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ERC - Terms and Conditions of Use of Site and Notice of Take Down - PLAIN ENGLISH -FINAL.pdf 233KB application/pdf View/Open
ERC Digital donation memorandum -PLAIN ENGLISH OFFICIAL.pdf 243KB application/pdf View/Open

 

Digital Collection

Terms and Conditions of Use
and Notice of Take Down

Welcome to the Education Resource Centre (ERC) Digital Collection website of the Hun Sen Library, Royal University of Phnom Penh.  This website is maintained as a service of the Hun Sen Library. When you  use this website and the digital database, you agree to the following terms and conditions of use.  Please review these terms and conditions carefully.  If you do not agree to these terms and conditions, you should not use the Education Resource Centre Digital Collections website.

  1. AGREEMENT.  This Agreement (“the Agreement”) describes the Terms and Conditions for access to and use of the ERC Digital Collection of the Hun Sen Library of the Royal University of Phnom Penh (referred to as “the Site”, “the database” and “The ERC, HSL, RUPP” in this document).   This Agreement may be changed at any time by the ERC, Hun Sen Library and the changed Agreement will be effective immediately upon uploading to the ERC website.   Every time you use this website, you agree to these Terms and Conditions of Use.   
  2. OWNERSHIP.  The website and all items included in this website database are the property of the ERC, HSL, RUPP or the copyright holders as per the Donation Agreement. The website and the items in the database are protected by the Copyright Law of Cambodia and any laws regarding patent, trademark and other ownership rights.   You may never claim ownership rights or any other rights to the content of the documents in the database unless you are the true copyright holder. You may never claim ownership rights or any other rights to the ERC digital database.
  3. SITE USE.  ERC, HSL, RUPP allows you to use the website and the items in the database for your own personal use and for academic research only.  You can reproduce, distribute, give away any of the content of the database only IF you follow the Copyright Law of Cambodia.  You also cannot reproduce the database.  If you do not follow these rules, the ERC, HSL and RUPP can take away your right to use the website and the database.
  4. COMPLIANCE WITH LAWS. You agree to follow all applicable laws regarding your use of the Site.  You also agree that information provided by you is true to the best of your knowledge. 
  5. PROTECTION FROM RESPONSIBILITY OF COSTS.  If the ERC, HSL and/or RUPP, including all its partners, employees, and affiliates,  is sued for any user’s violation of this Agreement, then the user will defend the ERC, HSL and/or RUPP in court and pay for all costs  involved in that court action.
  6. PROTECTION FROM BLAME FOR DIGITIZATION.  The ERC tries to digitize the documents in the same condition as it received them.  If you do not approve of the quality of digital process and results, you cannot blame the ERC, HSL or RUPP.  You can only stop using the database.
  7. PROTECTION FROM BLAME FOR CONTENTS.  You agree that The Education Resource Centre, Hun Sen Library and/or the Royal University of Phnom Penh, cannot and will not be responsible for any information contained in the documents included in the ERC Digital Collection database.  ERC, HSL and /or RUPP also cannot and will not be held responsible for how you use the information contained in the items in the ERC Digital database. 
  8. If you do not agree with the items in the database or you do not like the website access to the database or the database itself, your only action is to stop using it.
  9. COPYRIGHT.  If you believe you are the copyright owner or are authorized by the copyright owner and that your work has been copied in a way that violates the Cambodia Law on Copyright, please  contact the ERC and provide all of the following information to ERC, HSL, RUPP:
    1. Your electronic or physical signature or a person you appointed  and is authorized to act for you;
    2. The title, and any other description of the copyrighted work that you claim is violating the copyright law;
    3. A description of where the copyrighted work that you claim is violating copyright law material is located on the Site;
    4. Your address, telephone number , and e-mail address;
    5. A statement by you that describes  why you  believe that the use does not follow the copyright law; and
    6.  The information in your statement that you are the copyright owner or are authorized to act by the copyright owner must be true or you will be held responsible for making untrue statements(s);
    7. Please date your statement.

See below for Contact for Notice of Claims of Copyright Violation
10.  APPLICABLE LAW. You agree that if there is a conflict between you and the ERC,HSL and/or RUPP, the conflict will be ruled only by the laws of the Kingdom of Cambodia.  
11. SCOPE AND VALIDITY. If an official court in Cambodia considers any part of this Agreement is unenforceable or invalid, that part will be changed or removed.  The other parts of this Agreement will continue to be applied.  
12.  TERMINATION.  ERC, HSL, RUPP may terminate this Agreement at any time, for any reason with or without notice.
     
        HOW TO CONTACT US for Notice of Claims of Copyright Violation:
By Mail:  Education Resource Centre c/o Hun Sen Library, Royal University of Phnom Penh, Russian Federation Blvd. Khan Toul Kork, Phnom Penh, Kingdom of Cambodia.
By Phone: +855 23 630 3032
By Mobile: +855 89 818 687
By  e-mail:  sophal_nan@yahoo.com  
                - subject:   Education Resource Centre Digital Collection copyright


 

Donation Agreement

  1. Purpose:  The Education Resource Centre (ERC) is an important Special Collection of the Hun Sen Library (HSL) of the Royal University of Phnom Penh (RUPP). It is being developed to provide quality resources for those involved in and researching Education in Cambodia. It will be especially useful for the Master Programme in Education (M.Ed.) students and Faculty members to improve their research abilities into Education in Cambodia. The materials will also be valuable to those in the Ministry of Education, Youth and Sport, in national and international organizations involved in Education development in Cambodia and for those outside Cambodia interested in research into Education issues in Cambodia.

The ERC will provide the materials in two ways:  through

  1.  Catalogued hard copy materials located in the Hun Sen Library and,
  2. Softcopy, which will be available online.  

(A list of additional online resources that are of importance in Education will also be available on the Hun Sen Library, ERC website).
PLEASE NOTE: The Education Resource Centre, Hun Sen Library and/or the Royal University of Phnom Penh cannot and will not be held responsible for any information contained in the documents included in the ERC Digital Collection database. This is the responsibility of the author(s). The ERC, HSL and/or RUPP also cannot take responsibility for any use made of the information in the documents.

  1. Terms:
    1. Education Resource Centre – Hun Sen Library – Royal University of Phnom Penh (known as “ERC”)
    2.                                                                                                (“Donor”)
    3. Items listed in Appendix A (“Donation”)
  2. ERC Digital Collection: a digital collection of donated documents, including softcopy donations  (“ERC Digital Collection”)
  3. Rights and Obligations of ERC
    1. Donor agrees that the Donations, if hard copy, may be digitized and put into the ERC Digital Collection, or if soft copy, may also be included in the ERC Digital Collection;
    2. ERC staff will scan donated digital items for viruses;
    3. Only ERC staff can digitize and enter  items into the ERC Digital database;
    4. ERC will identify the author(s) and copyright holder(s) where provided;
    5. ERC will not make any changes to the Donations to be digitized other than removal of hand-written notes or as per clauses in 6.1;
    6. The Donor agrees that if the HSL/ ERC staff decides that any item(s) is not suitable scanning/digitising because of physical reasons (e.g. too big for scanner, too dirty or old) or not suitable to include in the ERC either as hard copy or as soft copy because of content, then it will not be entered into the ERC Collection or Digital database.
  4. Rights and Obligations of Donors who are Authors and Donors who are not authors
    1. Donor may direct ERC to remove access to the donated items from the ERC Digital Collection public access, in accordance with ERC Notice of Take Down policy;

5.2 If hard copy donations have been given to the ERC, the Donor cannot take them back.

  1. Copyright License and Protection against Loss of Money, any other Loss, Responsibility etc.
    1.  The Donor agrees that these rights are forever, are applicable world-wide, and will not involve any payment for use (royalties);
      1. Donor gives the ERC the right to include the descriptive information (author, publisher, date of publication, title, subject headings etc.) and a summary or abstract of the item, in any format such as in digital form, hard copy, on CD etc.  for the purpose of keeping the  documents as part of the Education Resource;
      2. Donor gives the ERC the rights to reproduce, change the format, translate, and distribute the Donations, in both digital and hard copy;
      3. The Donor must permit the ERC to allow the free and open use of the database and the items in the database, as described in the Terms and Conditions of Use of the Education Resource Centre Digital Collection (see Policies).
    2. If the Donor believes any of the following statements are not correct, the Donor must contact ERC within 15 days of receiving this Agreement. Donor agrees and warrants that:
      1. To the best of the Donor’s knowledge, the Donor has the right and authority to agree to this Memorandum /Agreement;
      2. If the Donation is based upon work that has been sponsored or supported by any organization,  the Donor has  completed all obligations required by the contract or agreement with  that sponsor;
      3. To the best of Donor’s knowledge, the Donation follows  the  Copyright Law of Cambodia and any other intellectual property rights of any other person;
      4. If the Donation contains written or other material such as drawings, art, graphs etc. that were created by someone else and for which Donor does not hold copyright, then the Donor has either obtained the permission of the copyright owner to grant to ERC the rights required by the license and/or ensures that the material is clearly identified and acknowledged in the text or content of the Donation;
      5. The Donation does not contain any confidential information belonging to others, nor any defamatory or other unlawful material, and does not improperly invade the privacy of others.
    3.   The Donor will  declare that the ERC, HSL and/or RUPP is not responsible if another person tries to claim that the ERC, HSL or RUPP is responsible  for copyright or intellectual property wrong doing contained in the item(s) donated.
    4.  If ERC receives proof of copyright wrong doing, or a Donation contains any confidential or information belonging to others that has not been approved,   or is defamatory,   the relevant item(s) will be removed from public view within a reasonable amount of time. A copyright violation is the responsibility of the author(s).
  2. Acceptance
    1. This is the only Agreement between Donor and ERC regarding Donations to the ERC and their use.
    2. Unless the Donor notifies ERC in writing within 15 days of receipt of this Agreement, Donor will have accepted and be bound to the terms recited above.

Date:                                                                                                                     Date:
Representative of ERC:                                                                                 Donor or representative of Donor
[signature]_______________________                                                            [signature]_______________________
Print name: ______________________                                                             Print name: ______________________

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