Issuance date: 1 September 2008
Welcome to GKPnet, Global Knowledge Partnership's virtual community! GKPnet is the virtual space that allows you to connect with people from a large network of organisations all working to harness the potential of Knowledge and Information and Communication Technologies (ICT) for equitable and sustainable development.
GKPnet services (referred to collectively as the "Service") are operated by Global Knowledge Partnership Secretariat Sdn. Bhd. (or "GKP") and its affiliates (referred to collectively as "us", "we", "our" or "GKP").
By accessing or using our websites (at but not limited to www.globalknowledge.org, www.globalknowledgepartnership.org, www.gkpnet.org) and/or any of our sub- websites (such as but not limited to www.globalknowledge.org/Africa, www.globalknowledge.org/gk3) (referred to collectively as the "Websites") or by posting content on our Websites, you (the "User") are deemed to have read, understood and agreed to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of GKPnet.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without prior or further notice. Changes to these Terms of Use will however be posted on this page and we will indicate at the top of this page the date these terms were last revised.
You acknowledge and agree that GKP (or GKP's licensors) owns all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Service may contain information which is designated confidential by GKP and that you shall not disclose such information without GKP's prior written consent.
Your continued use of the Service and/or the Websites after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, then do not use or access (or continue to use or access) the Service and/or the Websites. It is your responsibility to regularly check this page to determine if there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Membership in the Service is void where prohibited. You may not use the Service or the Websites and may not accept the Terms of Use if (a) you are not of legal age to form a binding contract with GKP, or (b) you are a person barred from receiving the Services under the laws of Malaysia or other countries including the country in which you are resident or from which you use the Services.
The Service and/or the Websites which GKP provide may change from time to time without prior notice to you. GKP may stop (permanently or temporarily) providing the Service (or any features within the Service) or the Websites to you or to users generally at our sole discretion, without prior notice to you. You may stop using the Service and/or the Websites at any time and you do not need to specifically inform GKP when you stop using the Service or the Websites.
You agree to use the Service and/or the Websites only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Malaysia or other relevant countries).
If GKP disables access to your account, you may be prevented from accessing the Service and/or the Websites, your account details or any files or other content which is contained in your account.
In order to access the Service and/or the Websites, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service and/or the Websites, or as part of your continued use of the Service and/or the Websites. In this respect you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms to the Service or on the Websites ("Registration Data"); (b) maintain the security of your GKPnetID, password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to GKP, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
If you become aware of any unauthorised use of your GKPnetID, password or of your account, you agree to notify GKP immediately at gkp@gkps.net.
All content on the Websites and available through the Service, including designs, text, graphics, pictures, documents, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Content") that you may have access through your use of, the Service and/or the Websites are the sole responsibility of the person from which such Content originated.
You should be aware that in principle, GKP adopts a Creative Commons policy, so unless otherwise noted, Content featured, presented or delivered as part of the Service and/or Websites is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 License. This Policy excludes advertisements and sponsored Content presented on the Websites or via the Service, and Content within the Service which may be protected by intellectual property rights which are owned by parties who provide that Content to GKP (or by other persons or companies on their behalf).
Provided that you are eligible for use of the Service and/or the Websites, you are granted a limited license to access and use the Service and/or the Websites and Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your use, provided that you respect the conditions of the Creative Commons Attribution-Noncommercial-Share Alike 3.0 License or keep all copyright or other proprietary notices intact as marked in the Content.
Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service, the Websites or the Content other than as specifically authorised herein, without the prior written permission of GKP, is strictly prohibited and will terminate the license granted herein. Such unauthorised use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code related to the Service and/or the Websites or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by GKP, in writing.
GKP holds the exclusive rights to GKPnet and other GKP graphics, logos, designs, page headers, button icons, scripts and GKPnet service names. These rights may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of GKP.
Nothing in these Terms of Use gives you a right to use any of GKP's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. Unless you have been expressly authorised to do so in writing by GKP, you agree that in using the Service and/or the Websites, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
You represent, warrant and agree that no Content of any kind submitted through your account or otherwise posted, transmitted, or shared by you through the Service or on the Websites will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition and unless expressly authorised to do so in writing by GKP, you agree not to use the Service and the Websites to:
Without limiting any of the foregoing, you also agree to abide by our GKPnet Code of Conduct that provides further information regarding the authorised conduct of users on the Service and/or the Websites.
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, documents, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") through the Service and/or on the Websites, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content through the Service and/or on the Websites that you do not have permission to post. You understand and agree that GKP may, but is not obligated to, review the Service or the Websites and may delete or remove (without notice) any Content or User Content at its sole discretion, for any reason or no reason, including User Content that in the sole judgment of GKP violates this Agreement or the GKPnet Code of Conduct, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store through the Service or on the Websites or provide to GKP.
When you post User Content through the Service and/or on the Websites, you authorise and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content through the Service and/or on the Websites. By posting User Content through any part of the Service or the Websites, you automatically grant, and you represent and warrant that you have the right to grant, to GKP an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Service or the Websites or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorise sublicenses of the foregoing. You may remove your User Content from the Service or the Websites at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that GKP may retain archived copies of your User Content. GKP does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms of Use, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting through the Service or on the Websites any Content that violate another party's intellectual property rights. If you believe that any Content available through or on the Service or the Websites infringes upon any copyright which you own or control, you may send a written notification of such infringement, with details, to gkp@gkps.net. GKP may at its sole discretion limit access and/or terminate the membership(s) to the Service and/or Websites of any user(s) found to infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Service and/or the Websites contain (or you may be sent through the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, documents, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Service or the Websites, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us.
GKPnet offers a feature whereby users of the Service can share with others or post to their own member profile, videos, articles and other Third Party Applications, Software or Content from, and/or links to, Third Party Sites through the Service (the "Share Service"). You acknowledge and agree that your use of the Share Services and all links, User Content or Third Party Applications, Software or Content shared through the Share Service is subject to, and will fully comply with the user conduct rules set forth above and the other terms and conditions set forth in these Terms of Use.
You acknowledge and agree that while GKP may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Service or on the amount of storage space used for the provision of any feature of the Service, such fixed upper limits may be set by GKP at any time, at GKP's sole discretion.
Subject to the terms and conditions of these Terms of Use, Third Party Sites that meet the requirements set forth below may place a Share Link (as described below), in the form approved by GKP, on pages of their web sites to facilitate use of the Share Service. A Third Party Site that posts a Share Link on its web site is referred to herein as an "Online Content Provider" and shall abide and be subject to the applicable sections of these Terms of Use. A "Share Link" is a button and/or a text link appearing on an Online Content Provider's web page that, upon being clicked by a user, enables us to launch a sharing mechanism through which users can share with others or post to their own member profile, links and content from that page.
In the event that the Share Link is a button that contains any icons or other graphic images, trademarks or other proprietary materials of GKP, Online Content Provider is granted permission to use such images, trademarks or other materials solely for the purpose of placing the Share Link on Online Content Provider's site and solely in the current form provided by GKP. In the event that the Share Link is a text link, it must include the word "GKP" as part of the link. The rights granted in this paragraph may be revoked by GKP at any time with or without cause in its sole discretion, and upon such termination, the Online Content Provider agrees to immediately remove all Share Links from its site.
In order for an Online Content Provider to include a Share Link on its pages, the Third Party Site must not contain any web content that if shared or posted by a user would be a violation of the user conduct rules set forth above. Without limiting the forgoing, an Online Content Provider agrees not to post a Share Link on any web site that contains, and represents and warrants that such website does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose GKP or its users to any harm or liability of any type. Upon including of a Share Link, the Online Content Provider agrees to defend, indemnify and hold GKP, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with such Share Link, any links, content or other items or materials which may be shared or posted through such Share Link, or any breach or alleged breach of the foregoing representations and warranties.
By including a Share Link, an Online Content Provider automatically grants, and represents and warrants that it has the right to grant, to GKP an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the Share Service in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarise, and distribute the content, links and other materials of any kind residing on any web pages on which the Online Content Provider places the Share Link.
You are solely responsible for your interactions with other Service users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
GKP is committed to protecting your privacy and deals with personal information recorded through GKPnet as represented via in our Privacy Statement. By using the Service and/or the Websites, you are consenting to have your personal and/or organisational data processed by GKP.
GKP is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted through or on the Service and/or the Websites. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Service and/or the Websites and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter through or on the Service and/or the Websites or in connection with any User Content or Third Party Applications, Software or Content. GKP is not responsible for the conduct, whether online or offline, of any user of the Service and/or the Websites.
The Service and/or the Websites may be temporarily unavailable from time to time for maintenance or other reasons. GKP assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, User communications.
GKP is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the the Service and/or the Websites. Under no circumstances will the GKP be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Service and/or the Websites, any User Content or Third Party Applications, Software or Content posted through or on the Service and/or the Websites or transmitted to Users, or any interactions between users of the Service and/or the Websites, whether online or offline.
The Service (including Service applications) and Websites, and the Content are provided "as-is" and GKP disclaims any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. GKP cannot guarantee and does not promise any specific results from use the Service and/or the Websites. GKP does not represent or warrant that Content on the Website or contained within the Service are accurate, complete, reliable, current or error-free or that the Service or Websites, its servers are free or viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such Content and use industry-recognised software to detect and disinfect viruses. Without limiting the foregoing, you understand and agree that you download or otherwise obtain Content from or through the Service and/or Websites at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your computer system or mobile device, loss of data or other harm that may result.
GKP reserves the right to change any and all Content, software and other items used or contained in the Service or the Websites offered 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 therewith, by GKP.
In no event will GKP or its Directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the Service or Websites or any Content accessed through or downloaded from the Service or Websites, even if GKP is aware of has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, GKP's liability to you for any cause whatsoever, and regardless of the form of action, will at all times be limited to the amount paid, if any by, you or your organisation to GKP for the Service during the term of membership, but in no case will GKP's liability to you exceed USD500. You acknowledge that if no fees are paid to GKP for the Service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any king from GKP, regardless of the cause of action.
GKP may terminate your membership, delete your profile and any Content that you have posted through the Service or on the Websites and/or prohibit you from using or accessing the Service or the Websites (or any portion, aspect or feature of the Service or the Websites) for any reason, or no reason, at any time in its sole discretion, with or without notice. When we are notified that a user has died, we may, but are not obligated to, keep the user's account active under a special memorialised status for a period of time determined by us to allow other users to post and view comments.
By visiting or using the Service and/or the Websites, you agree that the laws of Malaysia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and GKP or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in Malaysia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts of Malaysia.
You and GKP agree that, except as may otherwise be provided in regard to specific services in any specific terms applicable to those services, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these Terms of Use, the Service and/or the Websites (including your visit to or use of the Service and/or the Websites) shall be final and binding arbitration, except that (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the GKPnet Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the Service may be arbitrated.
Arbitration under this Agreement shall be conducted by the Kuala Lumpur Regional Arbitration Centre (the "KLRAC") in accordance with its procedures. The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with the KLRAC procedures. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration or claim under these Terms of Use shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the Service and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the Service and/or the Websites (including your visit to or use of the Service and/or Websites) be instituted more than three (3) years after the cause of action arose.
You agree to indemnify and hold GKP, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Service or the Websites (including through the Share Service), your use of the Service or the Websites, your conduct in connection with the Service or the Websites or with other users of the Service or the Websites, or any violation of this Agreement or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service or the Websites ("Submissions"), provided by you to GKP are non-confidential and shall become the sole property of GKP. GKP shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms of Use with the initial letter(s) capitalised will have the meaning attributed to them in these Terms of Use.
These Terms of Use constitute the entire agreement between you and GKP regarding the use of the Service and/or the Websites, superseding any prior agreements between you and GKP relating to your use of the Service and/or the Websites. Failure by GKP to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
You may address questions regarding your use of the Service and the Websites to gkp@gkps.net.
Issuance date: 1 September 2008
GKPnet is the virtual space that allows you to connect with people from a large network of organisations all working to harness the potential of Knowledge and Information and Communication Technologies (ICT) for equitable and sustainable development.
Users use GKPnet to share knowledge, make connections for building partnerships that promote and spread the benefits of Knowledge and use of ICT for development.
GKPnet is a place where users respect the rights and feelings of others, including third party intellection property rights, and GKP sets and enforces rules for using GKPnet as detailed in our Terms of Use and in this GKPnet Code of Conduct. When you use GKPnet, you are agreeing to abide by this Code of Conduct and other rules set forth in our Terms of Use. Failure to adhere to this Code of Conduct and Terms of Use may result, among other things, in the suspension or termination of your account and the deletion of Content that you have posted through the Service and/or on the Websites, with or without notice, as determined by GKP in its sole discretion.
GKP allows you to upload and share user generated Content with other users, on a bona fide basis. We expect our users to use good judgment and respect the copyrights and other intellectual property rights of others. Therefore, in using GKPnet, you may not:
While we believe users should be able to express themselves and their point of view, certain kinds of speech simply do not belong in a community like GKP. Therefore, you may not post or share Content that:
While GKP is not responsible for the conduct of our users, we will take action against you if you:
This Content Code of Conduct is subject to change at any time at GKP's sole discretion.