Mully Children's FamilyMCF

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

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.

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.