Beneficiary(ies): Beneficiary is defined as a person (or a group of people) upon whose behalf an Organizer establishes a Fundraiser. A Beneficiary is intended to be the ultimate recipient of the monies specified to be awarded thereto by a Donor as a result of Fundraising Activity undertaken for the Purpose.

Charity(ies): Charity is defined as an entity (or a group of entities) that meets the definition of a “Tax-Exempt Organization” as established by the Internal Revenue Service (“IRS”) of the United States. As it pertains to Our FTC, a Charity, if associated with a Fundraiser, is intended to be the ultimate recipient of any monies specified to be awarded thereto by a Donor. To learn more about how the IRS rules and regulations regarding Tax-Exempt Organizations go here. To search the IRS database of Tax-Exempt Organizations go here. To search Our list of those Tax-Exempt Organizations (the “List of Charities”) that may have registered with Us to participate in a Fundraiser go here.

Donation(s): Donation is the monetary value (in U.S. Dollars) of the monies conveyed by the Donor to the Fundraiser for the benefit of the Beneficiaries and Charities specified by the Donor.

Donor(s): Donor is defined as a person or entity who donates monies to a Fundraiser for the benefit of the Beneficiaries or Charities specified by the Donor.

Donor Data: Donor Data is defined as any data that We gather and store about a Donor, including, but not limited to, a Donor's name, email address, Donation amount, date of transaction, transaction identification number, and name of the Fundraiser.

Donor List(s): Donor List is defined as a report that sets forth the Donor Data for the Donors who Donate to a particular Fundraiser.

Fundraiser: Fundraiser is defined as a campaign undertaken by an Organizer, utilizing Our Website, to raise monies for the Purpose specified within the Fundraiser Application. A Fundraiser is a type of Service that We offer on Our Website.

Fundraising Activity: Fundraising Activity is defined as the aggregate interaction of Our Website and the collective engagement of an Organizer, all Donors, Beneficiaries and/or Charities to raise and dispense monies for the Purpose specified within the Fundraiser Application for the benefit of a Beneficiary or Charity.

Fundraiser Account: A Fundraiser Account is defined as the unique and secure electronic ledger, established by an Organizer with one of Our Payment Processors, for the purpose of collecting Donations in accordance with the Purpose. Donations held in a Fundraiser Account are intended to be ultimately transferred to the Beneficiary or Charity for expenditure in accordance with the Purpose.

Fundraiser Application: The Fundraiser Application is all information that We may require to be entered upon Our Website in order for an Organizer to establish a Fundraiser. The Fundraiser Application, and the information gathered thereupon and in conjunction therewith, shall be established and determined at Our sole and unfettered discretion, and the nature of the information that We require to be provided in conjunction with a Fundraiser is subject to any modifications or additional conditions that We may make or impose thereupon with or without notice to any party and irrespective as to whether or not a Fundraiser has commenced prior to when the modifications or additional conditions were imposed.

Gratuity: We do not charge any fees to start or maintain a Fundraiser on Our Website. This fact notwithstanding, a Donor may voluntarily choose to provide Us with a monetary tip in order to defray Our costs to maintain Our Website and the underlying technology platform upon which Fundraising Activity is conducted. In the event that a Donor leaves Us a Gratuity, the Gratuity is not considered a part of the Donation, and as such, We are not obligated to share the Gratuity monies with any third-party, including, but not limited to, an Organizer, Beneficiary or Charity.

Organizer(s): Organizer is defined as a person or entity who is registered as a User on Our Website, who or which establishes a Fundraiser for the Purpose specified within the Fundraiser Application for the benefit of a Beneficiary or Charity.

Payment Gateway(s): Payment Gateways are technology systems that securely transmit online payment data to a Payment Processor in order to enable the conveyance of monies from the Donor's account to an account established for the benefit of the Beneficiary or Charity. We are not a Payment Gateway and contract with third-parties to act in this role.

Payment Method(s): Payment Methods are any number of ways in which a Donor can convey monies in satisfaction of a Donation, and can include, but are not limited to, credit cards, digital wallets, direct debit, offline payment, etc.

Payment Processor(s): Payment Processors execute the Donor's intended conveyance of monies once the Payment Gateway provides the Payment Processor with the authorization to do so. A Payment Processor's scope of services includes fraud detection, chargeback management and compliance with applicable regulations. A Payment Processor may also serve the role of Payment Gateway. We are not a Payment Processor and contract with third-parties to act in this role.

Promotion(s): Promotions are defined as programs that offer an incentive to encourage an individual to take some action that the individual may not otherwise be predisposed to take, or to refrain from taking some action that the individual may otherwise have been predisposed to take. Promotions can take many forms, including, but not limited to, a contest, raffle, sweepstakes or similar activity whereby one party may receive something of value, tangible or intangible, and irrespective of the value thereof, to participate in any Fundraising Activity. No Fundraiser is allowed to include any aspect of a Promotion.

Purpose: Purpose is defined as the reason that the Organizer has established the Fundraiser. The Purpose should be set forth within the Fundraiser Application in the form of a simple statement that explains how the monies will be used for the benefit of a Beneficiary or Charity. The “Original Purpose” is defined as the first Purpose set forth in the initial Fundraiser Application as established prior to the point in time that any monies were collected relative to the Fundraiser. Any subsequent modification to the Original Purpose, if allowed after Our review thereof, may be grounds for refunding all Donations made up to the point that the Purpose was so modified.

Transaction Fee: We do not charge any fees to start or maintain a Fundraiser on Our Website. This fact notwithstanding, the Payment Gateway and Payment Processor may levy a “Transaction Fee” for their services, and any Transaction Fee charged thereby may reduce the Donation unless the Donor opts to cover the cost of the Transaction Fee.

Withdrawal(s): A Withdrawal is defined as the transfer of monies out of the Fundraiser Account to either the Beneficiary or Charity, or to a third-party on their behalf, in fulfillment of the Purpose.

Fundraiser Account Holds:From time to time, We may, in Our sole and unfettered discretion, place a hold on a Fundraiser Account (a “Hold”), restrict Withdrawal(s), initiate a reverse ACH transfer of monies withdrawn from a Fundraiser Account, secure reserves, or take similar actions to protect Our interests or the interests of any third-party. Some of the reasons that We may take such actions include, but are not limited to, Our belief or determination, in Our sole and unfettered discretion, that: (i) information provided by an Organizer is false, misleading, or fraudulent, or monies are being (or may be) used in a prohibited manner or in contravention to the Purpose; or, (ii) the monies available should be provided directly to a third-party other than the Organizer, who is entitled by law to act on behalf of the Organizer, Beneficiary or Charity; or, (iii) an Organizer, Donor, Beneficiary or Charity has violated these FTC; or, (iv) the Organizer is colluding with Donors or Charities to engage in fraudulent or deceptive activity; or, (v) there may be suspicious or fraudulent Donation activity; or, (vi) such action is required to comply with a court order, subpoena, writ, injunction, or as otherwise required under any applicable local, state or federal laws or regulations. If You have questions about a Hold We may have placed on a Fundraiser Account associated with Your Fundraising Activity, or need information about how to resolve the Hold, please contact us via email at legal@obituare.com .

Withdrawing Donations from a Fundraiser Account: While We strive to ensure that the Payment Processors make Withdrawals available to You in a commercially-reasonable and prompt manner, You acknowledge and agree that: (i) Withdrawals may not be available to You for use immediately; and, (ii) We do not guarantee that Withdrawals will be available to You within any specific time frame; and, (iii) We expressly disclaim any and all responsibility for any delay in Withdrawals or Your inability to access and use Withdrawals at any specified time, and any consequences arising from such delay or inability. You, as an Organizer, Beneficiary or Charity, are responsible for ensuring that the information You provide to Us for conveyance to the Payment Processors in order to process a Withdrawal, including Fundraiser Account information and the bank account information for the recipient account, is accurate and up to date.

Refunds and Chargebacks of Donations:Occasionally, a Donor may dispute the validity of a Donation by contacting Us, by contacting the Payment Processor or by contacting their Bank. We may, at any time and for any reason or no reason at all, without notice, and in Our sole and unfettered discretion, offer or issue a refund of Donation(s) with or without consulting with You, which may comprise the entire amount donated to Your Fundraiser. In no event shall We be liable to You or to any third party for any claims, damages, costs, losses, or other consequences caused by Our having issued refunds of Donations, including, but not limited to transaction or overdraft fees that may levied against any third-party's bank account as a result of a Hold or reversal that We initiate.

If Donations are refunded to the Donor for any reason, the chargebacks resulting therefrom will be deducted from monies remaining in the Fundraiser Account, or if necessary, claimed by issuance of an invoice payable by the party responsible for: (i) having withdrawn the refunded monies from the Fundraiser Account; and/or, (ii) having benefitted from the refunded monies. The Organizer, Donor or Charity, as applicable, expressly agrees that: (a) it will be responsible for relinquishing or repaying the refund back to Us if there are not adequate monies in the Fundraiser Account to cover the refund; and, (b) either We or the Payment Processor may elect to offset a future Donation to the Fundraiser rather than requesting that the Organizer, Beneficiary or Charity repay the refunded Donation.

Transaction Fees and Gratuities: We introduce You to third-party Payment Processing firms to establish, hold and administer the Fundraiser Account and to collect Donations via the various Payment Methods. You acknowledge that by contributing a Donation to a Fundraiser, as a Donor You are agreeing to retain the Payment Processor for the processing, use, transfer or disclosure of data by the Payment Processors pursuant to these FTC as well as pursuant to any and all applicable terms and conditions set forth by the Payment Processors. For these services provided by the Payment Processor, You acknowledge and consent to the Payment Processor's fee levied against each Donation transaction, with the Payment Processor's fee being subject to change from time-to-time without notice to You. You may have the optional ability to “gross-up” Your Donation to cover the cost of the transaction fees levied by the Payment Processor if You so choose, as otherwise the Payment Processor's transaction fees will serve to reduce, on a 1:1 basis, monies that are available to Fundraiser total. In the event that the Donor chooses to pay a Gratuity to Us to help defray the cost of creating, hosting and maintaining Our Website, no other Party shall assert a claim against Our sole and unfettered right to the Gratuity, and Our right to spend the Gratuity as We see fit.

Payment Processors: We are not a Payment Processor and We do not hold any monies for any Fundraiser in any capacity.Instead, We introduce You to third-party Payment Processor partners to establish Fundraiser Accounts, to process Donations for a Fundraiser, and to facilitate Withdrawals. Establishing Fundraiser Accounts, processing of Donations, minus any applicable Transaction Fees, the remittance of Gratuities to Us, and facilitating of Withdrawals is based upon and subject to the applicable Payment Processor's procedures and terms.

In order to make a Withdrawal of monies from a Fundraiser Account, an Organizer, Beneficiary or Charity (collectively “Withdrawing Entity”) as the case may be, will be required to provide the Payment Processor with information regarding the bank account into which the Withdrawal will be deposited (the “Withdrawing Account”). You, as Withdrawing Entity, represent and warrant to Payment Processor and Us that any information You provide pertaining to the Fundraiser Activity, the Fundraiser Account, Withdrawing Entity and Withdrawing Account, is true and accurate, and that You are authorized to move monies into the Withdrawing Account.

By setting up a Fundraiser Account or acting in the role of an Organizer, Beneficiary or Charity, the Withdrawing Entity agrees to the processing, use, transfer and/or disclosure of data by the Payment Processors to Us pursuant to these FTC as well as pursuant to any and all applicable terms set forth by the Payment Processors. Our current Payment Processors include: Stripe, Inc. (Stripe's terms of service), and PayPal, Inc. (PayPal's terms of service).

In addition, in limited circumstances We may introduce You to PayPal and Stripe to facilitate Donations to Charities through entities affiliated with PayPal and Stripe. Any and all Donations facilitated in this manner will be deposited with a grant-giving IRS-registered 501(c)(3) public charity associated with either PayPal or Stripe (an “Affiliated Charity(ies)”). The Affiliated Charities receive Donations as the charity of record and then, to the extent they are able, transfer monies (net of Transaction Fees and Gratuities) to the ultimate Charity selected by the Organizer and identified in the Fundraiser. While the Affiliated Charities take multiple steps to attempt to convey Donations in accordance with the Donor's identified preference, the Affiliated Charities retain exclusive control over all Donations made thereto. If a Charity fails to meet the terms and conditions established by the Affiliated Charities and/or fails to meet the Affiliated Charity's due diligence standards for receipt of a Donation at any time, the Affiliated Charity may reassign the Donation in accordance with its policy here. When an Affiliated Charity receives a Donation intended to be forwarded to the ultimate Charity recipient established by the Organizer, Beneficiary or Donor, the name of the Affiliated Charity will appear on your tax receipt. In addition to be governed by these FTC, Donations made through Affiliated Charities governed by terms and conditions.

Payment Card Industry Data Security Standard:The Payment Card Industry Data Security Standard (PCI DSS) is a set of industry-mandated requirements for any business that handles, processes, or stores credit card information. The primary basis for the standard is to maintain controls around cardholder data to reduce credit card fraud. Although card data is processed and stored by the Payment Processors and not by Us, We have nonetheless endeavored to achieve the highest level of PCI Compliance as a PCI DSS Level 1 Compliance Service Provider.

Prohibited Conduct: You, as the Organizer, Donor, Beneficiary and Charity as the case may be, are solely responsible for compliance with all applicable local, state and federal laws as they pertain to the Fundraiser and Fundraising Activity. You agree to fully cooperate with any request We make for evidence We deem necessary to verify Your compliance with Our Terms & Conditions, including, but not limited to, Your compliance with these FTC.

In an effort to remove doubt about what actions that You may take that would cause You to fall out of compliance with these FTC, We have identified a non-exhaustive list of examples of User Content and Fundraising Activity that is expressly prohibited by Us, and which may even cause You to incur potential criminal liability. This list is not exhaustive and We reserve the right to remove any Fundraiser and/or investigate any Organizer, Donor, Beneficiary or Charity who or which, in Our sole and unfettered discretion, violates any of Our Terms & Conditions or the terms & conditions of the Payment Processor, whether said violation is express or implied. If We investigate your User Content or any aspect of a Fundraiser with which You are associated, We may consider all publicly available material, including, but not limited to, social media postings, related news, and any other information that We, in Our sole and unfettered discretion, deem relevant to Our review. We further reserve the right, without limitation, to ban or disable Your use of Our Website, remove the offending User Content in accordance with Our Takedown Policy which can be found here, suspend or terminate Your account, stop payments to any Fundraiser, freeze or place a hold on Donations, and report You to law enforcement authorities or otherwise take appropriate legal action, including without limitation, seeking restitution on behalf of Ourselves and/or Our Users.

Without limiting the foregoing, You agree, represent, warrant and covenant the following:

Additionally, with respect to all Donations You make or accept through Our Website, You agree and represent, warrant and covenant:

We reserve the right to refuse, condition, or suspend any Donations or other transactions that We believe in Our sole unfettered discretion may violate these FTC or Our Terms & Conditions or harm the interests of Our Users, business partners, the public, or Us, or that expose You or any other third-party to liability or risk under Our Privacy Policy. This information may include information about you, your account, your Donors, your Donations, and transactions made through or in connection with your use of the Services.

Privacy: Our ToS and Our FTC are further controlled by Our “Privacy Policy,” which can be found here and which is incorporated herein by this reference. By using or accessing Our Website for any reason, including, but not limited to, engaging in any Fundraiser, You agree that We may use and share Your personal information in accordance with the terms of Our Privacy Policy. The default setting for Fundraising Activity is to publicly display all pertinent Organizer, Donor, Beneficiary and Charity information for all to see, including on search engines (like Google and Yahoo). While the Organizer, Beneficiary and Charity have minimal ability to mask their data from public disclosure, if You are a Donor You do have the ability to keep certain details of Your Donation private from the general public. Please remember that if You choose to provide information using certain public features of Our Website, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without Our knowledge and without Your knowledge, and search engines may index that information for search engine purposes. We therefore Urge You to think carefully about including any specific information You may deem private in content that You create or information that You submit throughout Our Website.

If a Charity obtains access to any Donor Data, including, but not limited to, in the form of a Donor List or otherwise, the Charity represents and warrants that it will protect as confidential any PII contained within the Donor Data. The standard of care that the Charity must adhere to regarding the confidentiality of any PII of a Donor shall be no less than the standard of care imposed by the common law duties of confidentiality or privacy established from time to time by the federal courts of the United States. If Your data is part of a Donor List, Your data may be used by such Charity for a number of valid reasons, including but not limited to, for the issuance of official Donation receipts (or equivalent document), but always stored and accessed in accordance with the Charity's privacy policy. We are not responsible, and shall not be liable, for any Charity's use of any Donor information.