Terms of Use
Terms of Use
OVERVIEW
Arigatou International may revise this Agreement at any time by posting the revised Terms of Use on the Website, and you agree that your use of the Website after such changes will constitute your acceptance of such changes. For your convenience, the date of last revision is included at the bottom of this page. Changes to this Agreement will not be applied retroactively.
Arigatou International may make changes to the Website and/or the services described on the Website at any time. You understand that Arigatou International may discontinue or restrict your use of the Website for any reason or no reason with or without notice. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO VIEW OR OTHERWISE USE THE WEBSITE OR THE CONTENT.
PROPRIETARY RIGHTS
The Website and the Content are the sole and exclusive property of Arigatou International and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or the Content other than as expressly authorized by Arigatou International in writing.
PERMITTED USES
Arigatou International invites you to view and use a single copy of the Website and the Content for your personal, non-commercial use; provided, however, that you may not duplicate, publish, modify, distribute, perform or create derivative works from any part of the Website or the Content unless expressly authorized by Arigatou International in writing. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Website or in the Content.
ADDITIONAL RESTRICTIONS
You agree not to access the Website by any means other than through a standard web browser on a computer or mobile device. You further agree that you will not damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of it.
ABOUT THE INFORMATION ON THIS SITE
The content available on the Website is intended to be a general information resource and is provided solely on an “AS IS” and “AS AVAILABLE” basis. You are encouraged to confirm the information contained herein. You should not construe Arigatou International’s publication of the Website as a warranty or guarantee of the quality or availability of any goods or services.
COMMUNICATIONS WITH THIRD PARTIES
Your dealings or communications through the Website with any party other than Arigatou International are solely between you and that third party. Under no circumstances will Arigatou International be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto.
ELIGIBILITY
By using the Website, you represent and warrant that (a) all registration information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation.
LINKS TO OTHER SITES
The Website may contain links to websites operated by other parties. Arigatou International provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of Arigatou International, and Arigatou International is not responsible for the content available on the other sites. Such links do not imply Arigatou International’s endorsement of information or material on any other site and Arigatou International disclaims all liability with regard to your access to and use of such linked Websites.
LINKS TO ARIGATOUINTERNATIONAL.ORG
Unless otherwise set forth in a written agreement between you and Arigatou International, you must adhere to Arigatou International’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Arigatou International’s names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Arigatou International, (iii) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking Website, and (iv) Arigatou International reserves the right to revoke its consent to the link at any time and in its sole discretion.
TRADEMARKS
Unauthorized use of any Arigatou International trademark, service mark or logo are prohibited, and may be a violation of federal and state trademark laws.
DISCLAIMERS AND LIMITATION OF LIABILITY
THE WEBSITE AND ALL CONTENT ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ARIGATOU INTERNATIONAL MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.
ARIGATOU INTERNATIONAL MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARIGATOU INTERNATIONAL DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE OR THE CONTENT, EVEN IF ARIGATOU INTERNATIONAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY
You agree to indemnify, defend and hold Arigatou International, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Website and/or breach of this Agreement.
COPYRIGHT
The Website is protected by U.S. and international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Website, or individual sections of the content, design or layout of the Website, without Arigatou International’s express prior written permission.
CHILDREN
The Website is not directed toward children under 13 years of age nor does Arigatou International knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to Arigatou International.
PRIVACY POLICY
By agreeing to these terms, you acknowledge that Arigatou International may collect, use and disclose your information as described in our Privacy Policy.
DISCLOSURE OF PERSONAL INFORMATION
Without limitation of any of the rights granted to Arigatou International herein, you acknowledge and agree that Arigatou International may preserve and disclose information about you, your account and transactions made through the Website if required to do so by law or if we believe that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce our rights; or (c) protect the rights, property, or safety of Arigatou International, any individual or the public.
CHOICE OF LAW/FORUM
This Agreement shall be governed by, and will be construed under, the laws of the State of New York, without regard to choice of law principles. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in the County of New York, in the State of New York, to settle any dispute which may arise out of, under, or in connection with this Agreement. YOU AGREE THAT NO CLAIM ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE WEBSITE MAY BE BROUGHT AS A CLASS ACTION.
MISCELLANEOUS
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Arigatou International’s failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive Arigatou International’s right to act with respect to subsequent or similar failures. These Terms of Use set forth the entire understanding and agreement between you and Arigatou International with respect to the subject matter hereof; provided, however, that it shall be read in conjunction with any Arigatou International user agreement(s) entered into by you. Any cause of action or claim you may have with respect to this Agreement or the Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of Arigatou International, and any assignment or transfer in violation of this provision shall be null and void. Arigatou International reserves the right to seek all remedies available at law and in equity for violations of this Agreement and/or the rules and regulations set forth on the Website, including without limitation the right to block access from a particular internet address.
CONTACT
If you have any questions, concerns, or suggestions regarding these Terms of Use, please contact us by email, or by postal mail to End Child Poverty – Arigatou International, ATTN:
Crawford Business Park, State House Road
Nairobi, Kenya
Tel: +254 20 2573920/1