Terms of Service

Last updated July 8, 2023

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO ALL THESE TERMS.

This website is operated by The Mary K Yap Foundation(“MKYF,” “we,” or “us”). These terms and conditions of use (“Site Terms”) apply solely to your access to, and use of, the marykyapfoundation.org Web site operated by MKYF and other MKYF Web sites, including mobile sites and applications which link to these Site Terms (the “Sites”). These Site Terms do not alter the terms or conditions of any other agreement you may have with MKYF for products, services, or otherwise.

We reserve the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Sites at any time and in our sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of these Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Sites. If you disagree with the amended terms, stop using the Sites.

All questions or comments about the Sites or site content should be directed here.

Privacy Policy

Please refer to our Privacy Statement for information on how we collect, use, and disclose personally identifiable information from our users.

Mobile Communications

If you request to receive updates or other information by mobile phone or text message, you consent to our communication via your mobile device. We do not charge for these services. However, your carrier’s normal messaging, data, and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. You may text STOP to cancel or HELP for customer support information anytime.

Copyright and Limited License

Unless otherwise indicated in the Sites, the Sites and all Content and other materials on the Sites, including, without limitation, MKYF’s logo and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of MKYF or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Sites and the Site Materials for your informational, non-commercial, and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Sites or the Site Materials therein; (b) the reproduction, distribution, public performance, or public display of any Site Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (f) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein without the prior written permission of MKYF is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.

Repeat Infringer Policy 

Per the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, MKYF has adopted a policy of terminating, in appropriate circumstances and at MKYF’s sole discretion, subscribers or account holders deemed to be repeat infringers. MKYF may also, at its exclusive discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Copyright Complaints

Suppose you believe anything on the Sites infringes upon any copyright you own or control. In that case, you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to Receive

Notification of Claimed Infringement: Copyright Agent Full Address of Designated Agent to Which Notification Should be Sent: 548 Market Street, PMB 17396 San Francisco, CA 94104 Telephone Number of Designated Agent: 415 991-2030 Email Address of Designated Agent: copyrightagent@marykyapfoundation.org
Please see 17 U.S.C. §512(c)(3) for proper notification requirements. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or restricting access to the material or activity claimed to be infringing.

Trademarks

All logos and slogans contained in the Sites are trademarks of MKYF, its suppliers or licensors, or other third parties. They may not be copied, imitated, or used, in whole or in part, without the prior written permission of MKYF or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “MKYF” or any other name, trademark, product, or service name of MKYF without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of MKYF and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

Hyperlinks

You may not use an MKYF logo or other proprietary graphic of MKYF to link to these Sites without the express written permission of MKYF. Further, you may not use, frame, or utilize framing techniques to enclose any MKYF trademark, logo, or other proprietary information, including the images found at the Sites, the Content of any text, or the layout/design of any page or form contained on a page on the Sites without MKYF’ express written consent. Except as noted above, you have not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of MKYF or any third party.
MKYF makes no claim or representation regarding and accepts no responsibility for the quality, Content, nature, or reliability of third-party Web sites accessible by hyperlink from the Sites or Web sites linking to the Sites. Such sites are not under the control of MKYF, and MKYF is not responsible for the contents of any linked site or any link contained in a linked site or any review, changes, or updates to such sites. MKYF provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by MKYF of any site or any information contained therein. When you leave the Sites, you should know 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 you navigate from the Sites.

Third Party Content

We may make third-party information and other Content available on or through the Sites (the “Third Party Content”) as a service to those interested in this information MKYF does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that MKYF is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.

Submissions

You acknowledge and agree that any comments, statements, stories, photographs, video, audio, and/or other recordings or media that you submit to MKYF (the “Submissions”) may be used by MKYF for any purpose and without compensation in accordance with the terms of our Submission Terms. In addition, any feedback, questions, suggestions, ideas, or other information or materials regarding the Sites or MKYF that you provide in the form of email or other submissions to MKYF, or any postings on the Sites (the “Feedback”), are non-confidential and shall become the sole property of MKYF. MKYF shall own exclusive rights, including all intellectual property rights, in and to all Feedback and shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose without acknowledgment or compensation to you.

User Content and Conduct

The Sites may include areas where you or other users may post or upload Submissions and other text, photos, video, messages, information, Content, or materials on the Sites (“User Content”). You are solely responsible for the User Content you post or upload. You agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Sites any of the following:

• User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, misleading, fraudulent, or otherwise objectionable;
• User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
• User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party.  By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
• User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Unsolicited promotions, political campaigning, advertising, or solicitations;
• Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
• Viruses, corrupted data, or other harmful, disruptive, or destructive files; and
• User Content that, in the sole judgment of MKYF, is objectionable, restricts or inhibits any other person from using or enjoying the Sites, or may expose MKYF or its users to any harm or liability of any type.

You further agree that you are solely responsible for your conduct while on the Sites, and you agree that you will not do any of the following in connection with the Sites or its users:

• Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from thoroughly enjoying the Sites, or that could damage, disable, overburden, or impair the functioning of the Site in any manner;
• Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
• Cheat or utilize unauthorized exploits in connection with the Service;
• Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
• Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
• Harvest or otherwise collect information about users, including email addresses, without their consent
• Use the Sites for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity or any activity that violates these Terms of Use; or
• Circumvent or attempt to circumvent any filtering, security measures, or other features MKYF may occasionally adopt to protect the Sites, its users, or third parties.

MKYF takes no responsibility and assumes no liability for any User Content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, or any user conduct, nor is MKYF liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.  Your use of the Sites is at your own risk.  Enforcement of the user content or conduct rules outlined in these Site Terms is solely at MKYF’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such laws in other cases.  In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content prohibited by such rules.   As a provider of interactive services, MKYF is not liable for any statements, representations, or User Content provided by its users in any public forum, personal home page, or other Interactive Area.  Although MKYF has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, MKYF reserves the right, and has absolute discretion, to remove, screen, or edit any User Content posted or stored on the Sites at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.  Any use of the Interactive Areas or other portions of the Sites in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites.

Suppose you post User Content to the Sites unless we indicate otherwise. In that case, you grant MKYF and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media and for any purpose in connection with MKYF or its projects or initiatives.  You grant MKYF and its affiliates and sublicensees the right to use the name you submit in connection with such Content if we choose.  You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

Charity Store Products

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Charity Store Page. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products (both direct and dropped shipment) are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at anytime for any reason. Prices for all products are subject to change.

Purchases And Payment

We accept the following forms of payment:

– Visa
– Mastercard
– American Express
– Discover
– Venmo
– PayPal
– Kpay

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Charity Store Page. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so we can complete your transactions and contact you as needed. Sales tax will be added to the purchase price as we deem required. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. Suppose your order is subject to recurring charges. In that case, you consent to our charging your payment method regularly without requiring your prior approval for each recurring appointment until you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Charity Store Page. In our sole discretion, we may limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, payment method, and/or orders using the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Return/ Refunds Policy

Please review our Return Policy posted on the Charity Store Page before making any purchases.

Indemnification

You agree to defend, indemnify and hold harmless MKYF, its independent contractors, service providers, and consultants, and their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Sites or your use of the Interactive Areas, including without limitation any actual or threatened suit, demand or claim made against MKYF and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.

Disclaimers

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY MKYF, THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION IN ADDITION TO THAT (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  MKYF DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER  SITE MATERIALS ACCESSED THROUGH THE SITE.

MKYF IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY.  WHILE MKYF ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND SERVICES SAFE, MKYF CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE SITE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

MKYF IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY ACTIVITIES OR EVENTS LISTED ON THE SITES OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OF OTHER USERS OF THE SITES.

MKYF reserves the right to change any and all content contained in the Sites and any Services offered through the Sites at any time without notice.  Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof or any affiliation by MKYF.

Termination

Notwithstanding any of these Site Terms, MKYF reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent future access to and use.

Severability

Suppose any provision of these Site Terms shall be deemed unlawful, void, or unenforceable. In that case, that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

Questions & Contact Information

Questions or comments about the Sites may be directed to MKYF here.