Snapshot 61072
Normalized text
Scripts and page chrome removed; this is what change detection compares.
We value your privacy
We use cookies to enhance your browsing experience, serve personalized content, and analyze our traffic. By clicking "Accept All", you consent to our use of cookies. Cookie Policy
Tiltify Terms of Service
Last Updated: November 13, 2024
Welcome to the Tiltify, Inc. (referred to as, "Tiltify" "we" "us" or "our") website located at https://tiltify.com(the "Site"). Please read these Terms of Service ("Terms") and our Privacy Policy carefully because they govern your use of our Site and our fundraising platform accessible via our Site. To make these Terms easier to read, the Site and our platform are collectively called the "Platform."
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND TILTIFY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE "DISPUTE RESOLUTION" SECTION BELOW FOR DETAILS REGARDING ARBITRATION.
Tiltify & Our Role
Our Platform's main role is to allow users (each a "User") to (i) set up a campaign ("Campaign") to benefit a particular cause or charity ("Cause") or to benefit a particular personal fundraiser; and (ii) support a Cause or personal fundraiser, for example by donating money to a Cause or personal fundraiser Campaign. For purposes of these Terms:
"Campaign Marks" means the trademarks, logos, marks, and other proprietary information that a Campaign Sponsor submits to the Platform, if any, to be used in connection with such Campaign Sponsor's Campaigns.
"Campaign Owner" means an individual, entity, or other non-charitable organization designated by the Campaign Sponsor, as intended to claim the Contributions from a personal fundraiser Campaign.
"Cause Owner" means the charities or other organizations that are listed under the list of Causes page (https://tiltify.com/explore?section=causes) or which can be found in the PayPal Giving Fund directory.
"Cause Page" means the page on the Platform that is created when a Cause is registered on the Platform.
"Campaign Sponsor" means an individual, organization, or entity that creates a Campaign for the benefit of either (a) a Cause, or (b) a non-charity, Campaign Owner who may or may not be the same person as the Campaign Sponsor.
"Contribution" means the money a Supporter gives to a Cause, Campaign Owner, or Campaign Sponsor through a Campaign.
"Supporter" means an individual who donates to a Cause, Campaign Owner, or Campaign Sponsor through a Campaign.
These terms cover end-users who (i) generally interact with the Platform and (ii) Supporters, Campaign Sponsors, and Campaign Owners. If you also desire to be a Cause Owner, you may use the service pursuant to a separate agreement available at (https://tiltify.com/pages/cause-terms-of-service) which governs your use of the Platform as a Cause Owner.
Our Platform helps individuals, entities or organizations raise awareness and money for Cause Owners, Campaign Owners, or Campaign Sponsors through Contributions, but we do not pick or endorse any such individuals, entities or organizations or any Campaign, Cause Owner, Campaign Owner, or Campaign Sponsor. We merely provide a platform to allow Cause Owners, Campaign Owners, Campaign Sponsors, and Supporters to connect with each other. The Platform is not a solicitation of donations by Tiltify and Tiltify does not engage in any solicitation activities on behalf of any individuals, entities or organizations or any Campaigns, Cause Owners, Campaign Owners, or Campaign Sponsors.
Agreement to Terms
By using our Platform, you agree to be bound by these Terms. If you don't agree to these Terms, do not use the Platform. If you are accessing and using the Platform on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, "you" and "your" will refer to that company or other legal entity. Certain aspects of our Platform may also require you to register with, and agree to the terms of, third-party service providers (e.g., Payment Processors), with whom we have entered into contracts, in order to be able to benefit from their services.
Privacy Policy
Please refer to our Privacy Policy (https://tiltify.com/pages/privacy-policy) for information on how we collect, use and disclose information from our users.
Changes to Terms or Platform
We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Platform after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the Platform anymore. Because our Platform is evolving over time we may change or discontinue all or any part of the Platform, at any time and without notice, at our sole discretion.
Who May Use the Platform
Eligibility
You may use the Platform only if you are 18 years or older and capable of forming a binding legal contract with us (or between the ages of 13 and 17 and using the Platform with parental or legal guardian consent and supervision) and are not barred from using the Platform under applicable law.
Notwithstanding anything to the contrary in these Terms, Tiltify reserves the right, in its absolute discretion, to (a) require you to disclose clearly and conspicuously to potential donors, if applicable, that contributions to you, your entity, or your organization are not tax-deductible; and (b) exclude any individual, entity, or organization it deems inappropriate for any reason to use the Platform.
Registration and Your Information
If you want to use certain features of the Platform, you'll have to create an account ("Account"). You can do this via the Site or through your account with certain third-party services such as Facebook, Twitch, and Google+ (each, a "Third-party Account"). If you choose the Third-party Account option, we'll create your Account by extracting from your Third-party Account certain personal information such as your name and email address and other personal information that your privacy settings on the Third-party Account permit us to access.
It's important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don't, we might have to suspend or terminate your Account. You agree that you won't provide access to your Account to anyone else and you'll notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.
You automatically receive access to Tiltify's Standard Services when you register for an Account and agree to these Terms ("Standard Account"). A Standard Account gives you access to use the Tiltify features that are available to a Standard Account holder.
Contributions, Tiltify Fees & Payment
Setting up an Account and setting up a Campaign as a Campaign Sponsor is free.
For the processing of Contribution payments, our third-party payment processing services providers (e.g. Paypal or Stripe) may take a processing fee, the amount of which will be communicated to the Cause Owner, Campaign Owner or Campaign Sponsor in advance of remittance of the Contributions ("Payment Processing Fee").
For our Platform usage and technology services, Cause Owners, Campaign Owners, and Campaign Sponsors pay us a service fee based upon their platform use and technical requests ("Contribution Fee"). For Contributions to Cause Owners, the Contribution Fee is on average 5% of the total amount of Contributions made to the Cause Owner. For Contributions to Campaign Owners or Campaign Sponsors(i.e. Tiltify Personal Fundraising), the Contribution Fee is 5% of Contributions made to the Campaign Owner or Campaign Sponsor.
For charitable Contributions made to a Cause Owner, except as otherwise provided below regarding Campaigns with funds donated to PayPal Giving Fund ("PPGF" and "PPGF Campaigns") to support a Cause Owner, when you make a Contribution, your Contribution (minus the applicable Contribution Fee as disclosed on the page where you donate) is passed through our third-party payment processing services providers to the Cause Owner, and then those third-party payment processing services providers may deduct the Payment Processing Fee based on the rate agreed to by the Cause Owner with regard to their account with the third-party payment processing services provider.
For Contributions made to a Campaign Owner or Campaign Sponsor seeking to raise money for a non-charity Campaign Owner, Tiltify handles the transaction (including deduction of the Payment Processing Fee and Contribution Fee) and subsequent remittance of Contributions to the Campaign Owner or Campaign Sponsor. No such contributions are tax deductible.
As noted above, the applicable Payment Processing Fee and Contribution Fee are deducted from the Contributions prior to remittance of the Contribution Funds to the Cause Owner, Campaign Owner, or Campaign Sponsor. You as a Supporter will not see these fees as a surcharge to your Contribution.
If you make a Contribution, our third-party payment processing service will charge the payment method you designate via the Service (e.g., bank transfer or credit card). The third-party processor will then transfer the Contribution to the Cause Owner, Campaign Owner, or Campaign Sponsor. As noted above, the applicable Payment Processing Fee will be deducted from the Contribution by the third-party payment processor. We are not responsible for the performance of any third-party payment processing services.
Unless otherwise specified in connection with a particular Cause Page or Campaign page, (a) all Contributions are made as unrestricted gifts and may not be specified for any particular purpose, and (b) Tiltify makes no representation as to whether all or any portion of your Contributions are tax deductible; provided that in the case of Contributions to support a Cause Owner, disclosure as to the tax-deductibility of will be made on the applicable Campaign page. Tiltify will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any Contribution by you or any Tiltify user, or any Cause Owner, Campaign Owner, or Campaign Sponsor. You should consult your tax advisor as to the amount (if any) of your Contribution that is tax deductible, particularly if you receive a return benefit in connection with your Contribution. You are responsible for all taxes associated with your use of the Platform.
Neither Contributions, nor our fees and charges, are refundable. If any Contribution or other paid amount is not accepted or honored, a returned payment fee may be charged to the Cause Owner, Campaign Owner, or Campaign Sponsor to which you attempted to donate to cover our administrative costs.
All donations are at your own risk. Please make sure that when you make a Contribution you understand the Campaign you donate to, who the Cause Owner, Campaign Owner, or Campaign Sponsor is, and how your Contribution will be used. When making a Contribution, only donate to those Campaigns you feel comfortable donating to or otherwise know and trust. Tiltify does not control what any Cause Owner, Campaign Owner, or Campaign Sponsor does with Contributions, and Tiltify does not and cannot warrant or represent the actual purpose to which any Contribution will be used by the recipient Cause Owner, Campaign Owner, or Campaign Sponsor; provided that Tiltify will verify the "good standing" of Cause Owners on the Site as required by California Gov. Code § 12599.9(d)(2). 501(c)(4) Campaigns. In some cases, a Cause Owner may be an organization exempt from tax under Section 501(c)(4) of the Internal Revenue Code. Such organizations typically are involved in public education and advocacy on issues of public interest, but are not deemed "charitable." (NOTE: Other 501(c)(4) organizations may engage in efforts to influence the election of non-election of candidates seeking public office; such organizations are not authorized to use the Platform to seek Contributions from Supporters.) Contributions to 501(c)(4) organizations are not tax-deductible.
Charity
Except in the case of 501(c)(4) Campaigns as described above, all Cause Pages and certain (but not all) Campaigns for Causes benefit bona fide charitable organizations with tax-exempt status in the United States under section 501(c)(3) of the Internal Revenue Code or comparable status under other applicable law based on where your organization and your Supporters are located. We do not select these organizations, though we and/or the third-party payment processors and PPGF (for PPGF Campaigns as described above)will verify the "good standing" of Cause Owners on the Site as required by California Gov. Code § 12599.9(d)(2). Some Cause Owners may provide logos and other information that they authorize for use in Campaigns. Any such materials may be used only in the form provided and only for use in a Campaign for that Cause Page. In addition, any Cause Owner may withdraw permission to use its name or logo, or to conduct a Campaign on its behalf, at any time in its absolute discretion, and we will honor any such requests even if it means terminating any affected Campaign. If you are a Campaign Sponsor, you are independently responsible for complying with all applicable laws in all of your actions related to your use of the Platform, regardless of the purpose of the use, including any laws relating to raising funds for charity. If any state regulatory agency overseeing charitable solicitation activity has concerns, we may direct these concerns to the Campaign Sponsor in our discretion. We will of course cooperate in any investigation by any regulatory agency with concerns that a law is being violated by our users. Notwithstanding the foregoing, we will comply with the requirements of California Government Code Section 12599.9.
Rewards
Cause Owners, Campaign Owners, or Campaign Sponsors may choose to offer return benefits ("rewards") in connection with their Cause Pages or Campaigns. Cause Owners, Campaign Owners, and Campaign Sponsors are solely responsible for the rewards they offer, the information you provide them for such rewards, and for any terms and conditions relating thereto or compliance with applicable requirements in this regard.
Feedback
We welcome feedback, comments and suggestions for improvements to the Platform ("Feedback"). You can submit Feedback via our You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content and Content Rights
For purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Platform; and (ii) "User Content" means any Content that users (including you) provide to be made available through the Platform, including any Cause Page or Campaign. Content includes without limitation User Content.
Content Ownership, Responsibility and Removal
Tiltify does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Tiltify and its licensors exclusively own all right, title and interest in and to the Platform and Content, including all associated intellectual property rights. You acknowledge that the Platform and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform or Content.
Rights in User Content Granted by You
By making any User Content available through Platform you hereby grant to Tiltify a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Platform and Content to you and to other Account holders.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Platform, nor any use of your User Content by Tiltify on or through the Platform will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove certain of your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Platform. Without limiting the foregoing, if you establish a Campaign, you acknowledge and agree that you cannot delete your Campaign page after that date, but you may set an end date for your Campaign so that new Contributions cannot be accepted via your Campaign after that end date. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content or Campaigns you create.
Additional Responsibilities for Campaign Owners and Campaign Sponsors
Fees and Payment for Receiving Contributions
We reserve the right to change the fees at any time by posting the updated fees to the Platform. Updated fees are applied to Campaigns launched after the updated fees are posted to the Platform. You expressly authorize us (or our third-party payment processor) to charge you for all amounts due under this these Cause Terms (each, a "Transaction"). We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, "Payment Information"). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. You authorize us to provide your Payment Information to third parties so we can complete your Transactions and to charge your payment method for all Transactions (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). You agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars. SUBJECT TO APPLICABLE LAW, NONE OF OUR FEES ARE REFUNDABLE UNDER THESE TERMS.
The third-party payment processing service will use the payment method a Supporter designates via the Platform (e.g., PayPal or credit card). The third-party processor will then transfer the Contribution (net of applicable fees if deducted by the third-party processor) to you. We are not responsible for the performance of any third-party payment processors, their payment platforms, or the fees charged by such third party processors. If any Contribution or other paid amount is not accepted or honored, a returned payment fee may be charged to you to cover our administrative costs.
All amounts and fees stated or referred to in these Terms are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including without limitation, VAT) (collectively "Taxes"). You are responsible for the payment of all Taxes and any related interest and/or penalties resulting from any payments made under these Terms other than any taxes based on Tiltify's net income.
CASH AND CRYPTO CONTRIBUTION DISCLAIMER.
WE NEVER HANDLE ANY PART OF THE CONTRIBUTION. YOUR ABILITY TO RECEIVE CASH OR ANY SUPPORTED CRYPTOCURRENCY IS POWERED BY THIRD PARTY SERVICES. YOU ARE SOLELY RESPONSIBLE FOR PROVIDING ACCURATE INFORMATION TO SUCH THIRD PARTY SERVICE PROVIDERS. WE HAVE NO RESPONSIBILITY FOR VERIFYING, CONFIRMING, OR OTHERWISE MONITORING THE INFORMATION YOU PROVIDE TO SUCH THIRD PARTY SERVICE PROVIDERS INCLUDING WITHOUT LIMITATION CONFIRMING YOUR CRYPTOCURRENCY WALLET ADDRESS. BY ACCESSING AND USING ANY SERVICES THAT WE MAKE AVAILABLE RELATED TO CRYPTOGRAPHIC OR BLOCKHAIN-BASED SYSTEMS, YOU REPRESENT THAT YOU UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH USING CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS, AND THAT YOU HAVE A WORKING KNOWLEDGE OF THE USAGE AND INTRICACIES OF DIGITAL ASSETS SUCH AS BITCOIN (BTC), ETHER (ETH), AND OTHER DIGITAL TOKENS (SUCH AS THOSE FOLLOWING THE ETHEREUM TOKEN STANDARD (ERC-20)). YOU FURTHER ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY OF VARIABLES OR RISKS, DO NOT OWN OR CONTROL YOUR ABILITY TO RECEIVE SUPPORTED CRYPTOCURRENCY, AND CANNOT BE HELD LIABLE FOR ANY RESULTING LOSSES THAT YOU EXPERIENCE WHILE ACCESSING OR USING ANY AVAILABLE SERVICES TO RECEIVE A CRYPTOCURRENCY CONTRIBUTION. ACCORDINGLY, YOU UNDERSTAND AND AGREE TO ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING ANY OF OUR SERVICES TO RECEIVE A CRYPTOCURRENCY CONTRIBUTION.
Transparency Regarding Your Campaign
It is your responsibility to be as transparent as possible regarding your Campaign and what happens with Contributions you receive. Supporters, Campaign Sponsors, and other users of the Platform should be able, by reading your Campaign page, to understand the nature of your Campaign, the identity of you, your entity, or your organization, how their Contribution will be used, and whether a Contribution is eligible for tax-deductibility; provided that we will comply with Cal. Gov. Code § 12599.9 to make any disclosures required from us. Tiltify does not control what you do with Contributions, and Tiltify does not and cannot warrant or represent the actual purpose to which any Contribution will be used by you. You are solely responsible for ensuring that Contributions you receive are ethically and legally allocated to support the Campaign posted and the expectations of Supporters. You agree to comply with all applicable laws related to your use of the Platform and all Contributions made to you, regardless of the purpose of the use, as well as all requirements, procedures and guidelines Tiltify may institute from time to time in its discretion.
Keep Your Promises and Comply with the Law
You agree to meet all commitments you make in or relating to any Campaign you create (including distribution of Contributions and any rewards offered by you). You must respond promptly and truthfully to all questions posed to you by Tiltify and other users of the Platform. If you are unable to fulfill any of your commitments, you will work with Supporters and Campaign Sponsors who have supported your Campaign to reach a mutually satisfactory resolution, which may include refunding monies paid by Supporters. Tiltify may attempt to verify your identity and other information you provide to us, and we may delay, withhold, reverse or refund any amounts paid without notice or liability during this verification process or in the event we are unable to verify any information to our satisfaction. We will of course cooperate in any investigation by any regulatory agency with concerns that a law is being violated by you or our other users.
Campaign Mark Usage
You hereby grant to Tiltify a non-exclusive, sublicensable, worldwide, royalty-free license to use your Campaign Marks in connection with Campaigns established by you or other Campaign Sponsors, in each case for those Campaigns that support you.
You may request to withdraw permission for the use of your name and/or Campaign Marks from a Campaign. Please note that in honoring such a request, we may, at our discretion, terminate any affected Campaign(s).
Rewards for Your Campaign
You may choose to offer rewards in connection with your Campaign. You are solely responsible for these rewards and for any of these Terms or other conditions relating thereto or compliance with applicable requirements in this regard, legal or otherwise.
Use of Supporter Information
Contributions you receive will appear on your dashboard page along with certain information about the applicable Supporter such as their email address, mailing address, and whether they wish to be contacted ("Supporter Information"). You will not use, share, or otherwise disclose any Supporter Information except (i) to send Supporters rewards for their Contributions; (ii) to send promotional emails about your Campaign to Supporters that have consented to such communications; and (iii) for internal auditing and tax reporting required by law. Any other use or sharing of Supporter Information must be approved in writing by Tiltify. You will not use Supporter Information for any purpose if Supporters have requested or otherwise communicated that they no longer to receive your communications.
Responsibility for Third-Party Resources, Services, and Websites.
The Platform may allow you to access third-party resources or websites, and we may authorize you to use certain third-party services in conjunction with Campaigns presented via the Platform. Tiltify is not responsible for the content, products, or services on or available from those resources, services, or websites or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from use of any third-party resources, services, or websites. You are responsible for complying with agreements that govern your use of third-party resources, services, or websites. To the extent that you provide access to such third-party resources, services, or websites through your Campaign, you are responsible for other Tiltify users' interaction with such third party resources, services, or websites.
General Prohibitions and Tiltify's Enforcement Rights
You agree not to create a Campaign or offer any rewards to raise funds for illegal activities, to cause harm to people or property, or to scam other users. You must comply with all applicable laws and regulations relating to any Campaigns and your Contributions, as applicable.
Without limiting the foregoing, you agree not to do any of the following:
Post, upload, publish, submit or transmit any Content or use the Platform in any way that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the Platform or any individual element within the Platform, Tiltify's name, any Tiltify trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Tiltify's express written consent;
Access, tamper with, or use non-public areas of the Platform, Tiltify's computer systems, or the technical delivery systems of Tiltify's providers;
Attempt to probe, scan or test the vulnerability of any Tiltify system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Tiltify or any of Tiltify's providers or any other third party (including another user or Cause Owner) to protect the Platform or Content;
Attempt to access or search the Platform or Content or download Content from the Platform through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Tiltify or other generally available third-party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a Tiltify trademark, logo URL or product name without Tiltify's express written consent;
Use the Platform or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform or Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform or Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Platform;
Collect or store any personally identifiable information from the Platform from other users of the Platform without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Raise funds for a minor without the express permission of the minor's guardian unless the funds are transferred into a trust, UTMA or UGMA account for the sole benefit of the minor;
Use the Platform on behalf of a third party or post any personal data or other information about a third party, without the express consent of that third party;
Use the Platform for the benefit of an individual, entity, or organization embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC) nor as applicable in your country;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
We reserve the right to monitor access to or use of the Platform or Content or to review or edit any Content for the purpose of operating the Platform, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We also reserve the right to remove or disable access to any Content (including any Cause Page, Campaign, or posting), at any time and without notice, including but not limited to if we, at our sole discretion, consider any such Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Platform. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
DMCA/Copyright Policy
Tiltify respects copyright law and expects its users to do the same. It is Tiltify’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright and IP Policy at (https://tiltify.com/pages/copyright-policy), for further information.
Links to Third Party Websites or Resources
The Platform may allow you to access third-party websites, services, or resources. We provide such access only as a convenience and are not responsible for the content, products or services on or available from those websites, services, or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites, services, or resources.
Termination
We may suspend or terminate your access to and use of the Platform, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by clicking on the "Delete Account" button in your Account, except when you have an active Campaign; once that Campaign is ended you will then be able to delete your Account. Upon any termination, discontinuation or cancellation of Platform or your Account, all provisions of these Terms which by their nature should survive will survive, including the provisions entitled "Agreement to Terms," "Feedback," "Content and Content Rights", "General Prohibitions and Tiltify's Enforcement Rights", "Links to Third Party Websites or Resources", "Termination", "Warranty Disclaimers", "Indemnity," "Limitation of Liability", "Dispute Resolution" and "General Terms."
Warranty Disclaimers
THE SERVICES WE PROVIDE, PLATFORM AND CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATIONS AND WARRANTIES RELATING TO CAUSE PAGES OR CAMPAIGNS AND DISCLAIM ANY AND ALL LIABILITY RELATING THERETO. We make no warranty that the Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
If you are a Campaign Sponsor, you shall meet all commitments you make in or relating to your Campaign (including any rewards offered by you). You accept that you do not own or control any Campaign, including a Campaign you start yourself, and you do not have any approval or removal rights with respect thereto. You must respond promptly and truthfully to all questions posed to you by Tiltify and users of the Platform. If you are unable to fulfill any of your commitments, you will work with the Cause Owner or Campaign Owner, and the Supporters who have supported your Campaign to reach a mutually satisfactory resolution, which may include refunding monies paid by Supporters. You are responsible for collecting and remitting any taxes on amounts received by you. Tiltify may attempt to verify your identity and other information you provided to us, and we may delay, withhold, reverse or refund any amounts paid without notice or liability in the event we are unable to verify any information to our satisfaction.
If you are a Campaign Sponsor or Supporter, you are solely responsible for asking questions and investigating the Campaign, Cause, Campaign Owner, or Campaign Sponsor to the extent you feel is necessary before making any Contribution. Regardless of whether you are a Campaign Sponsor or Supporter, you are solely responsible for the actions you take to establish, donate to, or otherwise support a Campaign, Cause, Campaign Owner, or Campaign Sponsor. Tiltify cannot and does not guarantee that monies raised will be used as promised, or that the Cause or Campaign will achieve its goals. Tiltify does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Cause, Campaign, or Contribution, or the truth or accuracy of the User Content made available on the Service. If you are a Supporter, you are solely responsible for determining how to treat the Contributions made by you, including for tax purposes. Notwithstanding the foregoing, we will verify "good standing� of Cause Owners and make disclosures as to deductibility and other matters as required by Cal. Gov. Code § 12599.9.
Indemnity
You will indemnify and hold harmless Tiltify and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including without limitation reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Platform or Content, (ii) any Campaign created by you, (iii) your User Content, or (iv) your violation of these Terms.
Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED FOR IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TILTIFY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, PLATFORM OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, PLATFORM OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TILTIFY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TILTIFY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, PLATFORM OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO TILTIFY FOR USE OF THE SERVICES, PLATFORM OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO TILTIFY, AS APPLICABLE.
Dispute Resolution
Governing Law and Forum Choice
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction for all Disputes (defined below) that you and Tiltify are not required to arbitrate will be the state and federal courts located in the County of Los Angeles, California, and you and Tiltify each waive any objection to jurisdiction and venue in such courts.
Agreement to Arbitrate
You and Tiltify agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the services we provide, Platform or Content (collectively, "Disputes") will be resolvedsolely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Tiltify agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Tiltify are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
Exceptions to Arbitration
As limited exceptions to the preceding subsection ("Agreement to Arbitrate") above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Conducting Arbitration and Arbitration Rules
The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Arbitration Costs
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won't seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we'll pay all of our attorneys' fees and costs and won't seek to recover them from you. If you prevail in arbitration, you will be entitled to an award of attorneys' fees and expenses to the extent provided under applicable law.
Injunctive and Declaratory Relief
Except as provided in the subsection ("Exceptions to Arbitration") above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Class Action Waiver
YOU AND TILTIFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.Further, if the parties' Dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
Severability
With the exception of any of the provisions in the subsection ("Class Action Waiver") above, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
General Terms
These Terms constitute the entire and exclusive understanding and agreement between Tiltify and you regarding the Platform, Content, Causes, Cause Pages, and Campaigns and these Terms supersede and replace any and all prior oral or written understandings or agreements between Tiltify and you regarding the Platform, Content, Causes, Cause Pages, and Campaigns. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Tiltify's prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Tiltify may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Tiltify under these Terms, including those regarding modifications to these Terms, will be given: (i) via email to the email address you provide us via the Platform; or (ii) by posting to the Platform. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Tiltify's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tiltify. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information
If you have any questions about these Terms or the Platform, please contact Tiltify at contact@tiltify.com by email or by mail at 365 E. Avenida De Los Arboles Suite #6, Thousand Oaks, CA 91360.
© 2026 All Rights Reserved. Tiltify Inc.