The Website and Materials 

Welcome to www.filamcancercare.org (“Website”). We (Filipino American Cancer Care Inc.) provide and host a variety of materials on the Website and encourage you to use these materials under the terms and conditions stated. The materials include, for example, video and audio stories, discussion guides, resources and other materials (“Materials”).

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Unless stated otherwise, these Terms and Conditions apply to your use of the Website and all Materials. There are additional Terms and Conditions that apply to User Generated Content (“UGC”) as part of the Touch By Cancer Story feature.

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Proprietary Rights 

You acknowledge and agree that Filipino American Cancer Care Inc. owns proprietary rights to the Website and Materials and that such rights are protected by intellectual property and other applicable laws, rules and regulations.

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The Website, Materials and the compilation of them are the property of Filipino American Cancer Care Inc. (and/or its suppliers) and are protected by U.S. and international copyright laws. All software used on the Website is the property of Filipino American Cancer Care Inc. and/or its software suppliers and is protected by U.S. and international copyright or other laws. Any use, reproduction, modification, distribution, transmission, republication, display, or performance of the Website, Materials,

UGC and/or software, except as expressly allowed herein, is prohibited.

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“Filipino American Cancer Care Inc.” (the “Mark”) is a registered trademark/service mark in the U.S. and foreign countries. The Mark and other graphics, logos, designs and/or service names used in connection with the Website and/or Materials may not be used in connection with any product or service except as such appear on and in permissible downloads and copies of the Materials. Any use of the Mark, graphics, logos, designs and/or service names of Filipino American Cancer Care Inc. that is likely to cause confusion regarding the source of goods or services or in any manner that disparages, criticizes or discredits Filipino American Cancer Care Inc. or the Website is prohibited.

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Permissible Use of Website and Materials 

We grant to you two types of non-exclusive, worldwide, perpetual licenses in connection with the Materials. First, you may download single copies of any or all Materials and publicly display them offline (such as, for example, in a power point presentation) provided that the Materials and/or copy thereof: (i) are used in Christian ministry and to further the objectives and mission of the Website; (ii) are displayed without fee or other commercial gain by you; and (iii) are of the whole of the Material and without modification of any kind.

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Second, we grant to you a non-exclusive, worldwide, perpetual license to make physical copies of all non-video and/or non-audio Materials, provided that such copies: (i) are used as handouts in Christian ministry and to further the objectives and mission of the Website; (ii) are distributed without fee or other commercial gain by you; and (iii) are of the whole of the Material and without modification of any kind.

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All UGC is subject to additional Terms and Conditions. The foregoing licenses do not apply to UGC.

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Prohibited Use of Website and Materials 

Regarding each of the licenses granted herein, you agree not to modify, abridge, rearrange, edit, combine, add to or subtract from, create derivative works of, or change in any manner whatsoever, any Materials or permissible copies of Materials, or any portions thereof. You further agree that the licenses granted to you herein are solely for use in Christian ministry and are not to be used to disparage, criticize or discredit the Website, any UGC, or Filipino American Cancer Care Inc.

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In addition none of the materials may be used or broadcast via television, web streaming, podcasting, nor in any other forms of media displaying to the general public, without obtaining additional written permission in advance from Filipino American Cancer Care Inc. Such permissions may be requested via our contact page.

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General Terms 

These Terms and Conditions, along with the Privacy Policy and Terms and Conditions relating to UGC, govern your use and constitute the entire agreement between you and Filipino American Cancer Care Inc. regarding the Materials and the Website. The section titles in these Terms and Conditions are for convenience only and have no legal effect.

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The Website is managed from Fairfax County, Virginia and you agree that these Terms and Conditions are to be construed under the laws of the Commonwealth of Virginia, except for any conflict of law rule that would result in the application of another jurisdiction’s laws. By using the Website and/or Materials, you agree to the personal jurisdiction of the state and federal courts located in Fairfax County, Virginia. You further agree that any action, claim, demand, or suit relating in any manner to the Website, Materials and/or your use or misuse thereof must be brought in the state or federal court, as appropriate, located in Collin County, Texas, to the exclusion of all other jurisdictions and venues.

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DISCLAIMER 

FILIPINO AMERICAN CANCER CARE INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE MATERIALS OR OTHER CONTENT THEREOF. FILIPINO AMERICAN CANCER CARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING REGARDING THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE, MATERIALS AND CONTENT THEREOF. FILIPINO AMERICAN CANCER CARE IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING FROM THE USE OF THE WEBSITE AND/OR MATERIALS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, AND/OR PUNITIVE DAMAGES.

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Indemnity 

By downloading any Materials from the Website, you also agree to defend, indemnify, and hold Filipino American Cancer Care Inc. harmless from and against any claims, actions or demands, liabilities and settlements, including without limitation, attorneys’ fees and expenses, relating to your use, attempted use, or misuse of the Website or Material and/or your breach of these Terms and Conditions.

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