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Terms & Conditions

Last Updated: 30 October 2024

Welcome to the website of Asian Pacific Children's Fund (APCF). These Terms and Conditions govern your access to and use of our website located at www.apcf.world (the "Site"). By accessing or using the Site, you agree to comply with and be bound by these Terms and Conditions.

1. Acceptance of Terms

By using the Site, you affirm that you are at least 13 years old and legally capable of entering into these Terms and Conditions. If you do not agree with any part of these Terms, please do not use our Site.

2. Use of the Site

a. Permitted Use
You may use the Site for lawful purposes and in accordance with these Terms. Permitted activities include:
- Learning about APCF's mission and programs
- Making donations
- Registering for events or volunteering
- Accessing resources and information
b. Prohibited Use
You agree not to:
- Violate any applicable laws or regulations
- Engage in fraudulent or deceptive activities
- Transmit harmful code or disrupt the Site's functionality
- Attempt unauthorized access to any part of the Site or its systems
- Use the Site to harass, abuse, or harm others
- Impersonate any person or entity or misrepresent your affiliation

3. Intellectual Property Rights

a. Ownership
All content on the Site, including text, graphics, logos, images, audio clips, video clips, data compilations, and software (collectively, the "Content"), is the property of APCF or its content suppliers and is protected by intellectual property laws.
b. License

APCF grants you a limited, non-exclusive, non-transferable license to access and use the Site and its Content for personal, non-commercial purposes.
c. Restrictions

You may not:
- Modify, reproduce, distribute, or create derivative works from the Content
- Use any trademarks, logos, or service marks without prior written permission
- Reverse engineer or decompile any software on the Site

4. Donations

a. Payment Processing
Donations made through the Site are processed by third-party payment processors. By making a donation, you agree to the processing, use, and storage of your information by these processors in accordance with their terms and privacy policies.
b. Refund Policy
All donations are final and non-refundable unless required by law. If you believe a donation was made in error, please contact us at shirley.briar@apcf.world.
c. Tax Deductibility
APCF is a registered 501(c)(3) non-profit organization. Donations are tax-deductible to the extent permitted by law. Donors are responsible for determining the tax implications of their donations.

5. User Content

a. Submissions
You may have opportunities to submit content to the Site, such as comments, stories, or photos ("User Content"). By submitting User Content, you grant APCF a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content.
b. Responsibility
You are solely responsible for your User Content. You represent and warrant that:
You own or have the necessary rights to submit the User Content
The User Content does not infringe any third-party rights
The User Content complies with these Terms and applicable laws
c. Monitoring and Removal
APCF reserves the right, but is not obligated, to monitor, edit, or remove User Content at its discretion.

6. Links to Third-Party Websites

The Site may contain links to third-party websites that are not owned or controlled by APCF. We are not responsible for the content, privacy policies, or practices of any third-party sites. Accessing these sites is at your own risk.

7. Disclaimer of Warranties

The Site and its Content are provided on an "as-is" and "as-available" basis. APCF makes no representations or warranties of any kind, express or implied, regarding the Site's operation or the information, content, or materials included.

To the fullest extent permitted by law, APCF disclaims all warranties, express or implied, including but not limited to:
- Implied warranties of merchantability and fitness for a particular purpose
- Non-infringement
- Accuracy, reliability, or completeness of the Content
- The Site being uninterrupted, error-free, or secure

8. Limitation of Liability

To the maximum extent permitted by law, APCF shall not be liable for any damages arising out of or in connection with your use of the Site, including:
- Direct, indirect, incidental, special, or consequential damages
- Loss of profits, revenue, data, or goodwill
- Damages resulting from errors, omissions, interruptions, defects, delays, computer viruses, or loss of data

This limitation applies regardless of the basis of the claim, whether in contract, tort, negligence, strict liability, or otherwise.

9. Indemnification

You agree to indemnify, defend, and hold harmless APCF, its affiliates, officers, directors, employees, agents, and volunteers from any claims, liabilities, damages, losses, or expenses arising out of your use of the Site or violation of these Terms.

10. Governing Law

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Colorado, USA, without regard to its conflict of law principles.

11. Dispute Resolution

Any disputes arising from these Terms or the use of the Site shall be resolved through binding arbitration in Durango, Colorado, under the rules of the American Arbitration Association. Each party shall bear its own costs, and the arbitrator's decision shall be final and binding.

12. International Users

Accessing the Site from territories where its content is illegal is prohibited. Users accessing the Site from outside the United States are responsible for compliance with local laws.

13. Modifications to the Terms

APCF reserves the right to modify these Terms at any time. Changes will be effective upon posting the updated Terms on the Site with an updated "Last Updated" date. Your continued use of the Site after changes constitutes acceptance of the new Terms.

14. Termination

APCF may terminate or suspend your access to the Site without prior notice for any violation of these Terms or for any other reason.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and APCF regarding the use of the Site.

17. Contact Information

For questions or concerns about these Terms, please contact us at:
Email: shirley.briar@apcf.world
Phone: +1 (970) 385-3252
Address: Asian Pacific Children's Fund
361 S. Camino Del Rio Suite 141
Durango, CO 81303, USA

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