Terms and conditions
Summary of Services
Funeralfund.com is a funding platform that allows persons (“Organizers”) to raise funds from visitors and other users of the Site (collectively, “Users”, including without limitation “Organizers,” “Backers,” “Supporters,” and “Donators” as may be further described on the Site), for funeral related services. The Services at Funeralfund.com may make various content accessible, including, but not limited to, photographs, images, video, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works. Users may have the ability to contribute, add, create, upload, publish, display, link to, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") content. “User Content” shall have the meaning set forth below in the “User Content” section.
Acceptance of Terms/Private Policy
The Services offered at Funeralfund.com are only available to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are at least 18 years old and legally competent to form a binding contract, and that all registration information you submit is accurate and truthful. Funeral Fund may, at anytime, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility. This provision is void where prohibited by law and the right to access the Services is revoked in those jurisdictions.
Some areas of the Services may allow Users to post fundraising campaigns, Funding Requests (as defined in the Fundraising section below), feedback and questions, postings, messages, statements, text, files images, graphics, hyperlinks, and other materials (any and all such postings hereinafter referred to as "User Content"). You are solely responsible for your User Content that you Submit on the Services, and you agree that we are only acting as a social platform for your online User Content.
Offers, solicitations and other User Content made available through Funeral Fund are those of their respective authors and not of Funeral Fund. Each author of any User Content is solely responsible for the accuracy and legality of such User Content. We do not guarantee the accuracy, completeness, usefulness, or intellectual property rights of any User Content on Funeral Fund and neither adopt nor endorse nor are responsible for the accuracy or reliability of any statement made in any User Content.
Funeralfund.com takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties Submit using the Services. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you Submit using the Services, is solely your responsibility. Funeralfund.com is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Funeralfund.com shall not be liable for any damages you incur a result of such User Content. You are solely responsible for your interactions with other Funeralfund.com Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
With respect to any and all User Content you Submit, you represent, warrant and covenant to Funeral Fund that you:
- Own, or have all necessary licenses, rights, consents, and permissions to use and authorize Funeralfund.com to use, all patent, trademark, copyright, name and likeness rights and other rights of publicity, and other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in connection with the Site, Services and these Terms, and that no User Content infringes any such right of a third party;
- have obtained each necessary written consent, release, and/or permission of or with respect to each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in connection with the Site, Services and these Terms;
- will only Submit User Content that is authorized by each proprietary right owner, including owners of applicable privacy, name and likeness and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Funeralfund.com all of the license and other rights granted herein;
- will NOT Submit any false information, misleading statements or misrepresentations that could damage Funeralfund.com or any third party;
- will NOT Submit User Content that is unlawful, offensive, false, inaccurate, misleading, defamatory, libelous, threatening, pornographic, profane, obscene, vulgar, harassing, hateful, racially/ethnically or religiously offensive, or which constitutes or encourages conduct that could give rise to civil or criminal liability or otherwise violate any applicable law or regulation;
- will NOT distribute or post spam, chain letters, advertisements, promotional materials, pyramid schemes or solicitations of business;
- will NOT harvest or otherwise collect information about users, personal information, email addresses, content statements, images, without their consent; and
- will NOT impersonate another person, business or entity.
You understand that by using Funeralfund.com you will be exposed to User Content from a variety of sources, and that Funeralfund.com is not responsible in any way for the accuracy, usefulness, safety, intentions or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is false, inaccurate, offensive, indecent, or objectionable and that you must conduct your own independent inquiry and investigation concerning each Funding Request, and you hereby forever release and waive any and all claims, legal or equitable rights or remedies, whether known or unknown, you have or may have against Funeral Fund with respect to the foregoing.
User Conduct / Prohibited Uses
THE SITE IS NOT FOR PERSONS UNDER THE AGE OF 18. If you are under 18 years of age, then please do not use the Site.
- Access to the Funeralfund.com content and the Site from territories where these contents are illegal is strictly prohibited. Users are responsible for complying with all applicable rules, laws, and regulations including, without limitation, rules about intellectual property rights, the Internet, technology, data, email, or privacy.
- Your use of any of the Funeralfund.com content other than for approved lawful non-commercial use is strictly prohibited.
- You may not use the Site in any manner that, as we may determine in our sole discretion, could mislead, damage, disable, overburden, or impair it or interfere with any other party’s use of the Site.
- You may not intentionally interfere with or damage the operation of the Site or any User’s interaction with it, by any means, including uploading or otherwise installing viruses, worms, or other malicious code.
- You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any content accessible through the Site, or features that force limitations on the use of the Site.
- You may not attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of it, through hacking, phishing, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
- You agree neither to modify the Site in any manner or form (other than posting your User Content in accordance with this Agreement), nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
- The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
- You may not utilize framing techniques to enclose any trademark, logo, or other Funeralfund.com content without our express written consent.
- You may not use any meta tags or any other “hidden text” utilizing the name of the Site or associated trademarks or Funeralfund.com name or trademarks without our express written consent.
- You may not deep-link to the Site and will promptly remove any links that Funeralfund.com finds objectionable in its sole discretion.
- You may not use any logos, graphics, or trademarks of Funeralfund.com or those related to the Site as part of any link without our express written consent.
- You may not send junk mail or spam mail to other Users, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
You may view content on the Site without registering, but to access certain features on the site, you may be required to register with Funeral Fund and select a screen name User ID and password. You shall provide accurate, complete, and updated registration information. Failure to do so may constitute immediate termination of your account. You shall not use as a User ID, domain name, or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is otherwise offensive, vulgar, or obscene. Funeral Fund reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, or Funding Request. You are solely responsible for all activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Site. You shall never use another User’s account without the other User’s and Funeral Fund’s express written permission. You will immediately notify Funeral Fund in writing of any unauthorized use of your account. You may use your Settings to control your Member Profile and how other Members communicate with you. By providing Funeralfund.com your email address you consent to our using the email address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including but not limited to notices of changes to features of the Services and special offers.
Funeralfund.com is a funding platform that allows Organizers to raise funds from Users for funeral related services. By backing, donating or creating a fundraising campaign, you agree to be bound by this entire Agreement, including the following terms:
- The first step in launching a fundraising campaign using the Services is to create a funeral fundraising profile page and post a "Funding Request." To post a Funding Request, set your reasonable goal for the total Contributions you wish to raise during your current campaign ("Campaign Goal") and the date by which you'd like to raise the funds ("Campaign Deadline") on your profile page. The Campaign Deadline can be between 1 and 14 days out. The Campaign Deadline automatically expires after 14 days.
- All Contributions made to an Organizer under a Funding Request will be directed to the Organizer’s designated Funding Account, less a 5% fee retained by Funeral Fund Inc. All Contributions paid to an Organizer will constitute "Campaign Funding," and the Funeral Fund fee and all other requirements under these Terms will apply. Funeralfund.com is NOT responsible for any error or omission in the Funding Account information you provide.
- When you reach your Campaign Deadline, your Funding Request will automatically close and no more Contributions will be accepted for your Funding Request. If an Organizer reaches the Organizer’s Campaign Goal before the Campaign Deadline, the Campaign will remain open until the 14 Day expiration date ends. Each donation is immediately deposited into the Organizers PayPal or WePay account. Funeral Fund, Inc. charges a 5% administration fee for each transaction. (Example, if you raise $100.00, Funeral Fund, Inc. will charge your account $5.00. Anyone can set up a campaign but if you go through one of our Partners they will charge an extra 2% fee. In addition, if you choose PayPal as your payment method, PayPal will charge your account a 2.9% fee + $0.30 per transaction fee for the total amount donated). Funeralfund.com is NOT responsible for PayPal’s payment performance. If you choose WePay as your payment method, WePay will charge your account a 2.9% fee + $0.30 per transaction fee for the total amount donated. Funeralfund.com is NOT responsible for WePay’s payment performance. On average, you will keep approximately 92% of all the funds you raise.
- If you DO NOT raise any money by your Campaign Deadline, NO money changes hands and No one is charged a cent by Funeral Fund.
Contributing to Funding Requests
Funeralfund.com may provide you the opportunity to make contributions to fundraising campaigns on the Site. You may contribute to any Funding Request with an open Funding Request in any amount you choose. The minimum amount is $5.00, but you are limited to a maximum of $2000 per day. You may contribute to as many Funding Requests as you like. It is solely your choice to contribute to a Funding Request. You understand that making a Contribution to a Funding Request does not give you any rights in or to that Funding Request, including without limitation any ownership, control, or distribution rights, and that the Organizer shall be free to solicit other funding for the Funding Request, enter into contracts for the Funding Request, allocate rights in or to the Funding Request, and otherwise direct the Funding Request in its sole discretion. You further understand that nothing in this Agreement or otherwise limits Funeralfund.com right to enter into agreements or business relationships relating to Funding Requests. Funeralfund.com does not guarantee that any Funding Request's Campaign Goal will be met. No perks will be offered for your monetary contributions to the Funding Request. A simple “ Thank You ” is all that is needed and allowed under this Agreement.
As between each User and Funeral Fund, Contributions to Funding Requests are non-refundable.
Intellectual Property and License Grants
License of User Content. By Submitting User Content on the Site or otherwise through the Services, you agree to the following terms:
Funeralfund.com will not have any ownership rights over your User Content. However, Funeral Fund needs the following license to perform and market the Services on your behalf and on behalf of its other Users and itself. You grant to Funeral Fund the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right, but not the obligation, to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Content and your trademarks, service marks, slogans, logos, name and likeness, rights of publicity and other proprietary rights (collectively, the "Rights") in connection with (a) the Services, (b) Funeral Fund’s (and its successors' and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third-party websites) now or hereafter existing; (ii) take whatever other action is required to perform and market the Services; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Content and Rights in connection with the Services; and (iv) use and publish, and permit others to use and publish, the User Content, Rights, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Services. You are publishing your User Content, and you may be identified publicly by your name or User ID in association with your User Content. You grant to each User a non-exclusive license to access your User Content through the Services, and to use, edit, modify, reproduce distribute, prepare derivative works of, display and perform such User Content solely for personal, non-commercial use.
Funeral Fund shall have the right to remove, delete, edit, modify, reformat, excerpt, or translate any of your User Content at any time. All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.
Funeral Fund will not be liable for any errors or omissions in any User Content. Funeral Fund cannot guarantee the identity of any other Users with whom you may interact while using the Services. All content you access through the Services is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
Title and Copyright in the Site. It is hereby understood and agreed that, as between you and Funeral Fund, we own of all rights, title and interest, including, without limitation, all copyrights, in and to Funeral Fund and the Site (excluding User Content Submitted by you), regardless of the media or form in which Funeral Fund or copies thereof may exist. Except as expressly provided herein, you do not acquire any rights, title or interest to Funeral Fund or the Site.
License to You. The Site and Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Site and Services and their component parts are licensed, not sold or given, to you by us and we hereby grant and you accept a limited, revocable, non-exclusive, non-transferable license to use the Site and Services, solely in object code format as to any software, solely for your personal, noncommercial use and on the express condition that you accept each provision of this Agreement. You agree that: (i) you will not copy, distribute, or make derivative works of the Site or Services in any medium without our prior written consent; (ii) you will not alter or modify any part of Funeral Fund other than as may be reasonably necessary to use Funeral Fund for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Agreement and in accordance with all applicable local, state, and federal laws.
We reserve the right at any time and for any reason to modify or discontinue any aspect or feature of the Site or Services, including, but not limited to, appearance or functionality. We hereby reserve all rights not expressly granted to you in this Agreement.
COPYRIGHT INFRINGEMENT TAKE DOWN PROCEDURE
Pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA”), we have established policies for dealing with alleged and actual copyright infringement. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please send the following information to our Copyright Agent identified below (see 17 U.S.C. § 512(c)(3) for further detail):
(i) A description of the copyrighted work that you claim has been infringed;
(ii) A description of where the allegedly infringed material is located on the Site;
(iii) A written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(iv) Your address, telephone number, and email address so that we can contact you;
(v) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
(vi) A statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. A statement by you comprised of the foregoing points is referred to herein as the “Notice.”
Our designated Copyright Agent to receive Notice of claimed infringement is:
Steven K. Lee, Esq.
1999 Harrison, 25th Floor
Oakland, CA 94612
You acknowledge that if you fail to comply with all of the requirements, your Notice may not be valid. We will remove any infringing material, subject to the counter-notice and put-back procedures outlined in the DMCA. Notwithstanding our instructions above, you are solely responsible for ensuring that any Notice you provide to us or our Copyright Agent complies with the provisions of the DMCA.
NOTE: If you submit a removal request and you are NOT the copyright owner, or if you make any false statement in your demand (including a statement that our use of images is infringing when the use is clearly fair), you should be aware that the law imposes substantial liability for any damages and any attorney’s fees incurred as a result; 17 U.S.C. §512(f).
Without limiting the foregoing, in accordance with the DMCA, Funeralfund.com has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. Funeralfund.com also may terminate User accounts even based on a single infringement.
DISCLAIMER OF WARRANTY
The Site and Services, including all materials, information, User Content and other content included thereon, are furnished “as is” and with all faults. We, and our technical support/maintenance providers, contractors, distributors, advertisers, and sublicensees, make, and you receive, no warranties, express, implied, or statutory, in connection with any communication with you. To the maximum extent permitted by applicable law, we, and our technical support/ maintenance providers, distributors, advertisers, and sublicensees disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, or any warranty that operation of the site or services will be uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the site or services will be corrected. You expressly assume all risk resulting from support/maintenance services (whether performed in whole, in part, or not at all), or from any virus, downloaded material, harmful component, or through any use of the services or any site or server through which the services are available. You shall be solely responsible for the accuracy and transmission of all data entered, and for any damage that results from or is in connection with use of the site or services.
Limitation of Liability
The limitation of liability is to the maximum extent permitted by applicable law. As used in this Section, “we,” “our,” or “us” expressly includes Funeral Fund, Inc. and/or our commissioners, officers, directors, managers, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, technical support/maintenance providers, distributors, advertisers, licensors, sublicensees, and assigns, or any person or entity involved in creating, producing, or distributing Funeral Fund.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES, LOSSES, OR CLAIMS, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, AND INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF BUSINESS INFORMATION OR OTHER DATA, COST OF COVER, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR SERVICES.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES, LOSSES, OR CLAIMS, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, AND INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OF OR PARTICIPATION IN THE SITE OR SERVICES, THE VIEWING, DISTRIBUTING, OR COPYING OF ANY CONTENT, OR THE USE OF OR RELIANCE UPON THE ACCURACY ANY SUCH CONTENT, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF THE ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING, BUT NOT LIMITED TO, UNAUTHORIZED USERS, OR “HACKERS”) OF THE SITE OR SERVICES. FUNERAL FUND’S TOTAL LIABILITY TO YOU ARISING FROM OR RELATING TO THE SITE OR SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO FUNERAL FUND BY YOU.
In consideration of being permitted to use the Site and Services, you agree to forever defend, indemnify, and hold harmless Funeral Fund, and our officers, directors, managers, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, technical support/maintenance providers, distributors, advertisers, licensors, sublicensees, and assigns, from and against any and all claims or demands, losses, expenses, costs, liabilities, injuries, and damages, including reasonable attorneys’ fees, expert witness fees, and court costs, arising from or relating to any User Content you Submit or your use of the Site or Services, including but not limited to any breach of a representation, warranty or covenant made by you under this Agreement.
LINKS TO OTHER WEBSITES
The Site, Services and materials posted on Funeral Fund may contain links to other Internet sites, which are not owned, operated, controlled, or reviewed by us. These links are provided solely as a courtesy and convenience to you. We exercise no control over the content, accuracy, copyright, trademark, compliance, or legality of the material contained on those sites and do not sponsor, endorse, or evaluate the content, proceeds, products or services contained on such sites. We specifically disclaim any and all liability from damages, which may result from accessing any third-party site linked to the Site or Services, or from reliance on any information or content contained in such third-party site.
This Agreement shall be exclusively interpreted, construed and enforced in all respects in accordance with the laws of the State of California (U.S.A.) without reference to any conflict or choice of law rules. You agree that any dispute arising out of or relating to this Agreement shall be subject to the exclusive venue of either a state court in Alameda County, California (U.S.A.) or in the United States District Court for the Northern District of California in San Francisco, California (U.S.A.), and that you submit to the exclusive jurisdiction of these federal and state courts in the State of California for any dispute in connection with Funeral Fund, the Site, Services or this Agreement.
This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and merges and supersedes all prior agreements, writings, commitments, discussions and understandings between them. Except as provided in above with respect to Funeral Fund’s rights to amend this Agreement, no modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless in writing signed by each party hereto. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. Our failure to act with respect to a breach or breaches by you or any third party does not waive our right to act with respect to a subsequent or similar breach or breaches. This Agreement shall be construed within its fair meaning and no inference shall be drawn against the drafting party in interpreting this Agreement.
© 2014 Funeral Fund, Inc.