1. Our Policies
Our Privacy Policy (the "Privacy Policy") and our Fundraising & Fee Policy (the "Fundraising Policy") are hereby incorporated into these Terms and Conditions and made a part hereof. The latest copies of each are found on the Site and in the Mobile Application. To the extent of any conflict among the body of these Terms and Conditions, the Privacy Policy and the Fundraising Policy, they shall govern and control in the following order: (a) the Privacy Policy, (b) the Fundraising Policy, and (c) the body of these Terms and Conditions.
2. Use of Content
The text, images, data, illustrations, files, audio and video clips, designs, documents, and other materials and content (collectively, the "Content") on the Site and the Mobile Application are the property of Raise Cravings and its affiliates and licensors, and may be protected by copyright and other proprietary rights. You may not copy, modify, distribute or otherwise use any of the Content, except for your personal, non-commercial use. Please note that we may withdraw any Content from the Site or Mobile Application at any time in our sole discretion. By downloading, printing, or otherwise using any of the Content, you agree that you will (a) restrict your use of such Content to personal and non-commercial use, (b) comply with these Terms and Conditions, and (c) not violate the rights of Raise Cravings or any other person or entity. Unauthorized commercial publication or exploitation of Content is prohibited without our express written consent. If you wish to use any of the Content in any way other than as authorized by these Terms and Conditions, you must first obtain our written permission. We may, in our sole discretion, grant permission for such use on a case-by-case basis and we may charge a fee for such use.
3. User Accounts
In order to access certain portions of the Services or areas of the Site and/or Mobile Application, you may be required to create a user account (a "User Account"). At this time, only residents of the United States may (a) create User Accounts or (b) otherwise use the Site and/or Mobile Application (except to learn more about Raise Cravings). You may never use another party's User Account without such party's express written authorization. You represent, warrant, and agree that all information which you provide through any portion of the Site and/or Mobile Application in connection with creating your User Account, fundraising or otherwise is and will reflect your true identity, be current, accurate, legally compliant and complete. To reduce the risk of fraud, we do not authorize connections to our Platform via our Mobile Application that originate from non-wireless devices, such as laptop computers using landlines or Voice over Internet Protocol (VoIP) connections. You are solely responsible for all use connected with your User Account. You are solely responsible for maintaining the security of your User Account login credentials (username, Multi Factor Authorization (MFA) access authentication codes, etc.). You agree to notify us immediately of any security breach or unauthorized use of your User Account. We will not be liable for any costs, losses, claims or damages that you or any third party incur which are directly or indirectly caused by any unauthorized use of, or based on fraudulent or inaccurate information related to your User Account, except where such unauthorized use is the direct result of our gross negligence or willful misconduct.
You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Raise Cravings or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for how we treat your data.
4. Trademarks
Names, titles, trademarks, service marks, and logos (collectively, the "Trademarks") displayed on the Site and/or Mobile Application are our registered and/or unregistered common law trademarks or those of our affiliates and licensors. Nothing contained on the Site and/or Mobile Application should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site and/or Mobile Application without our express written permission or that of the third party that owns the Trademark. Any unauthorized use of the Trademarks is prohibited.
5. Copyright Policy
Raise Cravings respects the intellectual property rights of others. If you believe Raise Cravings is hosting or making available User Content (as defined below) that infringes on your intellectual property rights, you may request its takedown by reporting the violation to our designated intellectual property agent by sending written notice to:
RAISE CRAVINGS LEGAL
1673 Lexington ave NY, NY 10029
Email: Suppport@BakedCravings.com
The following information must be included in any written notice regarding Intellectual Property Infringement:
The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the protected work(s) you believe has been infringed;
Identification of the material you believe infringes the protected work(s) sufficient for Raise Cravings to identify and locate it;
The copyright holder's or its agent's contact information;
A statement that the complainant believes in good faith that the user of the allegedly infringing material is not authorized by the copyright owner, its agent or the law; and
A statement that the above information is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
6. Minors
The Site, the Mobile Application and the Services are only available only to, and may only be used by, individuals who are 18 years and older, except as provided herein. Individuals under the age of 18 can use them only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all use. Users of the Site, the Mobile Application and the Services who are California residents and are under 18 years of age may request and obtain removal of any User Content (as defined below) which they authored by emailing us at support@bakedcravings.com. Please see also the section of the Site and the Mobile Application entitled "Do not sell my personal information" for more on California privacy rights.
7. FTC Disclosure Policy
The Federal Trade Commission (FTC) requires Raise Cravings to disclose any relationship we may have with any person or entity that provides something of value in connection with any endorsements made by Raise Cravings. The views and opinions expressed on the Site, the Mobile Application and the Services are purely our views and opinions or those of the users of Raise Cravings who maintain User Accounts. If we claim or appear to be an expert on a certain topic or product or service area, we will only endorse such products or services that we believe, based on our expertise, are worthy of such endorsement, and we shall not be compensated for such endorsement except as disclosed in writing.
8. Fraud Protection
As part of our account registration and order processing procedures, we may screen Site and/or Mobile Application activity for fraud or other types of unauthorized or illegal activity. We also deploy technologies and the services of third-party providers to help us detect fraud. We reserve the right to terminate your account, refuse to provide services, or refuse to process certain transactions based on our sole assessment of increased risk of suspected fraud or unauthorized or illegal activity, including risks associated with your use of unauthorized modes of access to our platform. If we suspect fraudulent, unauthorized or illegal activity, we may contact you at the phone number or email address you provided. We also reserve the right to contact the appropriate law enforcement agencies to report suspected fraud or unauthorized or illegal activity conducted on your account.
9. Links to Third-Party Websites and Email Addresses
The Site, the Mobile Application and the Services may contain links to third-party websites. The linked sites are not under Raise Cravings' control and we are not responsible for the contents of any linked website. These links are provided as a convenience only and shall not be construed as our endorsement of, sponsorship of, or affiliation with a linked website. The Site, the Mobile Application and the Services may also contain links to the email addresses of various employees or other service providers for purposes of feedback and communication regarding Raise Cravings and our products and services. By clicking on a link to an employee's or other service provider's email address, you may leave Raise Cravings and enter into an area, such as one controlled by your email service provider, which these Terms and Conditions do not govern. We assume no responsibility or liability with respect to your entering such area.
10. Links to the Site and/or Mobile Application
If you arrive at the Site and/or the Mobile Application from a third-party link, please note that such link to or solicitation for the Site and/or the Mobile Application does not imply a relationship with, or endorsement of, the third-party website, application, etc. or its content, purpose, policies, or practices.
YOU ACKNOWLEDGE THE TEXT COMMUNICATIONS FREQUENCY RATES MAY VARY. YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING MESSAGING AND DATA CHARGES. IF YOU'RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING MOBILE SERVICES.
11. Non-Malicious Use
You agree not to use or launch any automated system, including without limitation, "bots", "spiders" or "offline readers", that accesses the Site and/or the Mobile Application in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including names or other information related to User Accounts, from the Site and/or Mobile Application, nor to use the communication systems provided by Raise Cravings, including, for the avoidance of doubt, the chat feature, for any commercial solicitation purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site and/or Mobile Application or features that prevent or restrict use or copying of any Content or enforce limitations on use the Site and/or Mobile Application and/or the Content. You agree that your access and use of the Site, Mobile Application, and/or Services must comply with all applicable federal, state, local, and international laws and regulations. Your use of the Site, Mobile Application, and/or Services must not promote any illegal activity, or advocate, promote, or assist any unlawful act.
12. User Submissions
You agree that any information you provide through the Site, Mobile Application or Services ("User Content") will be truthful, accurate and complete. For illustrative purposes, User Content may be provided in account information, in Campaign Shops (as defined in the Fundraising Policy) and in chats. We have no obligations regarding User Content except as specifically agreed to in a separate writing or required by law. You acknowledge and agree that you will not provide any User Content to us that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another person or entity. By uploading the User Content, you hereby grant Raise Cravings and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use the User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless Raise Cravings and its contractors and employees, from (i) all liability and claims for invasion of privacy, publicity or libel, (ii) any liability and claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability and claims for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of Raise Cravings in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or Raise Cravings' exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services. You further acknowledge and agree that Raise Cravings may preserve User Content and disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Raise Cravings, its users or the public. By using the Site, the Mobile Application, and/or the Services, all Users consent to Raise Cravings' inclusion of such User Content in Raise Cravings' marketing and advertising materials. For further information on how Raise Cravings may use and share User Content, refer to the Privacy Policy.
13. Limited Access
From time to time, the Site, Mobile Application, and/or Services may be inaccessible or inoperable for various reasons, including equipment malfunctions, updates, maintenance and repairs and causes beyond our control or those that are not reasonably foreseeable. We are not obligated to compensate you for these conditions.
14. Warranty Disclaimers
THE INFORMATION AND DESCRIPTIONS CONTAINED ON THE SITE, THE MOBILE APPLICATIONS AND THE SERVICES ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO EVERY PRODUCT OR SERVICE WE OFFER BUT ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT SUCH CONTENT IS SUITABLE FOR YOUR NEEDS, COMPLETE, TIMELY OR RELIABLE. ALL TEXT, IMAGES AND OTHER CONTENT ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE, THE MOBILE APPLICATIONS OR THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, AND YOU HEREBY ACKNOWLEDGE THAT SUCH DOWNTIME MAY AFFECT YOUR CAMPAIGN SHOP (AS DEFINED IN THE FUNDRAISING POLICY), SALES, AND YOUR PARTICIPATION IN ANY ASSOCIATED PROMOTIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RAISE CRAVINGS, NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OWNERS, PARTNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY, THE "RAISE CRAVINGS PARTIES"), SHALL HAVE ANY LIABILITY FOR ANY LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES ARISING OUT OF LOSS OF REVENUE, LOST PROFITS, OR LOSS OF DATA (EVEN IF RAISE CRAVINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO (A) THE USE OF, RELIANCE ON OR INABILITY TO USE THE SITE, THE MOBILE APPLICATION, AND/OR THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, THE MOBILE APPLICATION, AND/OR THE SERVICES; (C) THE CONTENT OR SERVICES PROVIDED ON OR RECEIVED FROM THE SITE, THE MOBILE APPLICATION, AND/OR THE SERVICE; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF USER CONTENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF ALL RAISE CRAVINGS PARTIES TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE GREATEST OF (1) THE AMOUNT YOU HAVE PAID ALL OF THE RAISE CRAVINGS PARTIES IN THE SIX (6) MONTHS PRIOR TO A CLAIM ACCRUING, (2) THE TOTAL NET FUNDS REMITTED TO YOU FROM SALES AND DIRECT DONATIONS IN A CAMPAIGN SHOP MADE AVAILABLE THROUGH THE MOBILE APPLICATIONS FOR SUCH SIX-MONTH PERIOD (IF YOU OPERATE A CAMPAIGN SHOP), OR (3) ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN OF THE FOREGOING. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
16. Indemnity
You agree to indemnify and hold the Raise Cravings Parties harmless from any loss, liability, claim or demand, including reasonable attorneys' fees and costs, due to or arising out of (a) your breach of these Terms and Conditions; (b) your violation of any third-party right; and (c) your gross negligence, intentional misconduct and illegal conduct.
17. Reservation of Rights
We specifically reserve all rights that we do not expressly grant in these Terms and Conditions.
18. Contact Information
If you wish to contact us regarding (a) information on our products and services, (b) permission to reproduce or use any Content, (c) notices of claimed infringement under the DMCA, or (d) any other reason, please contact (the "Copyright Agent"):
RAISE CRAVINGS
1673 Lexington Ave NY, NY 10029
Phone: 646-590-3324
Email: Support@BakedCravings.com
For clarity, only DMCA notices should go to the Copyright Agent Email: Support@BakedCravings.com; any other feedback, comments, requests for technical support, and other communications should be directed to Raise Cravings' Customer Service through Support@BakedCravings.com. You acknowledge that if you fail to comply with all of the requirements of this Section 18, your DMCA notice may not be valid. We provide this contact information for purposes of the DMCA only and reserve the right to respond only to communication that is relevant for this purpose.
19. Termination
Raise Cravings reserves the right to discontinue any aspect of the Site, Mobile Application, and/or Services at any time; provided, however that we will use reasonable efforts to communicate such plans in advance.
20. Severance and Waiver
In the event any provision of these Terms and Conditions is held by a court to be invalid, unlawful, or unenforceable, you and we agree that the validity, legality, and/or enforceability of the remaining provisions contained in these Terms and Conditions will not in any way be affected or impaired. Our failure to exercise or enforce any right or provision under these Terms and Conditions will not constitute a waiver of such right or provision by us.
21. Venue and Choice of Law
IMPORTANT NOTICE: ARBITRATION, JURY TRIAL, AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED IN THIS SECTION 21, BY USING THE SITE, THE MOBILE APPLICATIONS OR THE SERVICES, YOU AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW THIS SECTION 21 CAREFULLY.
You acknowledge and agree that: (a) the Site, Mobile Application, and Services shall be deemed solely based in New York; and (b) the Site, Mobile Application, and Services shall be deemed not to give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York. These Terms and Conditions are governed by the laws of the State of New York, without regard to its conflict of laws principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms and Conditions, the Site, the Mobile Application or the Services shall be settled by binding individual arbitration in New York, NY. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. [Keep the rest of the provided arbitration language unchanged, replacing only "Double Good" with "Raise Cravings" where applicable.]
22. Timing of a Claim
ARBITRATION MUST BE INITIATED BY THE AGGRIEVED PARTY WITHIN ONE (1) YEAR OF THE ALLEGED CONDUCT THAT MAY GIVE RISE TO ANY CAUSE OF ACTION OR DISPUTED MATTER TO BE ARBITRATED THAT ARISES OUT OF OR IS RELATED TO THE SITE, MOBILE APPLICATIONS, SERVICES AND/OR THESE TERMS AND CONDITIONS. IF ARBITRATION IS NOT INITIATED WITHIN ONE (1) YEAR OF A DISPUTE OR CAUSE OF ACTION COMING INTO EXISTENCE, SUCH CAUSE OF ACTION CANNOT BE PURSUED AND IS PERMANENTLY BARRED FROM ARBITRATION AND LITIGATION.
23. Prevailing Parties
In the event of any action to enforce or interpret any provision of these Terms and Conditions, including arbitration proceedings, the prevailing party is entitled to recover, in addition to other costs, reasonable attorneys' fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorneys' fees to be paid to the prevailing party will be decided by the tribunal in which the matter is heard, tried, or decided, including any arbitration panel, court(s), or appellate court(s).
24. Entire Agreement
You agree that these Terms and Conditions (including, without limitation, the Privacy Policy and the Fundraising Policy) constitute the entire agreement between you and us with respect to your use of the Site, Mobile Application, and/or Services. You agree that these Terms and Conditions supersede any other agreements between you and us with respect to your use of the Site, Mobile Application, and/or Services.
💰 RAISE CRAVINGS FUNDRAISING & FEE POLICY
Date of Last Revision: 10/19/2025
PLEASE READ TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS CONTAINS DISPUTE RESOLUTION PROVISIONS THAT REQUIRE YOU TO SUBMIT TO ARBITRATION, WHICH MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. BY ACCESSING ANY PORTION OF THE SITE OR ANY MOBILE APPLICATIONS, OR BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS FUNDRAISING POLICY. WE WILL INFORM YOU REGARDING ANY MODIFICATIONS BY EITHER NOTIFYING YOU VIA YOUR DESIGNATED EMAIL ADDRESS OR BY POSTING THE CHANGES ON THE SITE.
All capitalized terms not otherwise defined herein shall have the meanings set forth in the Terms and Conditions. We may revise this Fundraising Policy from time to time without notice. Please review it carefully on a regular basis, as it may have changed since your last visit.
1. Our Policies
Our Terms and Conditions, the most recent version of which may be viewed on the Site or through our Mobile Application (the "Terms and Conditions") and our Privacy Policy, the most recent version of which may be viewed on the Site or through the Mobile Application (the "Privacy Policy"), are hereby incorporated into this Fundraising Policy and made a part hereof. Please read our Terms and Conditions and Privacy Policy carefully, as the terms and conditions are subject to change.
2. Fundraiser Campaigns
As a part of the Services, we have created a fundraising service platform ("Fundraising Service") that allows users to create their own online shop pages or campaign pages (each a "Campaign Shop" or "Campaign") through the Mobile Application and promote the Campaigns via social media and other online channels. Notwithstanding the foregoing, Raise Cravings reserves the right to discontinue any Fundraising Service at any time.
a. Campaign Organizers:
A Campaign Organizer ("Organizer") is an authorized individual or entity who creates and manages a Campaign and is the intended recipient of the funds Raise for a specified purpose or beneficiary ("Beneficiary"). An Organizer is an authorized individual who accesses and manages campaign information and/or information about the Beneficiary. In some cases, the Beneficiary and Organizer may be the same, provided however, that Organizers are not acting as service providers, independent contractors, or agents to Raise Cravings and funds received by the Organizer/Beneficiary are not intended to be wages, premiums, annuities, compensations, remunerations, emoluments or other incentives commissions to the Organizer.
Funds transferred to Organizers in connection with the Fundraising Service are comprised of two distinct parts:
Campaign Portion of Product Sales: A pre-determined portion of each product sale (excluding taxes, shipping, and fees).
Net Direct Donations: Direct contributions from Buyers/Donors, minus the Raise Cravings Service Fee and payment processor fees.
Organizers may be required to provide verification information about the Beneficiary to verify the legitimacy of the organization and/or certify that funds will be remitted to the Beneficiary. A failure by the Organizer to provide such information may result in tax reporting obligations. Organizers are able to create an organizer account on the Site or on the Mobile Application ("Organizer Account"). Organizers (or the Beneficiaries) must be able to accept payments to accounts or addresses based in the United States; at this time, Raise Cravings cannot and will not send payments outside of the United States. The Organizer, as set forth in the Organizer's Acknowledgement below, acknowledges and agrees that Raise Cravings is not responsible for the ultimate payment of any funds from the Organizer to the Beneficiary if they are separate entities.
b. Sellers (Optional):
If the Organizer chooses to enlist team members or others to help promote sales of the Campaign Shop, a seller ("Seller") is a user and campaign participant who promotes the products through the Organizer's Campaign Shop. For illustrative purposes, a Seller may be a team member, student, parent, or guardian. Each Seller must be associated in our records with an Organizer. An Organizer may also be a Seller. A Seller shall have no claims against us with respect to an Organizer's handling of Payout funds, as defined below.
c. Our Platform:
We provide a platform for: (1) selling goods as a vehicle for Organizers to raise funds for Beneficiaries, and (2) accepting Direct Donations. The portion of the product price designated for the campaign (Campaign Portion) and all Direct Donations (minus fees) are transferred to the Organizer. We are not a broker, financial institution, creditor, or charity. All information and content provided through our platform relating to fundraising is for informational purposes only, and we do not guarantee the accuracy, completeness, timeliness, or reliability of any such information or content. No content is intended to provide financial, legal, tax, or other professional advice. Before making any decisions regarding any sales and fundraising related to our products, you should consult your financial, legal, tax, or other professional advisor as appropriate. We have no control over the conduct of or any information provided by, any Beneficiary, Organizer, or Seller. We do not guarantee that a Campaign will obtain a certain amount of sales, donations, or any volume at all. We do not endorse any campaign or cause except as expressly stated in writing, and we make no guarantee, express or implied, that any information provided through the Services is accurate, including, without limitation, information provided by Beneficiaries, Organizers, or Sellers. We expressly disclaim any liability or responsibility for the outcome or success of any Campaign. As a Buyer/Donor, you must make the final determination as to the value and appropriateness of contributing to any Campaign. Notwithstanding the foregoing, we take suspected illegal activity and the misuse of funds Raise very seriously. If a Beneficiary, Seller, Buyer, or Donor has reason to believe that an Organizer is not raising or using the funds for their stated purpose, please alert our team of this potential issue and we will investigate.
d. Acknowledgement by Schools and School Districts:
Organizers, Beneficiaries, and Sellers that use Raise Cravings' platforms for school-based fundraising activities acknowledges and agree, that for schools and school districts that are required to comply with Family Educational Rights and Privacy Act (FERPA), Raise Cravings does not collect or access "education records" or "directory information" as those terms are defined under FERPA. Further, Raise Cravings is not considered a "community-based organization" to which some FERPA consent and disclosure obligations may apply. As such, Raise Cravings does not enter into stand-alone agreements with schools or schools districts intended to create obligations on the part of Raise Cravings to protect education records, or that relate to FERPA's consent and disclosure requirements for education records or directory information.
e. Organizer's Acknowledgement:
Organizers: You, as an Organizer, represent, warrant, and covenant that: (i) all information you provide in connection with an Organizer or Beneficiary is accurate, complete, and not likely to deceive Buyers/Donors and that you will post updates as needed so that Buyers/Donors understand the use of funds and any other relevant information about your campaign; (ii) all Payouts (defined below) contributed to your campaign will be used solely as described in the materials that you post or otherwise provide as the basis for your fundraising campaign; (iii) if you are individual serving as a representative for a Beneficiary, you represent and warrant that you are authorized by a Beneficiary to raise funds on their behalf and to use a Beneficiary's name and trademark(s) in any fundraising campaign or event; (iv) you will promptly remit any proceeds you receive in connection with the Fundraising Services designated for a Beneficiary to such Beneficiary and a failure to do so may result in tax reporting obligations or a requirement to register as a charitable beneficiary under applicable state law (v) you will not infringe the rights of others; (vi) you are not a service provider, independent contractor, or agent to Raise Cravings and proceeds you receive are intended for the stated fundraising purpose and not as wages, premiums, annuities, compensations, remunerations, emoluments or other incentives or commissions to you; (vii) you will comply with all relevant and applicable laws and financial reporting obligations, including but not limited to, laws and obligations relating to registration, tax reporting, political contributions, and asset disclosures for your campaign.
If you use the Services as an agent of a charity to raise funds for such charity, you represent and warrant that: (a) you are a representative of the charity, which representative is authorized to raise funds for the charity and bind the charity to these Terms and Conditions; (b) must send the funds Raise to the recipient charitable organization referenced in your Campaign no later than 10 business days after receipt from Raise Cravings as the failure to do so may require you to register as a charitable trustee under applicable state law; (c) you are raising funds for a charity, with a cause or activity that is legal under all applicable federal, state, territorial and local laws and regulations; (d) all Payouts will be used solely for the purpose you have stated on and in connection with your campaign, and under no circumstances may you use the funds for any other purpose; (e) your charity has and will maintain tax-exempt status under applicable law (for example, the Internal Revenue Code in the United States); and (f) if your charity is in the United States, it is registered with the IRS tax exempt organization database.
f. Seller's Acknowledgement
Seller: You, as a Seller, represent, warrant, and covenant that: (i) all information you provide in connection with a Beneficiary or Organizer is accurate, complete, and not likely to deceive Buyers/Donors and that you will post updates as needed so that Buyers/Donors understand the use of funds and any other relevant information about your campaign; (ii) all Payouts contributed to your campaign will be used solely as described in the materials that you post or otherwise provide as the basis for your fundraising campaign; (iii) if you are individual serving as a representative for a Beneficiary, you represent and warrant that you have received official authorization to act on behalf of the Organizer; (iv) you will not infringe the rights of others; (v) you will comply with all relevant and applicable laws and financial reporting obligations, including but not limited to, laws and obligations relating to registration, tax reporting, political contributions, and asset disclosures for your campaign;
If you use the Services as an agent of a charity to raise funds for such charity, you represent and warrant that: (a) you are a representative of the charity, which representative is authorized to raise funds for the charity and bind the charity to these Terms and Conditions; (b) you are raising funds for a charity, with a cause or activity that is legal under all applicable federal, state, territorial and local laws and regulations; (c) all Payouts will be used solely for the purpose you have stated on and in connection with your campaign, and under no circumstances may you use the funds for any other purpose; (d) your charity has and will maintain tax-exempt status under applicable law (for example, the Internal Revenue Code in the United States); and (e) if your charity is in the United States, it is registered with the IRS tax exempt organization database.
g. Prohibited Fundraisers and User Conduct:
The Fundraising Service provides a platform for Organizers to create fundraising campaigns ("Campaigns") for a variety of purposes. As stated above, Raise Cravings does not endorse any particular fundraising campaign conducted on its platform and is not responsible for the content of Fundraisers but does prohibit certain Campaigns and User Content. This Section provides examples of Campaigns and/or User Content are prohibited as part of the Fundraising Service and possibly illegal. This list is not exhaustive. We may remove any Campaigns or User Content that we determine in our sole discretion, violates any of the terms or spirit of these Terms and Conditions. Further, if you violate these Terms and Conditions, we may ban or disable your use of the Fundraising Services, stop payments to any Organizer, freeze or place a hold on Payments, report you to law enforcement authorities, or take any other appropriate legal action.
We may investigate a Campaign, an Organizer, a Buyer, or a Seller at any time to ensure compliance with these Terms and Conditions. In doing so, we may consider all available material, including social media, related news, and any other information that we deem relevant in our review. Please note while we reserve the right to remove, edit, or modify Campaigns and/or User Content at our sole discretion, we are not obligated to do so.
Without limiting the foregoing, you agree not to use the Fundraising Services to:
(i) raise funds or establish or contribute to any campaign with the implicit or explicit purpose of or involving:
violating any law, regulation, industry requirement, or third-party guidelines or agreements by which you are bound, including those of payment card providers and transaction processors that you utilize in connection with the Services;
political campaign fundraising including seeking election to public office, referenda, ballot initiatives or otherwise;
content or Campaigns that are fraudulent, misleading, inaccurate, dishonest, impossible,or are otherwise inconsistent with what is described in the Campaign description;
The purchase or use by an organization or individual of drugs, narcotics, steroids, controlled substances, pharmaceuticals or similar products or therapies that are either illegal or prohibited by applicable laws or regulations;
Firearms, explosives, knives, ammunition, or other weaponry or accessories;
any activity in support of terrorism, extremism, hate, violence, harassment, bullying, discrimination, terrorist financing, extremist financing, or money laundering;
annuities, investments, equity or lottery contracts, lay-away systems, off-shore banking or similar transactions, money service businesses (including currency exchanges, check cashing or the like), pyramid schemes, "get rich quick schemes" (i.e., Investment opportunities or other services that promise high rewards), network marketing and referral marketing programs, debt collection or crypto-currencies;
gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, fantasy sports, horse or greyhound racing, lottery tickets, raffle tickets, auctions and other ventures that facilitate gambling, games of skill or chance (whether or not it is legally defined as a lottery), promotions involving monetary rewards, including gift cards, or sweepstakes;
the legal defense of alleged financial and violent crimes, including those related to money laundering, murder, robbery, assault, battery, sex crimes or crimes against minors;
activities with, in, or involving countries, regions, governments, persons, or entities that are subject to U.S. and other economic sanctions under applicable law, unless such activities are expressly authorized by the appropriate governmental authority;
funding a ransom, human trafficking or exploitation, vigilantism, bribes or bounty;
pornography or other sexual content;
offensive, graphic, perverse, or sensitive content;
any attempt to bypass or otherwise circumvent payment processing rules and regulations;
credit repair or debt settlement services;
the receipt or grant of cash advances or lines of credit to yourself or to another person for purposes other than those purposes clearly stated in the Campaign;
Any activities intended to obfuscate the origin of funds;
products or services that infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party;
the sale or resale of anyproducts or services not produced and fulfilled by Raise Cravings;
any other activity that we may deem in our sole discretion to be in support of individuals and/or entities associated with alleged financial crimes including corruption, bribery, tax evasion, fraud, and activities of a similar nature; or
any other activity that we may deem in our sole discretion to be unacceptable objectionable or expose Raise Cravings to any liability of any type.
(ii) transmit or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; or (vi) in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type; or
(iii) interfere with or disrupt servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; or
(iv) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means.
(v) raise funds for a minor without the express permission of the minor's parent or legal guardian unless the funds are transferred into a trust account for the sole benefit of the minor.
Additionally, with respect to all payments you make or accept through the Services, you agree:
not to make or accept any payments that you know or suspect to be erroneous, suspicious or fraudulent;
not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC);
to maintain reasonable and standard security measures to protect any information transmitted and received through the Services, including without limitation by adhering to any security procedures and controls required by us from time to time;
to maintain a copy of all electronic and other records related to campaigns and Payouts as necessary for us to verify compliance and make such records available to us upon our request. For clarity, the foregoing does not affect or limit your obligations to maintain documentation as required by applicable laws, rules, regulations, or governmental authority; and
at our request, including without limitation in case of investigations by us, a payment processing partner, or a regulatory or governmental authority, fully cooperate in the auditing of such records, investigation of the relevant circumstances and remedy of any uncovered violation or wrongdoing.
We reserve the right to refuse, condition, or suspend any Payouts or other transactions that we believe in our sole discretion may violate terms or harm the interests of our users, business partners, the public, or us, or that expose you, us, or others to risks unacceptable to us. We may share any information related to your use of the Services with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your account, your buyers, your Payouts, and transactions made through or in connection with your use of the Services.
If you receive notice from us regarding a freeze or hold that has been placed on your account or suspect that your account is subject to a freeze or hold, you can contact us at suppot@bakedcravings.com. Please note that any changes to any payment or routing instructions related to your Payout may extend the Payout period.
3. Procedures
As a part of the Fundraising Service:
a. The Organizer will create a Campaign Shop to sell Raise Cravings Products (with a portion going to the Campaign) and/or to accept Direct Donations. The Organizer will receive a unique link to share with potential Buyers/Donors.
b. We will use the information you provide to: (i) manage your account; (ii) provide you and your contacts with customer support; (iii) process payment for any purchases made or donations submitted; (iv) enforce our Terms and Conditions; and (v) manage our business.
c. We also may disclose your information:
(i) In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
(ii) When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our terms and conditions or other agreements or policies.
d. We will not share, sell, use or otherwise distribute the contacts or communicate with the contacts you provide us other than for providing the Fundraising Service or if we give you an opportunity to opt out of having your information shared.
4. Payments, Fees, and Payouts
a. Buyer/Donor Payments
As a part of the Fundraising Service:
(i) Buyer Purchases. If you are a Buyer, you agree to pay in full the prices (and all applicable taxes and shipping and handling fees) for any product purchases you make by credit/debit card concurrent with your online order or by other payment means acceptable to us.
(ii) Direct Donations. If you are a Donor, you agree to submit your contribution via credit/debit card or other payment means acceptable to us.
(iii) Buyer/Donor Acknowledgements. Buyers and Donors acknowledge the following upon purchases/donations made as part of any Campaign:
Product Sales: A pre-disclosed portion of your purchase (excluding tax and shipping) will be sent to the Organizer (Campaign Portion).
Direct Donations: Your donation will be subject to a Raise Cravings Service Fee plus payment processing fees, and the remainder (Net Direct Donation Amount) will be sent to the Organizer.
Tax Deductibility: Raise Cravings makes no representation as to the tax deductibility of any product purchase or donation. If you believe your contribution is tax deductible, you should contact the fundraising Organizer or Beneficiary and consult your own tax professional.
Use of Funds: The Organizer/Beneficiary is solely responsible for the use of the funds.
Unclaimed Funds: Campaign organizers are responsible for completing all necessary steps to withdraw funds Raise. If the campaign organizer fails to complete these steps within 2 months of the completion of a Campaign, or if the Campaign beneficiary is a charitable organization that has had its charitable status revoked, then Raise Cravings reserves the right to redirect your contribution to the Unclaimed funds reserve for a 8-month hold period.
b. Our Payments and Fees
(i) Payout Components and Process. Funds remitted to the Organizer ("Payout") consist of the total Campaign Portion from all product sales and the total Net Direct Donation Amounts.
(ii) Direct Donation Service Fee. For all Direct Donations, Raise Cravings shall deduct a Service Fee of 5.5% of the gross donation amount, plus applicable third-party payment processing fees.
(iii) Payment Details. We generally remit payment of the Payout to the Organizers through an ACH provider. The Organizer acknowledges and agrees that Raise Cravings has no further responsibility for how the funds are used after a Payout is made to the Organizer.
(iv) Condition Precedent to Receiving Payout. As a condition precedent to receiving a Payout, Organizers must complete certain information on the Raise Cravings platform that will allow Raise Cravings to verify the Organizer's identity and obtain payment information that will allow to remit a Payout ("Payout Information"). If an Organizer fails to provide the required Payout Information, Raise Cravings will be unable to remit the Payout. If Raise Cravings has not received the Payout Information within 2 months of the end of the applicable Campaign, then Raise Cravings reserves the right to transfer such funds to Raise Cravings.
(v) Disputes. If an Organizer disputes any payment of a Payout, limited to an Organizer's claims that: (1) a payment was owed but not paid, or (2) a Payout was not paid in full, the Organizer must notify Raise Cravings of the dispute in writing within six (6) months of when the payment was made or allegedly should have been made. Such notice must include identifying information of the Organizer, Beneficiary, payment amount, payment due date, and an explanation of any alleged discrepancies. All such notices and potential resolutions of disputes and/or claims will be subject the time limitations set forth in paragraph 22 of the Terms and Conditions. Raise Cravings will not intervene in or resolve any dispute between Beneficiaries, Organizers, or Sellers related to the distribution of the Payout.(v) Disputes. If an Organizer disputes any payment of a Payout, limited to an Organizer's claims that: (1) a payment was owed but not paid, or (2) a Payout was not paid in full, the Organizer must notify Raise Cravings of the dispute in writing within six (6) months of when the payment was made or allegedly should have been made. Such notice must include identifying information of the Organizer, Beneficiary, payment amount, payment due date, and an explanation of any alleged discrepancies. All such notices and potential resolutions of disputes and/or claims will be subject the time limitations set forth in paragraph 22 of the Terms and Conditions. Raise Cravings will not intervene in or resolve any dispute between Beneficiaries, Organizers, or Sellers related to the distribution of the Payout.
c. Claw-backs.
Should any charge-backs, returns, Buyer/Donor-side payment cancellations, disputed credit card/debit card charges, voided transactions, insufficient funds/bank-refusals to pay, or similar situations arise where we are not fully compensated for our products or services or the transaction fee ("Non-Payment"), we reserve the right to treat such transaction as void and deduct any uncollected amounts, including the Payout portion and Service Fees, from the Organizer's future Payouts.
d. Buyer Returns.
All product order cancellations must be made by Buyer prior to shipment of the order and within twenty-four (24) hours of making a purchase. If your product arrived damaged or contaminated in any way, please contact us directly at Support@BakedCravings.com. All damaged goods or product quality claims must be made within seven (7) days of delivery; otherwise, we shall have no obligations to refund the purchase price or replace the product. DIRECT DONATIONS ARE GENERALLY NON-REFUNDABLE. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, WE DO NOT ISSUE REFUNDS FOR PRODUCTS AND WE DO NOT ACCEPT RETURNS.
e. Time of Payouts for a Campaign.
While Raise Cravings strives to make Payouts available to you promptly, you acknowledge and agree that: (i) Payouts may not be available to you for use immediately; (ii) Raise Cravings does not guarantee that Payouts will be available to you within any specific time frame; and (iii) Raise Cravings expressly disclaims any and all responsibility for any delay in Payouts or your inability to access and use Payouts at any specified time, and any consequences arising from such delay or inability.
5. Government Fundraising and Charity Policy
Our fundraising platform is a turn-key, one-size-fits-all platform. The service is designed to provide fast and efficient fundraising services to a wide range of fundraising organizers, whether they be private clubs, schools, non-profits, local municipalities, or state or federal government agencies and organizations. As a one-size-fits-all platform, Raise Cravings does not enter into custom agreements outside of, or in addition to, our terms of service with organizers. We take this position to avoid the appearance of conflicts of interest and other ethical concerns. As such, private entities such as businesses, non-profit organizations, teams and clubs, and public entities such as schools and school districts local municipalities or state or federal government agencies and organizations are responsible to assess whether their intended fundraising and or charitable activities comply with all local, state, and federal laws, regulations and rules. IN NO EVENT, SHALL RAISE CRAVINGS BE RESPONSIBLE FOR AN ORGANIZER'S REGULATORY OR COMPLIANCE OBLIGATIONS AS REQUIRED BY LOCAL, STATE, AND FEDERAL LAWS, REGULATIONS, AND RULES.
6. Transaction History
Transactions and login sessions may be logged and tracked by us, and information about their transactions may appear publicly in the "Recent Buyers" section or other sections of the Raise Cravings site. By using the Site, the Mobile Application, and/or the Services, you consent to such tracking and public disclosure of your use of the Site, Mobile Application, Services, transaction,s and purchases.
7. Anti-Bullying
You agree not to use our Site, Mobile Application, and/or Services (including, without limitation, the chat function) to bully others. If you become aware of bullying, please report it immediately to: Support@BakedCravings.com. The best protection against bullying is to learn how to recognize it and how to stop it. Here are some tips:
7. Anti-Bullying
You agree not to use our Site, Mobile Application, and/or Services (including, without limitation, the chat function) to bully others. If you become aware of bullying, please report it immediately to: Support@BakedCravings.com. The best protection against bullying is to learn how to recognize it and how to stop it. Here are some tips:
If you feel you're in immediate danger, contact your local authorities.
Reach out to a family member, counselor, or teacher who can give you the help and support you need.
Print or take a screenshot of it in case you need to share it later.
8. Site Restrictions
We may, in our sole discretion, without notice or liability, suspend, terminate, limit, or otherwise restrict Organizer accounts, Seller accounts, and/or Buyer/Donor accounts, as well as the use of the Site, Mobile Application, and the Services for any conduct we reasonably determine warrants such suspension, termination or restrictions, including but not limited to a violation of terms, illegal activity, damaging or harassing conduct, or any other such user, Buyer, Seller, or Organizer actions that cause difficulty or burden to Raise Cravings in rendering efficient and effective services.
9. Electronic Communications Disclosures and Consent
By providing Raise Cravings with your mobile phone number, using the Site, the Mobile Application, and/or Services and by providing personal contact information to us, you (whether a User, Buyer, Seller, Organizer or otherwise) expressly consent to and authorize us to contact you and to communicate with you via email, physical mail, text messaging, phone calls and other means, no purchase required / no purchase necessary. Further, when you provide Raise Cravings with mobile phone numbers from your contact lists or community of prospective buyers, you represent and warrant that you have the consent of the mobile phone number owner to provide Raise Cravings with that information. It is your responsibility to update your personal contact information, including if you change or deactivate your mobile phone number. You may opt out of communications by contacting us by email with "opt out" in the subject line, by replying "STOP" to any text messages sent by Raise Cravings, or via settings within the Mobile Application. For additional support, reply "HELP" to any text message. And for additional details regarding your privacy choices, refer to the Privacy Policy.
10. Amendment or Changes to Terms and Conditions
We reserve the right to modify, change, or add terms, or features of the Mobile Application or Site at any time, and at our sole discretion. Any additional terms that we may provide to you will be incorporated by reference into these Terms and will become effective from the date they are posted on the Mobile Application or Site. To the extent any additional terms conflict with these Terms, the additional terms will control.