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Terms of Use

Telecentre.org Online Community Terms of Use

 

The Telecentre.org Online Community is a venue for knowledge sharing and online collaboration among telecentre networks and practitioners, ICT for development enthusiasts, and various other stakeholders across the globe. Users of the Website are hereby encouraged to make contributions that are consistent with the intended purpose of telecentre.org as described above.

The Telecentre.org Online Community is owned and managed by Telecentre.org Foundation, a non-stock, non-profit international foundation operating under the laws of the Republic of the Philippines to continue and build on the success of the global telecentre program (telecentre.org) previously hosted by Canada’s International Development Research Centre (IDRC).

For the purposes of limitation of liability, indemnity and exclusion of warranties, “TCF” shall mean Telecentre.org Foundation, its employees, officers, trustees, social investors and major partners.

 

1. Acceptance of Terms

The Telecentre.org Online Community is provided to you subject to the following Terms of Use (TOU) which may be updated by TCF or its authorized service provider from time to time without notice to you. Users are reminded that this Website and its users are also subject to Ning's Terms of Service that should also be consulted prior to use.

 

2. Description of the Website

The Telecentre.org Online Community provides users with access to a rich collection of resources, including various communication tools, databases of information, collections of expressions, groups, forums, and knowledge content (collectively referred to as the "Website"). Unless explicitly stated otherwise, any new features that augment or enhance the current Website, including the release of new Telecentre.org Online Community sites and features, shall be subject to this TOU.

 

3. User Account, Password, and Security

Should you wish to make a contribution to the Website, you must register online and obtain a username and password upon completing the Website's registration process. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your user account. You agree to: (a) immediately notify TCF of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. TCF cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

 

4. Your Obligations as a User

In consideration of posting your contribution onto the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website's registration form (such information being the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TCF has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TCF has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

 

5. User Conduct

You understand that all information, data, articles, news, reports, studies, text, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted onto the Website (“Content”) are the sole responsibility of the person from which such Content originated. This means that you, and not TCF, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Website. TCF has limited control of the Content posted via the Website and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will TCF be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website.

 

You agree to NOT use the Website to:

 

  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, pornographic, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, otherwise objectionable or inconsistent with the purpose of the Website;
  • harm other users in any way;
  • impersonate any person or entity, including, but not limited to, a Telecentre.org Online Community member or forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
  • intentionally or unintentionally violate any applicable local, state, national or international law;
  • harass or threaten another Website user;
  • delete any author, attributions, legal notices or proprietary designations or labels in any file that is uploaded; or
  • collect or store personal data about other users.

 

You acknowledge that TCF may not pre-screen Content, but that TCF and its designees shall have the right (but not the obligation), at their sole discretion, to refuse or move any Content that is available via the Website. Without limiting the foregoing, TCF and its designees shall have the right to remove any Content that violates these TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

 

You acknowledge and agree that TCF may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these TOU; (c) respond to claims that any Content violates the rights of third-parties; and/or (d) protect the rights, property, or personal safety of TCF, Telecentreorg Online Community members, the website, its Users or the public.

 

6. International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.

 

7. Materials Submitted or Made Available for Inclusion on the Website

TCF does not claim ownership of the Content you submit or make available for inclusion on the Website. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Website, you grant TCF the following world-wide, royalty free and non-exclusive license, as applicable:

 

With respect to Content (including photos, graphics, audio or video) you submit or make available for inclusion on publicly accessible areas of the Website, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

 

Unless otherwise provided elsewhere on the Website, all Content submitted by Users on this site shall be available pursuant to the Creative Commons Attribution Share-Alike 2.5 License.

 

Any opinions, findings or conclusions presented within this Website are solely those of the authors and do not necessarily reflect those of TCF.

 

8. Indemnity

You agree to indemnify and hold TCF harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Website, your use of the Website, your connection to the Website, your violation of these TOU, or your violation of any rights of another telecentre.org user.

 

9. Links

The Website may provide, or third parties may provide, links to other World Wide Websites or resources. Because TCF may have no control over such sites and resources, you acknowledge and agree that TCF is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TCF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, use of, or reliance on, any such Content, goods or services available on or through any such site or resource.

 

10. General Information

These TOU constitute the entire agreement between you and TCF, and govern your use of the Website, superseding any prior agreements regarding the use of the Telecentre.org Online Community. The failure of TCF to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. The section titles in the TOU are for convenience only and have no legal or contractual effect.

 

11. Modifications to Website

TCF reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that TCF shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

 

12. Termination

You agree that TCF or its assignees, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Website, and remove and discard any Content within the Website, for any reason, including, without limitation, for lack of use or if TCF believes that you have violated or acted inconsistently with the letter or spirit of the TOU. TCF may also, at its sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of this TOU may be effected without prior notice, and acknowledge and agree that TCF may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Website. Further, you agree that TCF shall not be liable to you or any third-party for any termination of your access to the Website.

 

13. DISCLAIMER OF WARRANTIES

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

 

i. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TCF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

ii. TCF MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

 

iii. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

iv. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE TELECENTRE.ORG ONLINE COMMUNITY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

 

14. LIMITATION OF LIABILITY

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TCF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TCF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE.

 

15. Violations

Please report any violations of the TOU to website administrators.

 

16. Interpretation

These TOU will be interpreted and enforced in accordance with the laws of the Republic of the Philippines.

 

17. Privacy Statement

i. What does this Privacy Statement cover?

This Privacy Statement covers TCF’s treatment of personally identifiable information that it collects, uses and discloses in connection with your use of the Website.

 

ii. Information Collection and Use

TCF collects and records User information on its server logs from your browser including your IP address, telecentre.org cookie information and the page(s) you requested.

 

In addition, TCF collects personally identifiable information (“Personal Information”) when you register as a User intending to post materials onto the Website. When you register, you must at least provide your full name and e-mail address. TCF also collects optional information on the city, state/province, and country, language of preference, professional interest, and personal credentials.

 

TCF uses Personal Information for the following purposes: improving the quality of the Website; aggregating non-identifiable User profile information for statistical purposes; and finally, responding to and tracking your requests for information or support.

 

iii. Information Sharing and Disclosure

TCF will not sell or rent your Personal Information. TCF may however provide Personal Information to outside third parties where:

 

  • your consent to share such information has been obtained;
  • the third party authorized to operate this Website must contact you;
  • such release is required in order to provide you with the support you requestedsuch release is required in order to provide you with the support you requested;
  • such release is required by law or pursuant to a court order; or
  • your actions on the Website violate one or more of the TOU.

 

iv. Cookies

TCF may set and access the Telecentre.org Online Community site cookies on your computer, used to identify your User account and allow for the proper functioning of the Website.

 

v. Editing your Information and Preferences

As a registered User, you may edit your Information and Preferences at any time, including whether or not you want TCF to send you correspondence.

 

vi. Changes to this Privacy Statement

TCF may amend this statement from time to time. If TCF makes any substantial changes in the way it uses your personal information, TCF will notify you by posting an announcement on its homepage and/or another similar method.

 

Users are also encouraged to consult Ning’s policy that deals, among other things, with information on the location of Ning’s servers and the use, collection and distribution of personal information.

 

 

18. Online Community

This Website is part of a comprehensive and globally accessible online community for telecentre networks, telecentre service delivery partners, and telecentre operators. The Website is developed using Ning platform, with early customizations by Forum One Communications. TCF is responsible for editing and administration.  Unless otherwise indicated, the Website content is available pursuant to a Creative Commons Attribution Share-Alike 2.5 License.

 

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