Africa’s Children’s Fund Privacy Policy

DISCLOSURES

Georgia – A full and fair description of the programs of Africa’s Children’s Fund and our financial statement summary are available upon request at the office and phone number indicated above.

Your contribution is tax-deductible as described on your annual statement or donation receipt and to the extent allowed by United States laws. You have received no goods or services in return for your donation, unless Africa’s Children’s Fund International, USA has otherwise notified you in writing.

IRS Circular 230 Notice: Africa’s Children’s Fund advises you to seek your own legal and tax advice in connection with gift and planning matters. Africa’s Children’s Fund does not provide legal or tax advice.

TERMS AND CONDITIONS

This website is owned and operated by Africa’s Children’s Fund, “we,” “us” or “our”). Africa’s Children’s Fund provides this website, including all information, software and services available from this website, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices described herein. Your use of the website constitutes your agreement to all such terms, conditions, policies and notices.

Your Use of the Website

This website is for your personal and noncommercial use. As a condition to your use of the website, you warrant to Africa’s Children’s Fund that you will not use the website for any purpose that is unlawful or prohibited by these General Terms and Conditions.

If you use this website and establish an account with us, in order to use and access restricted sites (e.g., through the My Correspondence feature) you are solely responsible for maintaining the confidentiality and security of your account and password, and you agree that all activities that occur under your account or password are your responsibility. You further agree to abide by the Restricted Sites Terms and Conditions, available at www.africachildrensfund.org/, if applicable to you.

Privacy Policy

You explicitly consent to the collection, hosting, use, disclosure and other processing or handling of information as described in the Africa’s Children’s Fund Privacy Notice located at http://www.africaschildrensfund.org/ as such notice may be amended by Africa’s Children’s Fund in its sole discretion from time to time.

Accuracy, Completeness and Timeliness of Information on the Website

We strive to provide accurate information on our website. We are not responsible, however, if information we make available on this website is not accurate, complete or current. The materials on this website are provided for general information only and should not be relied upon or used as the basis for making any decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance on the materials on this website will be at your own risk. This website may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on the website. You agree that it is your responsibility to monitor changes to the website.

Use of Materials From the Website

Except where explicitly stated otherwise, this website and all of its content (including but not limited to software, files, graphics and data) are the property of and owned by Africa’s Children’s Fund and/or its affiliates, suppliers or licensors and are protected by copyright, trademark and other laws of the United States and other countries. You may display and electronically copy, download and print hard-copy versions of the materials contained on the website for your personal and noncommercial use, provided that you do not modify or delete any copyright, trademark or other proprietary notice that appears on the materials you copy, download or print. When you display, copy, download or print any materials on or from the website, they are provided to you by Africa’s Children’s Fund and/or its affiliates, suppliers or licensors under a license that is revocable at will by Africa’s Children’s Fund. Africa’s Children’s Fund and/or its affiliates, suppliers or licensors retain full and complete title to the materials and to any and all of the associated intellectual property rights. Any other use of the materials on the website, including but not limited to the modification, distribution, transmission, performance, broadcast, reproduction, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any materials, information, software, products or services obtained from the website, without the prior written permission of Africa’s Children’s Fund, is expressly prohibited. Requests for permission to undertake any of these activities should be mailed to:

Your use of any software available on this website is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, Africa’s Children’s Fund l hereby grants to you a limited, personal, nontransferable, revocable license (to the object code only) to use the software for viewing and other personal, noncommercial purposes within the scope of use of such software anticipated by Africa’s Children’s Fund in accordance with these General Terms and Conditions, and for no other purpose. Any such software is provided to you subject to the warranties, if any, disclaimer of warranties and limitations of liability set forth in these General Terms and Conditions. You must terminate your use of any such software in the event that your access to this website is terminated by Africa’s Children’s Fund.

Materials You Submit

The website may contain features and functionality permitting you to publish, upload, post, display or otherwise submit (collectively, “Publish”) certain information, comments and other content that may be viewed by us, the general public and other users of the website. You are responsible for any information, comments or other content Published by you or any person using your computer. You agree not to Publish any information, comments or other data that is or may reasonably be considered libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing or misappropriating of intellectual property rights, abusive, illegal or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of information, comments or other content Published by you. We reserve the right (but not the obligation) to remove or edit such content, but do not regularly review posted content; provided, however, Africa’s Children’s Fund does screen Digital Communications in My Correspondence Accounts in accordance with its internal policies and as noted by in the Restricted Site Terms and Conditions, available at www.africaschildrensfund.org/

You may not use the website in any manner that could damage, disable, overburden or impair any Africa’s Children’s Fund server (including the servers of any Africa’s Children’s Fund’s third-party provider) or the network(s) connected to any Africa’s Children’s Fund server (including the servers of any Africa’s Children’s Fund third-party provider), or interfere with any other party's use and enjoyment of all or any portion of the website. You may not attempt to gain unauthorized access to any restricted web pages or any web pages requiring registration in order to view, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website by Africa’s Children’s Fund. Any access or use of web pages requiring registration are subject to your registration on the site and is further governed by the Restricted Sites Terms and Conditions available at www. africaschildrensfund.org/

If you do Publish information, comments or other content on or to the website, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these General Terms and Conditions , and where applicable, the Restricted Sites Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify us, our affiliates and our respective directors, officers, employees, representatives and agents for all claims arising from content you Publish, that is Published from your computer or that is Published using your user name and password, if any. We take no responsibility and assume no liability for any content Published by you, from your computer or using your user name and password, if any.

Registered Users

If you are a registered user on the website and are viewing web pages accessible only by registered users, your use of those web pages will be governed by the Restricted Sites Terms and Conditions applicable to registered users and available at www.africaschildrensfund.org/, and any conflicts between the Restricted Sites Terms and Conditions and these General Terms and Conditions shall be governed by the conflicting provision in the terms and conditions applicable to registered users.

Disclaimers

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR ANY PART THEREOF AT ANY TIME. CHILDFUND INTERNATIONAL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE OR ANY CONTENT SUBMITTED TO THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SOFTWARE AND SERVERS THAT MAKE THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AFRICA’S CHILDREN’S FUND OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. AFRICA’S CHILDRENS FUND DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING ANY RESULTS OBTAINED BY YOU IN RELYING ON THE MATERIALS ON THIS WEBSITE OR THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO ALL OR PORTIONS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NO MEMBER OF THE CHILDFUND INTERNATIONAL GROUP (AS DEFINED BELOW) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM (I) YOUR USE OR INABILITY TO USE THIS WEBSITE OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS SITE, (II) FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US; (III) THE PUBLISHING OF ANY INFORMATION, COMMENTS OR OTHER INFORMATION ON OR TO THE WEBSITE BY YOU OR ANY PERSON USING YOUR COMPUTER; OR (IV) THE USE BY ANY THIRD PARTY OF YOUR USER NAME OR PASSWORD. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS OF NEGLIGENCE, OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS WEBSITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You will indemnify and hold harmless Africa’s Children’s Fund, its affiliates and their respective current, future or former officers, directors, partners, employees, agents, contractors, licensors, suppliers and their successors or assigns (collectively, “Africa’s Children’s Fund”) on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees) incurred by any of the members of the Africa’s Children’s Fund, and, if directed by Africa’s Children’s Fund, shall defend the Africa’s Children’s Fund against (i) all claims that any information, data or other materials provided or Published by you in connection with the website or these General Terms and Conditions, or use thereof by any member of the Africa’s Children’s Fund, infringes, misappropriates or otherwise violates any patent, trademark, copyright, trade secret or other intellectual property, proprietary or privacy right of a third party, or that violates any law, rule or regulation; (ii) all claims arising from fraud, intentional misconduct, criminal acts or gross negligence by you; and (iii) all claims otherwise arising due to a failure by you to comply with any term or condition of these General Terms and Conditions.

Featured Links

This website may contain hyperlinks to other Internet websites. These hyperlinks are provided for your information and convenience only. Africa’s Children’s Fund does not control these other websites and is not responsible for their content; nor does Africa’s Children’s Fund’s inclusion of hyperlinks to such websites imply any endorsement or approval of the material on such websites or any association with their operators. Check the URL address provided in your browser to determine whether you are still in this Africa’s Children’s Fund website or have moved to another site.

Linking

Africa’s Children’s Fund permits linking to content on our website. Linking should not suggest that Africa’s Children’s Fund promotes or encourages any third party's causes, ideas, websites, products or services. Linking should not use Africa’s Children’s Fund’s content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. Africa’s Children’s Fund reserves the right to withdraw permission for any link.

Copyright

Except for material in the public domain under United States copyright law, all material contained on the website (including all software, HTML code, Java applets, Active X controls and other code) is protected by applicable United States and foreign copyright laws. Except as otherwise expressly provided in these General Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer or sell any material contained on the website without the prior consent of the copyright owner. Violation of this provision may result in severe civil and criminal penalties.

Trademarks

Africa’s Children’s Fund^®, Africa’s Children’s Fund^™ and other marks used on this website are trademarks or registered trademarks of Africa’s Children’s Fund and its affiliates and are protected by state and federal trademark laws. Other trademarks appear on the website with permission from their respective owners. Your unauthorized use of trademarks appearing on the website may constitute trademark infringement, which could subject you to substantial civil penalties.

Termination of Privileges

Africa’s Children’s Fund reserves the right to suspend or terminate your privilege of using all or any portion of this website, including all of your privileges or accounts that you may have established in connection with the website, at any time and without notice to you if, in Africa’s Children’s Fund l’s sole judgment, you breach any of these General Terms and Conditions, the Restricted Sites Terms and Conditions, the Africa’s Children’s Fund Privacy Policy or for any other lawful reason. Notwithstanding the termination of your various privileges, the following paragraphs shall survive such termination: Accuracy, Completeness and Timeliness of Information on the Website, Use of Materials from the Website, Materials You Submit, Registered Users, Disclaimers, Limitation of Liability, Indemnification, Copyright, Trademarks, Termination Privileges, Jurisdiction and Miscellaneous.

Changes to These General Terms and Conditions

Africa’s Children’s Fund reserves the right to make changes to these General Terms and Conditions at any time by posting revised General Terms and Conditions on the website. It is your responsibility to check periodically for any changes we may make to these General Terms and Conditions. The most current version of the General Terms and Conditions can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages. By continuing to use the website, you are agreeing to all changes made by Africa’s Children’s Fund.

Jurisdiction

This website is controlled and operated by Africa’s Children’s Fund from its principal office in the State of Georgia, USA. The laws of the State of Georgia govern these General Terms and Conditions and your use of the website. We recognize that it is possible for you to obtain access to this website from any jurisdiction in the world, but we have no practical ability to prevent such access. This website has been designed to comply with the laws of the State of Georgia and the United States. Those who choose to access the website from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. If any material on this website, or your use of the website, is contrary to the laws of the place where you are when you access it, then the website is not intended for you and we ask you not to use the website. You may not use or export materials on this website in violation of United States export laws and regulations. This website is not intended to subject Africa’s Children’s Fund to the laws or jurisdiction of any state, country or territory other than the State of Georgia and the United States of America.

If a dispute arises under these General Terms and Conditions between you and any member of the Africa’s Children’s Fund, such dispute shall be resolved (i) in Atlanta, Georgia, USA; and (ii) at the filing party’s election, in either a small claims court or by final and binding arbitration administered by the National Arbitration Forum or the American Arbitration Association, under their rules for consumer arbitrations. All disputes in arbitration will be handled solely between the named parties, and not on any representative or class basis. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR JURY. Notwithstanding any other provision of these General Terms and Conditions, any member of the Africa’s Children’s Fund may resort to court action for injunctive relief at any time if, in its good faith belief, the dispute resolution procedures described above would permit or cause irreparable injury to such member of the Africa’s Children’s Fund or any third party claiming against a member of the Africa’s Children’s Fund, due to delay arising out of such dispute resolution procedures.

Miscellaneous

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. These General Terms and Conditions constitute the entire agreement and understanding between you and Africa’s Children’s Fund with respect to use of the website, superseding all prior or contemporaneous communications; except that use of any Restricted Sites are governed by the Restricted Sites Terms and Conditions. A printed version of these General Terms and Conditions shall be admissible in judicial or administrative proceedings based on or relating to use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How to Contact Us

If you have any questions or comments about these General Terms and Conditions or this website, please Contact Us or write us at:

RESTRICTED SITES TERMS AND CONDITIONS

By clicking the “I Agree” button that follows these terms and conditions (“Restricted Sites Terms and Conditions”) or otherwise accessing or using the portions of the Africa’s Children’s Fund website designated for registered users (the “Restricted Sites”), you (“Registrant”) agree as follows:

REGISTRATION; TRANSACTIONS; TERM OF REGISTRATION

Online Registration

Upon the completion by Registrant of the online registration form, Registrant may access and use the Restricted Sites to obtain certain information provided by Africa’s Children’s Fund and/or conduct certain transactions and activities through the Restricted Sites, including, but not limited to, the submission of donations to Africa’s Children’s Fund (each, a “Transaction”) and submission of and access to digitized communications with Registrant’s sponsored child through My Correspondence (each, a “Digital Communication”). Unless otherwise indicated by Africa’s Children’s Fund, all Transactions and Digital Communications conducted by Registrant through the Restricted Sites will be subject to these Restricted Site Terms and Conditions, as well as the Africa’s Children’s Fund website General Terms and Conditions available at www.africaschildrensfund.org/terms_of_use and the Africa’s Children’s Fund Privacy Policy available at www.africaschildrensfund.org/privacy-policy.php and any other terms and conditions presented to Registrant by Africa’s Children’s Fund l in connection with such Transactions and Digital Communications.

Transactions

• Method of Payment. In order to complete a Transaction, Registrant may need to provide a method of payment (“Payment Account”) as specified during the registration process. Registrant may execute a single Transaction at a time or execute multiple Transactions on a recurring basis (e.g., monthly, quarterly, annually, etc.), depending upon the options selected during the Transaction process. You authorize Africa’s Children’s Fund to charge your Payment Account at the frequency and in the amounts designated by you during the Transaction process. All fees will be billed via the method of payment you designate during the Transaction process. Once submitted, amounts paid are generally non-refundable. However, in the event your donation was not intended for Africa’s Children’s Fund, you may request a refund. Africa’s Children’s Fund may periodically need to increase the sponsorship amount and in such cases, Africa’s Children’s Fund will announce the increase before any additional deductions are made. You will always have the option to decline an increase.
• Donations. Registrant acknowledges and agrees that Africa’s Children’s Fund did not provide any goods or services to Registrant personally in consideration for any donations made by Registrant as part of a Transaction. Africa’s Children’s Fund will apply Registrant’s donations in accordance with its internal policies and procedures.

Digital Communications

• My Correspondence. In order to facilitate communication with Registrant’s sponsored child(ren) Africa’s Children’s Fund offers Registrant the option of sending and receiving Digital Communications through the My Correspondence feature. Registrant may use the My Correspondence feature by registering for an account (“My Correspondence Account”).
• Intellectual Property License. Registrant owns all of the content and information posted by Registrant through the My Correspondence feature. For content and information that is covered by intellectual property rights (“IP Content”), Registrant specifically grants Africa’s Children’s Fund a perpetual, non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that is posted, uploaded or otherwise stored through Registrant’s use of the My Correspondence feature.
• Content Screening. Africa’s Children’s Fund may screen Digital Communications in Registrant’s My Correspondence Account consistent with Africa’s Children’s Fund’s internal policies, including but not limited to its policies on child sponsorship correspondence and child protection. Consistent with its application of such policies, Africa’s Children’s Fund reserves the right to remove, edit, or refuse to transmit or refuse to facilitate transmittal of Digital Communications.

Term of Registration

The term of Registrant’s registration will commence as of the date Registrant completes his or her online registration form (“Registration Date”) and, unless earlier terminated in accordance with these Restricted Sites Terms and Conditions, will continue in perpetuity (“Term”). Notwithstanding the foregoing, Registrant’s registration may automatically expire (and may be deleted by Africa’s Children’s Fund) following any period of inactivity associated with Registrant’s account in excess of twelve (12) consecutive months. Registrant may not consummate any Transaction or send or receive Digital Communications without an active registration.

Notices

All notices from Africa’s Children’s Fund intended for receipt by Registrant shall be deemed delivered and effective when sent to the email address provided by Registrant during the registration process or when posted to and made available to Registrant on the Africa’s Children’s Fund website (www.africaschildrensfund.org) (in either case, “Notice”). If Registrant changes the email address he or she provided in connection with his or her registration to access and use the Restricted Sites, Registrant must update his or her email address in accordance with the procedures set forth on the Africa’s Children’s Fund l website (www.africaschildrensfund.org).

MODIFICATIONS TO THE RESTRICTED SITES / TERMS AND CONDITIONS

Modifications to the Restricted Sites / Terms and Conditions

Registrant acknowledges and agrees that Africa’s Children’s Fund may, in its sole discretion, modify the Restricted Sites and these Restricted Sites Terms and Conditions (including any instructions, policies or guidelines referenced herein) at any time and in any manner. All such modifications shall be binding upon Registrant when made. Registrant may not amend or modify the Restricted Sites or these Restricted Sites Terms and Conditions under any circumstances.

REPRESENTATIONS, COVENANTS AND WARRANTIES

Representations, Covenants and Warranties of Registrant

Registrant represents, covenants and warrants to Africa’s Children’s Fund that (1) these Restricted Sites Terms and Conditions have been executed and delivered by Registrant and constitute a valid and binding agreement of Registrant, enforceable against Registrant in accordance with their terms; (2) Registrant will not access or use the Restricted Sites except as expressly permitted by these Restricted Sites Terms and Conditions and any additional instructions, guidelines or policies issued by Africa’s Children’s Fund, including those posted on the Africa’s Children’s Fund website (www.africaschildrensfund.org); (3) Registrant will access and use the Restricted Sites in full compliance with applicable Law (as defined in the section title “COMPLIANCE” below); (4) Registrant is at least eighteen (18) years old, or, if younger than eighteen (18) years old, Registrant is of an age sufficient to execute a legally enforceable agreement on his or her own behalf in the applicable jurisdiction; (5) all of the information, data and other materials provided by Registrant in support of Registrant’s application for registration are accurate and truthful in all respects; and (6) Registrant is the rightful owner of the any account opened it his or her name, included but not limited to Payment Accounts and My Correspondence Accounts, and is authorized to commit funds from the relevant accounts Africa’s Children’s Fund for purposes of conducting Transactions.

Disclaimer

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, CHILDFUND INTERNATIONAL MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING (1) THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT OR RESULTS TO BE DERIVED FROM THE USE OF THE RESTRICTED SITES OR ANY DATA SERVICE, SOFTWARE, HARDWARE, DELIVERABLE, WORK PRODUCT, DIGITAL COMMUNICATIONS OR OTHER MATERIALS RELATED TO THE RESTRICTED SITES, OR THE AVAILABILITY OF ANY OF THE FOREGOING; (2) WHETHER THE INFORMATION AVAILABLE ON THE RESTRICTED SITES IS TRUE, COMPLETE OR ACCURATE; OR (3) THAT TRANSACTION FUNDS WILL BE USED FOR ANY PARTICULAR PURPOSE AND SHALL NOT BE RESPONSIBLE FOR ANY MISUSE OR NON USE OF SUCH FUNDS BY THIRD PARTIES AFTER DONATIONS ARE MADE. FURTHER, CHILDFUND INTERNATIONAL DOES NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO OR SERVICES PROVIDED BY THE RESTRICTED SITES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE. REGISTRANT ACKNOWLEDGES AND AGREES THAT THERE ARE RISKS INHERENT TO TRANSMITTING INFORMATION OVER AND STORING INFORMATION, INCLUDING DIGITAL COMMUNICATIONS, ON THE INTERNET AND OTHER COMPUTER NETWORKS AND THAT AFRICA’S CHILDREN’S FUND IS NOT RESPONSIBLE FOR ANY LOSSES OF REGISTRANT’S DATA, DIGIAL COMMUNICATIONS, CONFIDENTIALITY OR PRIVACY IN CONNECTION THEREWITH.

COMPLIANCE

Generally

Registrant shall use the Restricted Sites in strict compliance with (1) these Restricted Sites Terms and Conditions; (2) any additional instructions, guidelines or policies issued by Africa’s Children’s Fund, including those posted on the Restricted Sites or on the Africa’s Children’s Fund website (www.africaschildrensfund.org); and (3) all applicable laws, rules and regulations (collectively, “Laws”).

CONTRACTORS

Use of Contractors

Africa’s Children’s Fund may engage any third party (including Africa’s Children’s Fund’s affiliates) to perform, or support the performance of, all or any portion of the Restricted Sites.

INTELLECTUAL PROPERTY RIGHTS; RESTRICTIONS ON USE

Ownership of the Restricted Sites and Related Data

As between Africa’s Children’s Fund and Registrant (collectively, “Parties”), Africa’s Children’s Fund owns and will retain ownership of all rights, title and interest in and to the Restricted Sites, including (1) all content on the Restricted Sites developed by Africa’s Children’s Fund or its third-party licensors, including any derivative works of the Restricted Sites and any such content; (2) any data presented on or by the Restricted Sites or otherwise uploaded, posted, or stored by Africa’s Children’s Fund and its third-party providers, except for personal information that Registrant submits to Africa’s Children’s Fund through the Restricted Sites and except as noted in the section titled “DIGITAL CORRESPONDENCE”; and (3) any intellectual property or other proprietary rights comprising any of the foregoing (collectively, “Africa’s Children’s Fund IP”). Neither these Restricted Sites Terms and Conditions nor any disclosure made hereunder grant any license to Registrant under any Africa’s Children’s Fund IP.

Use of the Restricted Sites

Registrant may use the Restricted Sites, including any data presented on or by the Restricted Sites for Registrant or otherwise hosted or stored by Africa’s Children’s Fund for Registrant, only on its own behalf and for lawful and appropriate purposes. Registrant shall not use the Restricted Sites or any of the data presented on or by the Restricted Sites or otherwise hosted or stored by Africa’s Children’s Fund for any commercial or other purpose other than as expressly permitted herein. Registrant will notify Africa’s Children’s Fund immediately upon any suspected unauthorized use of the Restricted Sites, whether by Registrant or a third party, or any suspected loss of or suspected unauthorized access to passwords or other login information used by Registrant to access the Restricted Sites (“Login Credentials”). Registrant shall be solely responsible for maintaining the confidence and security of any Login Credentials, and Africa’s Children’s Fund l shall bear no liability or other responsibility associated therewith.

PRIVACY NOTICE

Privacy Notice

Registrant explicitly consents to the collection, hosting, use, disclosure and other processing or handling of information as described in the Africa’s Children’s Fund Privacy Notice located at http://www.childfund.org/ as such notice may be amended by Africa’s Children’s Fund in its sole discretion from time to time.

SUSPENSION; TERMINATION

Suspension

Africa’s Children’s Fund may suspend or limit Registrant’s access to the Restricted Sites if Africa’s Children’s Fund, in its sole discretion, suspects that Registrant is in violation of, or reasonably likely to be in violation of, these Restricted Sites Terms and Conditions or any additional instructions, guidelines or policies issued by Africa’s Children’s Fund, including those posted on the Africa’s Children’s Fund website (www.africaschildrensfund.org).

Nonrenewal

Registrant may cancel his or her registration at any time in accordance with the procedures described on the Restricted Sites.

Termination by Africa’s Children’s Fund

Africa’s Children’s Fund may terminate Registrant’s registration, in whole or in part, as follows:

For Cause. Immediately (1) in order to comply with applicable Law or instructions from any governmental agency or authority; (2) if Africa’s Children’s Fund, in its sole discretion, suspects that Registrant is using the Restricted Sites in a manner not permitted by these Restricted Site Terms and Conditions; or (3) upon any breach of these Restricted Site Terms and Conditions, the Africa’s Children’s Fund website General Terms and Condition or the Africa’s Children’s Fund Privacy Policy by Registrant.

For Convenience. For convenience, upon Notice by Africa’s Children’s Fund to Registrant, which may occur after an unsuccessful login attempt by Registrant.

Effect of Termination/Survival of Selected Provisions

Effect of Termination. Upon the expiration or earlier termination of Registrant’s registration, for any reason (i) Registrant will no longer be authorized to access the Restricted Sites or otherwise use any of the features or services offered by the Restricted Sites; (ii) Africa’s Children’s Fund may delete any data associated with Registrant’s accounts, including but not limited to, any content in Registrant’s My Correspondence Account; and (iii) all rights and obligations of the Parties under these Restricted Sites Terms and Conditions shall expire, except those rights and obligations under those sections specifically designated in the sub-section titled “SURVIVAL” immediately below.

Survival. Notwithstanding the expiration or earlier termination of Registrant’s registration to the Restricted Sites, the following sections of the Restricted Sites Terms and Conditions shall survive any such expiration or termination: “DISCLAIMER”; “OWNERSHIP OF THE WEBSITE AND RELATED DATA”; “EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS”; “LIABILITY”; “INDEMNITIES”; “DISPUTE RESOLUTION”; AND, “GENERAL”.

LIABILITY

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AFRICA’S CHILDREN’S FUND (AS DEFINED IN SECTION TITLED “INDEMNITIES”) SHALL NOT BE LIABLE TO REGISTRANT FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RESULTING FROM REGISTRANT’S USE OF THE RESTRICTED SITES, OR BASED UPON ANY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT (INCLUDING THESE RESTRICTED SITES TERMS AND CONDITIONS AND ANY ADDITIONAL INSTRUCTIONS, GUIDELINES OR POLICIES ISSUED BY AFRICA’S CHILDREN’S FUND, INCLUDING THOSE POSTED ON THE CHILDFUND INTERNATIONAL WEBSITE (WWW.AFRICASCHILDRENSFUND.ORG)), NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY (COLLECTIVELY, THE “EXCLUDED DAMAGES”). THE EXCLUDED DAMAGES ALSO INCLUDE, WITHOUT LIMITATION, LOSS OF SAVINGS AND REVENUE; LOSS OF PROFIT; LOSS OF USE; LOSS OF DATA AND THE CLAIMS OF THIRD PARTIES. IF AFRICA’S CHILDREN’S FUND CANNOT LAWFULLY DISCLAIM LIABILITY FOR ANY OF THE FOREGOING DAMAGES, AFRICA’S CHILDREN’S FUND MAXIMUM LIABILITY TO REGISTRANT IS LIMITED TO THE AMOUNT OF THE DONATION SUBMITTED BY REGISTRANT THAT GAVE RISE TO THE UNDERLYING CLAIM, OR, IF NO DONATION WAS PROVIDED, FIFTY DOLLARS (US $50.00). THESE LIMITATIONS APPLY EVEN IF ANY OTHER REMEDY AVAILABLE TO REGISTRANT FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO REGISTRANT.

Remedies

At its option, any member of the Africa’s Children’s Fund may seek all remedies available to it under law and in equity, including injunctive relief in the form of specific performance to enforce these Restricted Sites Terms and Conditions, including any additional instructions, guidelines or policies issued by Africa’s Children’s Fund, including those posted on the Africa’s Children’s Fund website (www.africaschildrensfund.org), and/or actions for damages.

Claims

No action arising out of, in connection with, or relating to these Restricted Sites Terms and Conditions or the subject of these Restricted Sites Terms and Conditions shall be brought by Registrant more than one (1) year after the accrual of the cause of action. This period shall not be extended for any reason, except by the written consent of both parties. All statutes or provision of law which would toll or otherwise affect the running of the period of limitations are hereby waived, and no such statute or provision of law shall operate to extend the period limited in this paragraph.

INDEMNITIES

Indemnity by Registrant

Registrant will indemnify and hold harmless Africa’s Children’s Fund, its affiliates and their respective current, future or former officers, directors, partners, employees, agents, contractors, and their successors or assigns (collectively, the “Africa’s Children’s Fund”) on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees) incurred by any of the members of the Africa’s Children’s Fund, and, if directed by Africa’s Children’s Fund, shall defend the Africa’s Children’s Fund against (1) all claims that any information, data or other materials provided by Registrant in connection with the Restricted Sites (including, but not limited to, Registrant’s application for registration to access and use the Restricted Sites) or these Restricted Sites Terms and Conditions, or use thereof by any member of the Africa’s Children’s Fund, infringes, misappropriates or otherwise violates any patent, trademark, copyright, trade secret or other intellectual property or proprietary right of a third party, or that violates any Law; (2) all claims arising from fraud, intentional misconduct, criminal acts or gross negligence by Registrant; and (3) all claims otherwise arising due to a failure by Registrant to comply with any term or condition of these Restricted Sites Terms and Conditions, including any additional instructions, guidelines or policies issued by Africa’s Children’s Fund, including those posted on the Africa’s Children’s Fund website (www.africaschildrensfund.org).

DISPUTE RESOLUTION

Disputes

If a dispute arises under these Restricted Sites Terms and Conditions between Registrant and any member of the Africa’s Children’s Fund, such dispute shall be resolved (i) in Atlanta, Georgia, USA; and (ii) at the filing party’s election, in either a small claims court or by final and binding arbitration administered by the National Arbitration Forum or the American Arbitration Association, under their rules for consumer arbitrations. All disputes in arbitration will be handled solely between the named parties, and not on any representative or class basis. ACCORDINGLY, REGISTRANT ACKNOWLEDGES THAT IT MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR JURY. Notwithstanding any other provision of these Restricted Sites Terms and Conditions, any member of the Africa’s Children’s Fund may resort to court action for injunctive relief at any time if, in its good faith belief, the dispute resolution procedures described in this Section would permit or cause irreparable injury to such member of the Africa’s Children’s Fund or any third party claiming against a member of the Africa’s Children’s Fund, due to delay arising out of such dispute resolution procedures.

Governing Law

This Africa’s Children’s Fund website and the Restricted Sites are controlled and operated by Africa’s Children’s Fund from its principal office in the State of Georgia, USA. The laws of the State of Georgia govern these Restricted Sites Terms and Conditions and your use of the Restricted Sites. We recognize that it is possible for you to obtain access to the Restricted Sites from any jurisdiction in the world, but Africa’s Children’s Fund has no practical ability to prevent such access. The Restricted Sites has been designed to comply with the laws of the State of Georgia and the United States. Registrants who choose to access the Restricted Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any material on the Restricted Sites, or your use of the Restricted Sites, is contrary to the laws of the place where you are when you access it, then the Restricted Sites are not intended for you and we ask you not to use the Restricted Sites. You may not use or export materials on the Restricted Sites in violation of United States export laws and regulations. The Restricted Sites are not intended to subject Africa’s Children’s Fund to the laws or jurisdiction of any state, country or territory other than the State of Georgia and the United States of America.

GENERAL

Entire Agreement, Amendments and Modifications

These Restricted Terms and Conditions, as supplemented by the Africa’s Children’s Fund website General Terms and Conditions, available at www.africaschildrensfund.org/termsandconditions and the Africa’s Children’s Fund Privacy Policy, available at www.africaschildrensfund.org/privacypolicy and any additional instructions, guidelines or policies issued by Africa’s Children’s Fund, including those posted on the Africa’s Children’s Fund website (www.africaschildrensfund.org), constitute the entire agreement of the Parties with regard to the Restricted Sites and all matters addressed herein, and all prior agreements, letters, proposals, discussions and other documents regarding the Restricted Sites and the matters herein are superseded and merged into these Restricted Sites Terms and Conditions.

Force Majeure

Africa’s Children’s Fund will be excused from performance under these Restricted Sites Terms and Conditions for any period that it is prevented from or delayed in performing any obligations pursuant to these Restricted Sites Terms and Conditions, in whole or in part, as a result of a Force Majeure Event. For purposes of this Section , “Force Majeure Event” means an event or series of events caused by or resulting from any of the following: (1) weather conditions or other elements of nature or acts of God; (2) acts of war, terrorism, insurrection, riot, civil disorder or rebellion; (3) quarantines or embargoes; (4) labor strikes; (4) telecommunications, network, computer, server or Internet downtime; (5) unauthorized access to Africa’s Children’s Fund’s information technology systems by third parties; or (6) other causes beyond the reasonable control of Africa’s Children’s Fund.

Severability

If any provision of these Restricted Sites Terms and Conditions shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the Parties’ original intentions as nearly as possible in accordance with applicable Law(s).

Assignment

Registrant may not assign these Restricted Sites Terms and Condition (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Africa’s Children’s Fund, which may be withheld at Africa’s Children’s Fund’s sole discretion. Any attempted assignment by Registrant that does not comply with the terms of this Section shall be null and void. Africa’s Children’s Fund may assign these Restricted Sites Terms and Conditions, in whole or in part, to any third party in its sole discretion.