PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES OF GLOBAL DEVELOPMENT PROJECT KENYA, INC, FROM HENCE REFERRED TO AS (GDPK), ITS AFFILIATES OR AGENTS (“GDPK” OR “WE”) WITH LINKS TO THIS TERMS OF USE (COLLECTIVELY, THE “WEBSITE”) IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”) BY GDPK OR USERS OF THE SITE (“USERS”), CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE WEBSITE YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH GDPK, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE CUSTOMER, AND TO BIND THAT COMPANY TO THE TERMS OF USE. THE TERM “YOU” REFERS TO THE LEGAL ENTITY IDENTIFIED AS THE CUSTOMER WHEN YOU REGISTERED ON THE WEBSITE AND YOU INDIVIDUALLY AND PERSONALLY AGREE TO COMPLY WITH ALL TERMS APPLICABLE TO SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE, THE APPLICATION OR THE SERVICES.
We may link to or present additional terms for certain of our Services. If you use those Services, you agree to follow and abide by our “Supplemental Terms” for such Services (and those Supplemental Terms will be part of the “Terms”). Those Supplemental Terms will control if there is any conflict between the Supplemental Terms and Terms of Use.
To use the Website and Services, you must be (and represent that you are) of legal age to form a binding contract and you must have the authority to enter into these Terms of Use on behalf of yourself, or on behalf of the company you represent (“you”). Respect our wishes and do not use this site and services if you cannot agree to that, or any other term herein.
We know that your privacy is important, so we created a privacy policy that describes our collection, use and disclosure practices regarding any personal information that you provide to us. While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to help ensure the safety of your personal information. However, you understand and agree that such steps do not guarantee that the Website is invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities. We reserve the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information.
We may at our sole discretion change, add, or delete portions of these Terms at any time on a going-forward basis. It is your responsibility to check these Terms for changes prior to use of the Website, and in any event your continued use of the Website or Services following the posting of changes to these Terms constitutes your acceptance of any changes. We will notify you of any such material changes by posting notice of the changes on the Website, and/or, in our sole discretion, by email.
1. How It Works. Our Services include a giving system to accept and process donations from you (“Donations”) and to then re-grant donations to charities and other qualifying organizations and projects as we so designate.
1.1 Our Role. GDPK merely provides a platform for Donations to projects that we’re directly involved with or support.
1.2 Donations. Donations made to GDPK are complete and final charitable gifts and are not refundable. GDPK is a tax-exempt public charity described in Section 501(c)(3) of the Internal Revenue Code.
1.3 Charities’ Usage. GDPK may offer a donor the ability to indicate preferences for specific use of the funds. If you express such a preference, it will be noted, but it does not and cannot guarantee that funds will be used in an exact manner consistent with any such preference, and neither GDPK or affiliates are responsible for or will be held liable for the ultimate handling of such preferences. You hereby acknowledge that any designation of a donation use is merely an expression of preference and does not give rise to any contractual obligations. In addition, federal law prohibits Charities from promising or providing goods and services in exchange for making a donation to the organization.
Use of the Services and GDPK Properties. The Application, the Software, the Website, the Services, and the information and content available on the Website and in the Services (as these terms are defined below) (collectively, the GDPK Properties”) are protected by copyright laws throughout the world. Subject to the Terms, GDPK does not grant anyone authority to reproduce portions of the GDPK Properties for the sole purpose of using the Services for your personal or internal business purposes, unless otherwise specified by GDPK in a separate written request.
2.1 Application License. Subject to your compliance with the Terms, in the event GDPK offers a mobile application, GDPK grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes.
2.2 Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the GDPK Properties or any portion of the GDPK Properties, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other GDPK Properties (including images, text, page layout or form) of GDPK; (c) you shall not use any metatags or other “hidden text” using GDPK name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the GDPK Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) access the GDPK Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the GDPK Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the GDPK Properties. Any future release, update or other addition to the GDPK Properties shall be subject to the Terms. GDPK, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the GDPK Properties terminates the licenses granted by GDPK pursuant to the Terms.
1. Registration.
3.1 Registering Your Account. In order to access certain features of the GDPK Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered an account on the Website (“Account”) or has a valid account on the social networking service (“SNS”) through which the User has connected to the Services (each such account, a “Third-Party Account”).
Responsibility for Content.
4.1 Types of Content. You acknowledge that all Content, including the GDPK Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not GDPK, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the GDPK Properties (“Your Content”), and other Users of the GDPK Properties, and not GDPK, are similarly responsible for all Content they Make Available through the GDPK Properties (“User Content”).
4.2 No Obligation to Pre-Screen Content. You acknowledge that GDPK has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although GDPK reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that GDPK pre-screens, refuses or removes any Content, you acknowledge that GDPK will do so for GDPK’s benefit, not yours. Without limiting the foregoing, GDPK shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
4.3 Storage. Unless expressly agreed to by GDPK in writing elsewhere, GDPK has no obligation to store any of Your Content that you Make Available on the GDPK Properties. GDPK has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the GDPK Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that GDPK retains the right to create reasonable limits on GDPK’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by GDPK in its sole discretion.
Ownership.
5.1 GDPK Properties. Except with respect to Your Content and User Content, you agree that GDPK and its suppliers own all rights, title and interest in the GDPK Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or the GDPK Properties.
5.2 Trademarks. GDPK and other related graphics, logos, service marks and trade names used on or in connection with the GDPK Properties or in connection with the Services are the trademarks of GDPK and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the GDPK Properties are the property of their respective owners.
5.3 Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the GDPK Properties.
5.4 Your Content. GDPK does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the GDPK Properties, you represent and warrant that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
5.5 Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on the GDPK Properties, you hereby expressly permit GDPK to identify you by your username (which may be a pseudonym) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
5.6 Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of GDPK.
5.7 Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
5.8 Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to GDPK through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that GDPK has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to GDPK a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the GDPK Properties.
User Conduct.
6.1 Commercial Activities. You agree that you will not, under any circumstances (except to the extent expressly authorized by the Terms):
(a) Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the GDPK Properties (including your Account), or access to or use of the GDPK Properties;
(b) Upload, post, e-mail, 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;
(c) Use the GDPK Properties or any part thereof for any commercial purpose, including, but not limited to communicating or facilitating any commercial advertisement or solicitation;
(d) Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise); or
(e) Market any goods or services for any business purposes.
6.2 Unauthorized Use or Access. You agree that you will not, under any circumstances:
(a) Interfere or attempt to interfere with the proper functioning of the GDPK Properties or connect to or use the GDPK Properties in any way not expressly permitted by the Terms;
(b) Systematically retrieve data or other content from our GDPK Properties to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
(c) Use, display, mirror or frame the GDPK Properties, or any individual element within the GDPK Properties, GDPK’s name, any GDPK trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without GDPK’s express written consent;
(d) Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through the GDPK Properties or that is in transit from or to the GDPK Properties, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the GDPK Properties;
(e) Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the GDPK Properties, whether through the use of a network analyzer, packet sniffer or other device;
(f) Make any automated use of the GDPK Properties, or take any action that imposes or may impose (in GDPK sole discretion) an unreasonable or disproportionately large load on the infrastructure for the GDPK Properties;