due to, arising from or relating to your use of trademarks, copyrights, rights of publicity or other intellectual property in your Campaign that infringe any third party intellectual property rights.
Bonfire retains all ownership rights in any designs created by our designers and may not be used by you, other than in connection with your campaign on this Website, without our consent.
Fraud
Fraud will be regarded as a serious matter and appropriate action, including, but not limited to, withholding payouts and/or account termination, or any other action within our right if fraudulent activity is detected.
You agree that all information you provide in connection with your Campaign is accurate and is not likely to deceive reasonable donors; and that all donations to your Campaign will be used solely as described in any promotion of your campaign.
You agree to not:
- falsely claim a connection to an intended recipient or charitable organization;
- fail to report accurate tax information to us or to the IRS;
- deceive others in order to get money from individuals believing they are making donations to charitable organizations or causes;
- publish deceiving statements on a Campaign page;
- upload content that infringes on the intellectual property of another person, business or organization.
We reserve the right to provide information relating to your Campaign to donors, beneficiaries of your Campaign or law enforcement in order to establish transparency and accountability.
In addition, in our sole discretion, we may choose to redirect all or a portion of the payout to the intended beneficiary or charitable organization aligned with the general purpose of the Campaign on your behalf. We may for any reason, in our sole discretion, place a hold on your account if fraudulent activity is detected.
By creating a Campaign, you agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms.
Payouts for Successful Campaigns
To receive payment for your Campaign, you will be asked to provide a PayPal account email address. If you are requesting the Payout to be sent to a business or charitable organization and do not have the ability to send the funds to their PayPal account, you can contact support@bonfire.com or your Bonfire representative to learn about alternate Payout options. We may require that you provide a Form W-9 to us prior to releasing funds.
You agree that you will verify the contact 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.
You acknowledge and consent that we may, at any time, for any reason, place a hold on a Campaign account, restricting payouts to a campaign organizer.
If you have questions about a hold that we have placed on your payout, please refer to contact us at support@bonfire.com.
Taxes
You are responsible for any taxes you owe based on the payments (“Payouts”) you receive from us. You must also follow our rules about content and conduct.
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 click here: https://www.irs.gov/payments/general-faqs-on-new-payment-card-reporting-requirements
Unclaimed Funds
Bonfire makes every effort to transmit funds due to each Campaign organizer. In cases where the Campaign organizer fails to submit sufficient account information (e.g. PayPal account details, tax information if applicable, current mailing address, correct email address, etc.), Bonfire will make a good faith effort to contact the Campaign organizer and/or beneficiary in order to render payment in accordance with Bonfire’s processes.
If we are unable to contact the Campaign organizer and/or beneficiary and retrieve sufficient payment information after a period of six (6) months from the Campaign’s end date, we may then deem the funds unpayable, disperse the funds to a charitable organization of Bonfire’s choosing, and apply such funds to the reimbursement of Bonfire’s expenses.
8. Buyer Agreement
As supporters, you help bring an artist’s vision to life or support the fundraising efforts of a great cause! By choosing to wear your custom apparel around the world, you are helping to share their message. That is what Bonfire is all about. :)
Placing an Order
You warrant that you are authorized to use any credit card, Paypal account, or other means of payment that you provide to us. Providing any inaccurate information is a breach of these Terms and may result in cancellation of your order. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, or problems identified by our credit and fraud avoidance department.
If your order is canceled after your credit card (or another payment account has been charged, we will issue a credit to your credit card (or another applicable payment account) in the amount of the charge. We will attempt to contact you if your order is canceled or if any information is required to accept your order.
By confirming your purchase at the end of the checkout process, you agree to pay for the Products, as well as the shipping and handling charges and applicable taxes.
Shipping and Delivery
Products will be shipped to an address designated by you as long as the address is complete. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss for Products pass to you upon delivery of the Products to the carrier.
Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products.
International Orders
You acknowledge that the Products sold on Bonfire, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs laws and regulations of the country in which the products are received, and you agree to comply with all applicable laws.
Returns
Our Products are custom-made and printed to order, we are not able to accept returns unless the product was damaged, misprinted, or incorrect. For other terms that apply to our Return Policy can be found here in our Help Center.
Misuse
We try our very best to make sure each Campaign is reviewed before launching, but from time to time, a Campaign gets missed.
We have no control over any information published on a Campaign page by a Campaign organizer and disclaim all liability to the fullest extent provided by applicable law. We simply do not have the resources to verify this information individually for every Campaign.
While the merchandise you order on Bonfire will be sent to you as you anticipate, we have no means of verifying that the funds raised will be used as expressly described by a Campaign organizer. All donations made will be at your own risk.
If you have reason to believe that any Campaign on our Website is fraudulent or your payment instrument (“Payment Instrument”) was compromised, immediately contact our fraud protection department at fraud@bonfire.com.
A few examples of what we do NOT consider misuse:
- Campaigns created on behalf of a beneficiary who is not aware that funds are being raised on their behalf.
- An idealistic or philosophical disagreement with the nature of the Campaign or character of the Campaign organizer.
- Multiple Campaigns set up on behalf of a person, charity, or event.
- Campaigns that have exceeded the sales goal set forth by the Campaign organizer.
9. 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.
10. Indemnification
You and your heirs and assignees agree to defend, indemnify, and hold Bonfire harmless from any and all claims, damages, and expenses, including attorney's fees, arising from these Terms or related to your use of Bonfire.
11. Termination
These Terms are effective unless terminated by either you or Bonfire. You may terminate this Agreement at any time, provided that you discontinue any further use of the Website.
We may also terminate this Agreement at any time and may do so immediately without notice and deny you access to the Website if in our discretion you fail to comply with any of these Terms.
12. Limitation of Liability
To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of Bonfire.
The information, software, Products, and Services included in or available through the Website may include inaccuracies or typographical errors. Changes are added periodically to the information herein. We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, Products, Services, and relate graphics contained on the Website for any purpose.
We take all reasonable steps so that our Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this Website is unavailable at any time.
Our Website may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obliged to do so.
By submitting a telephone number to Bonfire you agree that a representative of Bonfire can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any of our Services.
13. Warranties and Disclaimers
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS BONFIRE DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.
BONFIRE MAKES NO WARRANTY OR CONDITION THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
14. Disputes
We make no representations that the content or the Website is appropriate or may be used or downloaded outside the United States. Access to the Website and/or the content may not be legal in certain countries outside the United States. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Website.
If an issue does arise out of these Terms related to your use, and it can’t be resolved by us, then it must be resolved by arbitration before the American Arbitration Association in Richmond, Virginia. By agreeing to these terms you are waiving your right to trial by jury or to participate in a class action or representative proceeding.
In the event of a dispute between You and Bonfire that cannot be adjudicated through arbitration, You agree that all disputes and related claims shall be construed in accordance with the laws of the Commonwealth of Virginia and that jurisdiction for the dispute shall be in a federal or state court with competent jurisdiction located in Richmond, Virginia.
Our Website is subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Website, as may be required.
User Disputes
You agree that you are responsible for your interactions with any other user in connection with the Services and Bonfire will have no liability or responsibility with respect thereto. We reserve the right but have no obligation to become involved in any way with disputes between you and any other user of the Services.
Bonfire is entitled to make payouts and otherwise correspond with the original registrant. Alternatively, we reserve the right to withhold payouts until the dispute is resolved, in Bonfire’s discretion.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
15. Additional Terms
Certain sections or pages on this Website may contain additional Terms. In the event of a conflict, those additional Terms become part of your Agreement with us if you use those Services.
16. Governing Law
We strongly encourage you to contact us if you’re having an issue, before taking legal action. In the rare occasion where legal action does arise, these Terms (and all other policies) will be governed by and construed in accordance with the laws of the Commonwealth of Virginia and the United States and will be adjudicated in Richmond, Virginia Federal, State and local courts.
17. Definitions
For the purposes of this Agreement, the following terms shall have the following definitions:
- "Additional Terms” means the terms we reference or link to or within this Agreement.
- “Agreement” refers to the Terms of Use as well as any other legally binding policy listed on our website.
- "Base Cost” the cost of the product.
- "Bonfire Account” means the account created by a user utilizing Bonfire Services.
- “Bonfire,” we mean Bonfire Funds, Inc. ("Bonfire”). We also refer to Bonfire as “we,” “us” and “our.”
- “Campaign” means any campaign created by a Campaign Organizer in order to receive monetary donations from supporters.
- "Campaign Organizer(s)” are individuals or groups of individuals that use Bonfire’s Services to create a Campaign and receive monetary donations from supporters.
- "Content” collectively refers to all software, documentation, data , updates, thereto, services, and other items that we make available to you through this Website.
- "Intellectual Property” refers to the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our team at legal@bonfire.com.
- "Payment Instrument(s)” refer to methods of payments which allow users to transfer funds between accounts at banks or other financial institutions.
- “Services” contain content including, without limitation, Bonfire's logos, designs, text, graphics, pictures, information, data, software, other files that are the property of Bonfire and are protected by U.S. and international copyright laws.
- “Terms of Use,” we mean these Terms of Use (“Terms”) and all other terms and policies posted us on Bonfire.com (and any updates by Bonfire to these Terms of Use and those terms and policies).
- "User" “You” or “your” we mean any user (like you!) of Bonfire.