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Terms of Use

JULY 2 2020

YOUR USE OF MCF WEBSITES (including MCF.org, MCFgifts.org, and my.MCF.org), CONTENT, ELECTRONIC COMMUNITIES, PRODUCTS AND SERVICES AND DOWNLOADING FROM OUR SITES CONSTITUTES YOUR AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH HEREIN. In addition to providing descriptions of our programs and how we help communities in need around the world, our sites, materials, electronic communities, products and/or services (collectively, “Materials”) provide you with the opportunity to shop online and to interact with us and our online community. These terms and conditions have been developed for your protection, as well as ours.

We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Materials or Sites after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Sites or Materials. It is your responsibility to regularly check to determine if there have been changes to these Terms and to review such changes.

Rights & Permissions

You may use the Materials only for educational or non-commercial purposes relating to providing humanitarian relief and development programs, subject to these Terms and except that:

  1. Logo. To use any MCF mark or logo for fundraising or for any other purpose (see below for any purpose benefiting MCF), email mcf@mullychildrensfamily.org with a detailed description of your planned use; if an individual, your name and address; if an entity, its place of incorporation and type of entity. Any use of the MCF trademarks, including its logo, requires express written permission from MCF.
  2. Sale of Goods or Services benefiting MCF. This use requires express written permission from MCF. To sell products or services to benefit MCF, email mcf@mullychildrensfamily.org with a detailed description of your planned use; if an individual, your name and address; if an entity, its place of incorporation and type of entity. Note, the Better Business Bureau and some consumer laws require you to indicate at point of solicitation the precise benefit to charity. If the benefit is a portion of sale proceeds, the amount must be indicated by dollar (or local currency) or percentage of retail sale price, not with language such as “proceeds,” “income,” “net” or “profits” because this does not detail the precise portion of the sale benefiting charity.
  3. Images (including photos and films). Ask mcf@mullychildrensfamily.org if you want to use an image from the Materials, describe the image you want to use, the page address where it appears, what you want to use it for and, if an individual, your name and address; if an entity, its place of incorporation and type of entity. This use requires express written permission from MCF.
  4. Legends Intact. Keep all copyright or other proprietary notices intact. The Materials should indicate © MCF, and may require additional legends to attribute the work to an author, photographer or others. All Materials are owned by MCF or licensed for MCF use.
  5. Copy to MCF. If the Materials are used in a publication or other formal presentation, you must provide a copy to MCF by emailing mcf@mullychildrensfamily.org.
  6. Reputation. Materials shall not be used to disparage MCF or its activities.

Submissions

  • Use of the MCF electronic community is void where prohibited. In consideration of your use of the Materials, you agree to (a) provide accurate, current and complete information about you in any registration forms on the Sites (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to MCF, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
  • Your remarks, graphics, or other information communicated to MCF through the Materials (each a “Submission”) shall be freely used by MCF as described below. You represent and warrant that any information and/or Submission you post or provide to MCF through any medium is truthful, accurate, not misleading, not confidential property of others, and not in violation of any other party’s rights. You represent and warrant and agree that you shall not provide MCF a Submission in which other persons have rights without their express permission, or that infringe their rights, or that contains libelous, defamatory or otherwise unlawful material and you are responsible if your Submission injures another person. In addition, you agree not to:
    • use the Materials for data mining, robots or similar data gathering or extraction methods;
    • harvest or collect email addresses or other contact information of other Users from the Materials by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
    • use the Materials in any unlawful manner or in any other manner that could damage, disable, overburden or impair them;
    • use automated scripts to collect information from or otherwise interact with the Materials;
    • upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
    • register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
    • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity;
    • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
    • upload, post, transmit, share, store or otherwise make publicly available in the Materials (including on the Sites) any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
    • solicit personal information from others or solicit passwords or personally identifying information for commercial or unlawful purposes;
    • upload, post, transmit, share or otherwise make available any material that 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;
    • intimidate or harass another;
    • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate applicable law;
    • use or attempt to use another’s account, service or system without authorization from MCF, or create a false identity in the Materials (including on the Sites).
    • upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of MCF, is objectionable or which restricts or inhibits any other person from using or enjoying the Materials, or which may expose MCF or its Users to any harm or liability of any type.
  • Submissions are not confidential and shall not be treated as confidential by MCF. MCF may use Submissions for any commercial or other purpose, without compensation or other liability to you. When you post a Submission or otherwise send creative suggestions or material to MCF, including, but not limited to stores, photos, videos, ideas, notes, drawings, concepts, or other information, the information shall be deemed, and shall remain, the property of MCF. You authorize and direct us to use and/or to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Submission. By posting Submissions, you automatically grant, and you represent and warrant that you have the right to grant, to MCF an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submissions for any purpose, commercial, advertising, or otherwise, on or in connection with the Materials (including on the Sites) or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submissions, and to grant and authorize sublicenses of the foregoing. You understand that your Submissions may be used and republished by other Users over whom MCF has no control, and you specifically consent to this use by others.
  • The Materials contain Submissions, text, photos, graphics, sounds and other work belonging to MCF or to other contributors. MCF owns the Material, unless otherwise indicated. You acquire no ownership rights by downloading copyrighted material. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel implication or otherwise.
  • You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users and to prohibit your further use of the Site or further interactions with Users. You are also solely responsible for your own communications and are responsible for the consequences of their posting.

Liabilities and Injuries

  1. You shall not post or transmit through MCF Materials any information or documents that violates these Terms. You shall defend, indemnify and hold harmless MCF, MCF International, their directors, officers, employees, and agents, and their third party content providers (“MCF Entities”) from any claims, losses or expenses arising from or in connection with any Submissions, any Third Party applications, Software or Content you post or share on or through the Materials (including through the Sites or Share Service), your use of the Materials, your conduct in connection with the Materials or with other Users of the Materials, or any violation of this Agreement or of any law or the rights of any third party.
  2. The materials are provided “as is” and without warranties of any kind either expressed or implied to the fullest extent permissible pursuant to applicable law. Any and all products obtained through any mcf site are similarly provided “as is” and without any warranties of any kind either expressed or implied. MCF disclaims all warranties of merchantability or fitness for a particular purpose. MCF does not warrant or make any representations regarding the materials including, without limitation, their completeness, accuracy, reliability, interruption, defect, whether the materials or the server are free of viruses, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records or other harmful components. Information in the materials, or the sites of any mcf entities, is provided with the understanding that mcf entities are not rendering professional advice or recommendations. Do not rely on any information on these pages to replace consultations with qualified professionals to meet your individual needs. You use the materials at your own risk.
  3. MCF is a distributor (and not a publisher) of content supplied by third parties and Users. MCF has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any User of the Materials, are those of the respective author(s) or distributor(s) and not of or endorsed by MCF. MCF does not pre-screen, approve or endorse any submissions, and cannot guarantee that a submission was actually created and is being operated by the individual or entity that is the subject of a submission. Nor is MCF responsible for the content of any submission, or actions taken on or in connection with any submission, including how the owner of the submission collects, handles, uses and / or shares any personal information it may collect from users. You should be careful before providing any personal information to or entering into any transaction in connection with a submission.
  4. In no event will MCF or its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the materials, any platform applications, any product or service, or any of the materials or other materials on, accessed through or downloaded from the sites, even if MCF is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, MCF’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to MCF for the product or service. You acknowledge that if no purchase of a product is involved and/or no fees are paid to MCF for the service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from MCF, regardless of the cause of action.
  5. MCF is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet, the materials or at any sites or combination thereof, including injury or damage to user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Materials. Under no circumstances will MCF be responsible for any loss or damage, including any loss or damage to any Submissions or personal injury or death, resulting from anyone’s use of the Materials, any Submissions or Third Party Applications, Software or Content posted on or through the Materials or transmitted to Users, or any interactions between Users of the Materials, whether online or offline.
  6. The Materials or Sites may be linked to other sites not maintained by MCF. MCF is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by MCF of the sites. MCF makes no representations whatsoever about any other sites which you may access through MCF.
  7. These limitations apply even if there is negligence on the part of MCF Entities or an authorized MCF representative has been advised of the possibility of such damages, or both.

Purchases.

Any purchases through the Materials or on the Sites are through third-party providers and are subject to the terms and conditions set forth on such corresponding sites. Any dispute must be resolved directly with the third-party provider.

MCF Programs.

The Materials may contain references to MCF services, products and programs that are international and may or may not exist in your country. These references do not imply that MCF intends to announce or provide the programs in your country. All questions about MCF activities in your country should be directed to the appropriate MCF Country Office.

Monitoring.

You understand and agree that MCF may, but is not obligated to, review the Materials and may delete or remove (without notice) any Content or Submissions in its sole discretion, for any reason or no reason, including Submissions that in the sole judgment of MCF violate this Agreement, or that might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Submissions you post or store in the Materials, on the Sites or provide to MCF. MCF may edit, refuse to post or remove any material submitted to or posted in the Materials (including on the Sites). In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, MCF has adopted a policy of terminating, in appropriate circumstances and at MCF’s sole discretion, access of Users who are deemed to be repeat infringers. MCF may also at its sole discretion limit access to the Materials (including on the Sites) and/or terminate access of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. Possible evidence of use of the Materials (including the Sites) for illegal purposes may be provided to law enforcement authorities.

Trademark Information.

The marks MCF, MCF Package, MCF Saving Children’s Lives, MCF on the Move, Adopt-a-tree, and other MCF service marks, trademarks, trade names or logos are registered in Kenya and, to the extent used outside Kenya, in other countries. All rights reserved. Other trademarks or trade names displayed in the Materials, on the Sites or through links to other sites are the property of the respective trademark owners.

Share Services.

  • MCF offers a feature whereby Users of the Materials can share with others or post to their own member profile, videos, articles and other Third-Party Applications, Software or Content from, and/or links to, Third Party Sites (the “Share Service”). You acknowledge and agree that your use of the Share Services and all links, User Content or Third-Party Applications, Software or Content shared through the Share Service is subject to, and will fully comply with the terms and conditions set forth in these Terms.
  • Subject to these Terms, Third Party Sites that meet the requirements set forth herein may place a Share Link (as described below), in the form approved by MCF and with the written consent of MCF, on pages of their Web sites to facilitate use of the Share Service. A Third Party Site that posts a Share Link on its Web site(s) (each an “Online Content Provider”) shall abide and be subject to the applicable sections of these Terms. A “Share Link” is a button and/or a text link appearing on an Online Content Provider’s web page that, upon being clicked by a User, enables us to launch a sharing mechanism through which Users can share with others or post to their own member profile, links and content from that page.
  • If the Share Link is a button that contains any icons or other graphic images, trademarks or other proprietary materials of MCF, Online Content Provider is granted permission to use such images, trademarks or other materials solely for the purpose of placing the Share Link on Online Content Provider’s site and solely in the current form provided by MCF. The rights granted in this paragraph may be revoked by MCF at any time with or without cause in its sole discretion, and upon such termination, Online Content Provider agrees to immediately remove all Share Links from its site. No such link shall be deemed to be an endorsement of the material, products, services, or content of the third-party Provider.
  • In order for an Online Content Provider to include a Share Link on its pages, the Third Party Site must not contain any web content that if shared or posted by a User would be a violation of these Terms. Without limiting the forgoing, Online Content Provider agrees not to post a Share Link on any Web site(s) that contains, and represents and warrants that such Web site(s) does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose MCF or its Users to any harm or liability of any type. Upon including of a Share Link, Online Content Provider agrees to defend, indemnify and hold MCF, MCF International, their affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with such Share Link, any links, content or other items or materials which may be shared or posted through such Share Link, or any breach or alleged breach of the foregoing representations and warranties.
  • By including a Share Link, Online Content Provider automatically grants, and represents and warrants that it has the right to grant, to MCF an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the Share Service in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links and other materials of any kind residing on any web pages on which Online Content Provider places the Share Link.

To request a copy of the information disclosure provided by MCF pursuant to Kenyan law, please contact
mcf@mullychildrensfamily.org.

MISCELLANEOUS

  1. This Agreement constitutes the entire agreement of the parties with respect to this subject matter, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
  2. This Agreement shall be construed in accordance with the laws of Kenya, without regard to its conflict of laws roles. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. “Includes”, “including” and other similar terms are deemed to include “without limitation” immediately thereafter, and any specification of the Site as part of the Materials is purely to provide clear meaning and does not imply that other references to Materials exclude the Sites.
  3. You and MCF agree that the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these terms of use, the materials (including your visit to or use of the materials) shall be final and binding arbitration, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct roles set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) disputes or claims relating to any purchases from a third party or third party sites may be subject to other roles.
  4. To the fullest extent permitted by applicable law, no arbitration or claim under these terms of use shall be joined to any other arbitration or claim involving any other current or former user of the service, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the Materials (including your visit to or use of the Materials) be instituted more than three (3) years after the cause of action arose.
  5. These Terms are also for the benefit of MCF Entities, each of which may assert and enforce such provisions directly or on its own behalf.