Terms & Condition

Access to these sites is provided to you, the User, subject to the following terms and conditions which may be updated by us from time to time. Also, use of certain areas of the sites is subject to additional posted guidelines or rules applicable to such areas, and those guidelines or rules are hereby incorporated by reference into these terms and conditions.

1. OVERVIEW:

The Yayasan Sabah Group as the member of the k@Borneo Project Steering Committee or k@Borneo Organization, via its k@Borneo Portal Management Team, maintain the k@Borneo web site ("k@Borneo Portal") at http://www.kborneo.com as a courtesy to those who may choose to access these sites ("Users"). The k@Borneo Portal features information about the BORNEO.

2. REGISTRATION:

You can browse the k@Borneo Portal without registering. However, you may choose to register as a member on the k@Borneo Portal to take advantage of additional services, such as collaboration, sharing of content and contributing content to the k@Borneo Portal. If you register on the k@Borneo Portal, you agree to provide current, complete and accurate registration information and to maintain such information accurate, current and complete. The k@Borneo Organization reserves the right to suspend or terminate any accounts and any and all current use of service, in the event that you provide any information that is inaccurate, not current or incomplete, or the k@Borneo Portal Management Team has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.

3. USER CONDUCT:

The K@Borneo Portal may contain bulletin boards, discussion groups, chat rooms, or other message, third party content or communication facilities (collectively, "Forums"). User agrees to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, User agrees that when using a Forum, User shall not do any of the following:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload or attach files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
Falsify the origin or source of software or other material contained in a file that is uploaded.

We reserve the right to terminate service to you, in our sole discretion, with or without notice, if we believe that your conduct fails to conform with this Agreement, to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving the k@Borneo Portal or any of its services.

4. USE OF SITE CONTENT:

The k@Borneo Portal contains information, text, graphics, software, and other content (the "Site Content"). The Site Content is protected under the copyright laws of the Malaysia and of other countries. Unless indicated otherwise on the Site Content, we ask that you contact us at administrator@kborneo.com for permission for any reproduction, modification, or distribution of such Site Content. Some Site Content has been submitted by the k@Borneo project partners, Users, and by third parties, and may be subject to more specific restrictions, as indicated on such Site Content.

5. CONTRIBUTED CONTENT:

We do not claim ownership of content you submit or make available ("Contributed Content") for inclusion in the k@Borneo Portal, its services and Forums. However, with respect to original Contributed Content for inclusion in the k@Borneo Portal, its services and Forums, you grant the k@Borneo Portal Management Team a perpetual, royalty-free license to use, distribute, reproduce, make derivative works, edit, publish, translate, publicly perform and publicly display such Contributed Content (in whole or in part) and to incorporate such Contributed Content into other works in any format or medium now known or later developed. If you contribute content that does not constitute your original work of authorship as defined under relevant Copyright Law, but a third party holds the copyright and other proprietary rights to such content, you represent and warrant to the k@Borneo Portal Management Team that you do not infringe on any third party's copyright or other proprietary rights and that you have secured all necessary permissions and licenses prior to contributing such content to the k@Borneo Portal, its services and Forums.

6. PUBLIC FORUMS:

User acknowledges that all Forums are public and not private communications. Further, User acknowledges that chats, postings, conferences, e-mails and other communications by other users are not endorsed by the k@Borneo Portal Management Team and such communications shall not be considered reviewed, screened, or approved by the k@Borneo Portal Management Team. The k@Borneo Portal Management Team reserves the right for any reason to remove without notice any Contributed Content from the Forums.

7. COPYRIGHT NOTICE:

If you believe in good faith that your copyrighted work has been reproduced on the k@Borneo Portal, including the portals' services or Forums, without authorization in a way that constitutes copyright infringement, please proceed as outlined in our Copyright Notice.

8. TRADEMARKS AND LOGOS:

k@Borneo and the k@Borneo logo, are registered trademarks of the k@Borneo Organization. The k@Borneo Portal Management Team encourages cross linking with other organizations' sites. However, the k@Borneo's trademarks should not be associated to any event, product or link to either the k@Borneo Portal without the prior consent of the k@Borneo Portal Management Team. Requests for permission to use the k@Borneo Portal's trademarks should be addressed to administrator@kborneo.com. Rigorous respect of the k@Borneo Portal branding identity (in particular use of color and font) is required in the use of the logo. Only the most recent version of the k@Borneo Portal logo should be used at all times.

9. DISCLAIMER OF WARRANTIES:

While the k@Borneo Portal Management Team endeavors to provide current and accurate information, SITE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE". THE K@BORNEO PROJECT MANAGEMENT TEAM DOES NOT WARRANT THE AVAILABILITY OF THE K@BORNEO PORTAL NOR THE ACCURACY, COMPLETENESS, OR CURRENCY OF THE SITE CONTENT OR ANY MATERIAL PROVIDED THROUGH THE K@BORNEO PORTAL, ITS SERVICES OR FORUMS, AND DOES NOT WARRANT THAT THE K@BORNEO PORTAL OPERATE ERROR-FREE, NOR THAT DEFECTS, ERRORS OR OMISSIONS WILL BE CORRECTED OR THAT THE K@BORNEO PORTAL IS COMPLETELY SECURE. THE K@BORNEO PORTAL MANAGEMENT TEAM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED, EXPRESS OR STATUTORY WARRANTIES AS TO NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR THIRD PARTY RIGHTS, TITLE, LATENT DEFECTS, UNINTERRUPTED SERVICE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUSES.

10. DISCLAIMER OF LIABILITY:

IN NO EVENT WILL THE K@BORNEO PORTAL MANAGEMENT TEAM BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL INCIDENTAL, MORAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, OPPORTUNITIES OR INFORMATION OR FOR EXPENSES ARISING IN CONNECTION WITH YOUR USE OF THE K@BORNEO PORTAL, ITS SERVICES, FORUMS OR THE SITE CONTENT, EVEN IF THE K@BORNEO PORTAL MANAGEMENT TEAM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

11. DISCLAIMER OF ENDORSEMENTS:

The k@Borneo Portal contains links to third-party web sites. The linked sites are not under the control of the k@Borneo Portal Management Team, and the k@Borneo Portal Management Team is not responsible for the contents of any linked site or any link contained in a linked site. The appearance on the k@Borneo Portal of the name or logo of another entity, or the appearance of a link to another entity's site, does not indicate endorsement or referral by the k@Borneo Portal Management Team of the other entity or its products and services, and the k@Borneo Portal Management expressly disclaims any such endorsement or referral.

12. GOVERNING LAW; CHOICE OF JURISDICTION:

This Agreement shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto hereby irrevocably submit to the non-exclusive jurisdiction of the Malaysian Courts.

Draft: Version 1.0 (30th Sept 2009)