This Agreement supersedes any previous Agreement to which you and Kitechild may have been bound. This Agreement may be modified by Kitechild in its sole discretion from time to time and such modifications shall automatically become part of this Agreement and shall be effective once posted by Kitechild on the Website (as indicated by the posted update date). Your participation in the Program and use of the Website will be subject to any such modifications. You should review the Website and this Agreement from time to time for any modifications. If you do not agree with any such modifications, please immediately stop participating in the Program and accessing and using the Website.
This Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and permitted assigns. Kitechild has the right to delegate, assign or otherwise transfer any or all of its rights and duties under this Agreement without notice to you. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved by Kitechild. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
1. Participation in the Program
Kitechild manages the Website, which matches you and other persons (each, a ”Donor” and, collectively, “Donors”) with orphanage partners in five countries in need of funding for sustainable projects that improve living conditions for children in the home.
Kitechild is solely responsible for screening and selecting each featured project (including, without limitation, posting requests for donations on the Website) and making all donation disbursements, and Kitechild expressly disclaims any responsibility to screen or select any Orphanage Partner, or monitor the disbursement of donation proceeds.
1.2 Tax Deductibility
You understand that Kitechild is a non-profit public benefit corporation. Kitechild has received exemption with the Internal Revenue Service as an organization that qualifies as a public charity under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended from time to time. All donations through Kitechild are tax-exempt.
2. Proprietary Rights
“Kitechild “, the “Kitechild ” logo and other Kitechild graphics, logos, designs, page headers, button icons, scripts, names and branding are trademarks, service marks or trade dress of Kitechild (“Kitechild Marks”). Kitechild Marks may not be used, including, without limitation, as part of trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Kitechild . Kitechild or its licensors own and retain all proprietary rights in the Program, the Website and all content, material and information posted, uploaded, transmitted or otherwise shared by Kitechild thereon (collectively, “Content”). The Website contains the copyrighted material, trademarks and other proprietary information of Kitechild and its licensors. You may display and make limited copies of the Content (other than the Kitechild Marks) for your personal, non-commercial use in connection with your participation in the Program (except as provided herein), but you may not alter, modify, publish, distribute, publicly display or sell any Content or other such proprietary information, or otherwise copy, transmit or use any Content or other such proprietary information without the express, written permission of Kitechild .
If you post, upload, submit, transmit or otherwise share any messages or other content, information, images, photographs, pictures or other materials (collectively, “User Generated Content”) on the Website, you agree to grant, and hereby grant to Kitechild an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to: (a) use, copy, perform, display and distribute the User Generated Content; (b) modify, alter, prepare derivative works of, and/or incorporate into other works, the User Generated Content; and (c) grant and authorize sublicenses of the foregoing. By submitting, uploading, transmitting, or sharing messages or other content with Kitechild you represent and warrant that you have the right, power and authority to grant the foregoing license. In addition, you agree to release, discharge and indemnify Kitechild from any and all claims or liability, whether known or unknown, including any and all claims in connection with the publication, production, processing, distribution or exploitation of the User Generated Content, including, without limitation, any claims of infringement or violation of any intellectual property, moral, publicity, privacy or proprietary rights.
You acknowledge, consent and agree that Kitechild may, at its sole discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and User Generated Content in order to: (a) comply with any applicable laws, regulations, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (c) enforce this Agreement and investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to your requests for customer service; or (f) protect the rights, property, or personal safety of Kitechild , its users, or the public.
The Website contains (or you may be sent through the Website) links to other web sites (“Third Party Sites”), as well as content, information, images, photographs, pictures and materials (including, without limitation, text, graphics, designs, music, sound, video, information and software) belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Kitechild , and Kitechild is not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted, uploaded, transmitted or otherwise shared on the Website, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Kitechild . If you decide to leave the Website and access a Third Party Site, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
3. Acceptable Use
Although Kitechild assumes no obligation to monitor the conduct of any User on or off the Website, it is a violation of this Agreement to use the Website or any information obtained from the Website in order to: (i) harass, abuse, or harm another person (including, but not limited to, using profanity in lender messages or joining lending teams in bad faith), (ii) prevent or exclude others, who are using the Website in compliance with this Agreement, from accessing, viewing or funding a particular Loan profile, or (iii) contact, advertise to, solicit, or sell to any User, Orphanage Partner, or other person without their prior explicit consent. In order to protect such persons from such advertising, solicitation or harassment, Kitechild reserves the right to remove content from the Website that violates acceptable use in Kitechild ‘s sole discretion and restrict the number of emails or messages that a User may send to others through the Website in any 24-hour or other period to a number that Kitechild deems appropriate, in Kitechild ‘s sole and absolute discretion.
Kitechild reserves the right at all times (but will not have an obligation) to remove or refuse to post or distribute any Third Party Content, and to restrict, suspend or terminate the participation of any User or any donating team from the Website and all Programs at any time, with or without prior notice. Without in any way limiting the foregoing, it is a violation of this Agreement to post, upload, submit, transmit or otherwise share any content, including, but not limited to, written materials or images, that in Kitechild ‘s opinion is obscene, harassing, contains profanity, or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; contains graphic or gratuitous violence; or is defamatory, libelous, or invades another person’s privacy or proprietary rights.
In consideration of your use of the Website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“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 Kitechild , 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. You agree not to impersonate any person or entity.
Kitechild is not responsible, and shall have no liability, for any incorrect or inaccurate content posted on the Website or any liability, cost or expense you may incur in connection with the Program, whether caused by any User, Orphanage Partner, or other person or by any of the equipment or programming associated with or utilized in the Program. You also acknowledge and agree that Orphanage Partners are not liable for content created and posted on the Website. Kitechild is not responsible for the conduct, whether online or offline, of any User of the Website or any other person. With respect to the Website, Kitechild assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications.
Under no circumstances will Kitechild be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from any use of the Website or participation in the Program, any content posted, uploaded, submitted, transmitted or otherwise shared on the Website or any interactions between any Users of the Website, whether online or offline. Kitechild neither represents, warrants, covenants guarantees, nor promises any specific results from use of the Website or the Program.
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE OR ADVICE PROVIDED IN CONNECTION WITH THE PROGRAM, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE.
Kitechild makes no representation or warranty, express or implied, with respect to any third party data provided to Kitechild or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. Kitechild will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance or (c) interruption in any such third party data due either to any negligent act or omission by Kitechild or “force majeure” or any other cause beyond the control of Kitechild .
5. Limitation of Liability
You understand that any and all decisions made by you with respect to the Program are yours alone. Kitechild shall not be responsible, or have any duty or obligation to, or liability for: (a) decisions or interactions resulting (directly or indirectly) from participation in the Program; or (b) any damages, costs, losses or expenses a User incurs as a result (directly or indirectly) of making a donation to a Orphanage Partner or as a result (directly or indirectly) of utilizing the Program or information received in connection with the Program. In addition, in no event will Kitechild be liable to you or any third person for any damages, costs, losses or expenses, including any lost capital, lost profits or special, incidental, consequential or punitive damages arising from your use of the Website or participation in the Program, even if Kitechild has been advised of the possibility of such damages, costs, losses or expenses.
6. Disputes with other Orphanage Partners
Kitechild is not responsible for your interactions with any Orphanage Partners, any other User (even to the extent prohibited by this Agreement) and any disputes or damages that may result from such interactions.
Kitechild reserves the right, but has no obligation, to monitor disputes between you and such persons.
7. Governing Law; Resolution of Disputes; Arbitration and Waivers
This Agreement is governed by the laws of the State of California, USA, without regard to its choice of law or conflict of law provisions. If any dispute arises between you and Kitechild , including, without limitation, any dispute arising from or relating to the Website or the Program, you agree that all such disputes will be determined exclusively by final and binding arbitration, in accordance with the then existing commercial rules of the American Arbitration Association in Los Angeles if the amount claimed is greater than $100 and otherwise over the telephone or in another city in which Kitechild is located. The arbitration shall be heard and adjudicated by one arbitrator to be selected by you and Kitechild . Any award will be final, binding and conclusive upon the parties, subject only to judicial review provided by California statute, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either you or Kitechild may seek any injunctive relief in a state or federal court in Los Angeles, California, as may be necessary to preserve rights pending the completion of arbitration and Kitechild may seek any injunctive relief in a state or federal court in Los Angeles, California, or another court of competent jurisdiction, at any time against any violations of Section 2 (Proprietary Rights) or Section 3 (Acceptable Use) of this Agreement.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY AGREEING TO SUBMIT ALL DISPUTES TO BINDING ARBITRATION, YOU AND Kitechild HEREBY WAIVE YOUR RIGHT TO A JURY OR COURT TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT OR ANY CONTEMPLATED USE HEREIN, INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS, EXCEPT AS SPECIFICALLY PROVIDED ABOVE.
You waive, to the maximum extent not prohibited by law, any right you may have to claim or recover, in any legal action or proceeding, any special, exemplary, punitive or consequential damages.
You agree to indemnify and hold Kitechild harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of the Website or participation in the Program or arising from your breach of this Agreement.
9. Term; Termination
This Agreement will remain in full force and effect while you access or use the Website or participate in the Program as a User and, notwithstanding anything herein to the contrary, this Agreement will remain in effect after your participation in the Program and registered account is terminated. Whether or not you are and remain eligible to participate in the Program, use the Website or any Kitechild services, may be determined by Kitechild in its sole and absolute discretion. If you violate this Agreement or if your participation in the Program or registered account is terminated, Kitechild has the right to delete your profile and remove your User Generated Content.
10. Entire Agreement; Severability
This Agreement, accepted upon your access and use of the Website and further affirmed by becoming a User, contains the entire agreement between you and Kitechild regarding the use of the Website or the Program. This Agreement may not be orally amended. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
11. Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
13. Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to Kitechild’s services and the full content of this website. Kitechild’s logo is a registered trademark of Kitechild in the United States of America and other countries. The brand names and specific services of Kitechild featured on this web site are trade marked
The laws of the United States of America and the state of California govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the American courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of Kitechild to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of Kitechild.
The database of information on orphaned children and child-caring institutions on this site is public information. Kitechild is not responsible for the use made of information obtained from this site nor the actions of the caregivers and administrators of the child caring organization featured Kitechild members. Our staff has made efforts to verify and professionally research all of the information presented on our site. We strongly urge visitors who wish to donate outside of the featured project program, to further their research before donating to the orphanages or visiting the orphanages listed in our database.
If any child-caring organization objects to any of their information being made available here then please contact email@example.com to have the information removed from the site.
Please contact us at info@Kitechild.org with any questions regarding this Agreement.