GIPRs:Terms of Use

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Welcome to GIPRs! (last updated 2008-12-27)

1. Accepting the Terms

1.1 Global IPRs Research Center (hereinafter referred to as "GIPRs" or the "Website") will provide you with services according to the clauses and conditions (hereinafter referred to as the "Terms of Use") as follows: Your agreement with GIPRs will also include the terms of any legal statements applicable to the services, in addition to the Terms of Use. All of these are referred to below as the "Additional Terms". If there is any conflict of contents between the Additional Terms and the Terms of Use, the Additional Terms shall prevail.

1.2 You shall in prior read the Terms of Use with great carefulness before you access the services of the Website. Do not use any service of the Website if you do not agree with this Terms of Use.

1.3 When you click on any website functional buttons or practically use the services on any page of GIPRs, it means you have accepted the Terms of Use and it represents that you have already read and understood the whole contents of the Terms of Use and become a "User" of the Website (users of the Website can be divided into: (1) anonymous user; (2) authenticated user; (3) editor; and (4) administrator; among which "editor" and "administrator" are both "authenticated user").

1.4 The Website has the right to modify the Terms of Use and the Additional Terms from time to time. Once they are modified, GIPRs will post the latest version of the Terms of Use and the Additional Terms on the Website. You shall read the Terms of Use and the Additional Terms frequently before you use the Website. You understand and agree that your access to the services after the date of the modification of the Terms of Use or the Additional Terms will be regarded by the Website as the acceptance of the renewed Terms of Use or Additional Terms.

1.5 When GIPRs provides you with the translation in English of the Terms of Use, you understand and agree that the translation is only for your convenience. If the Terms of Use has any conflict with the translation, Chinese version shall prevail.


2. Website Service

2.1 GIPRs is a non-profit and professional website which is initiated by PRC IP lawyers based on the spirit of Creative Commons with the collaborative creation and maintenance of volunteers. GIPRs aims at enhancing the recognition of global IP legal system and promoting the process of protection on IP globalization through their research, communication and practice, focus on the development of patented technologies in industries and share of information and resources. We welcome that volunteers all over the world share their thesis, legal comments or practices as well as official texts of a legislative, administrative and legal nature and official translations without copyright issues based on the spirit of GIPRs.

2.2 The Website provides you with free spaces for posting works, submitting comments, sending and receiving website messages so as to share information and resources. Based on the full understanding of the Terms of Use, you understand and agree that: GIPRs only provides you with services under the present status when you visit it; Regarding the deletion, failure of saving, error of sending of any information, material, work, or data submitted by users, the Website shall not be liable for that. The Website reserves the right to suspend any part of the services without any notice for maintenance, update or other purposes. You shall take necessary steps to backup the information, material, work or data by yourself.

2.3 You understand and agree that regarding all the information you gained as a part of the services or via your access to the services, all the liabilities will be born by the user who posted them. GIPRs does not guarantee the legality, correctness, completeness, validity or quality of such information.

2.4 GIPRs has the rights but without obligation to select, review, mark, filter, modify, reject or delete any or all content from the services.


3. User's Account and Password

3.1 You may be required to provide personal information (including but not limited to the materials of identification or contact and etc.) to fulfill the registration and access to some services. You understand and agree that any information you provide for registration is complete, true, correct and latest. Please modify your personal information immediately if there is any change for it.

3.2 After the registration of the Website, it's your responsibility to keep your password and account confidential and safe. You shall bear all the liabilities for the activities taken with your password and account.

3.3 You understand and agree that you will contact the Website promptly and effectively according to the Terms of Use, Article 10.7 "GIPRs Contact Info" when your password and account have used by others without authorization or any other security issue has happened. You ensure that every time you finish using the Website you will safely log out at once. If you fail to follow the said procedure or keep your account and password, you shall bear all the liabilities arising from anyone's activity taking advantage of the account and password and the losses and damages caused to you or any third party, while the Website shall not be responsible for any liability.

3.4 You declare that you have reached the age of 18 when using the Website and have the capacity of entering into an agreement with the Website, observing and performing the Terms of Use. You shall bear all the liabilities for the consequences resulted from logging in and making use of the Website in your name and with your account, including but not limited to the consequences caused by any minor living together with you. Only after your fully understanding on the consequences caused by logging in the Website by others, can you let your families or others to log in the Website in your name and with your account. You shall be responsible for the consequences caused by logging in the Website of you families and others who get the authorization from you, or you shall provide proofs to show to whom the liability of the consequences shall belong. The Website shall not bear any liability for the consequences of forgoing acts of disposition of your account.


4. Representations and Warranties

4.1 You declare and warrant that you observe the following regulations when using the Website including but not limited to Contract Law of the People's Republic of China, Copyright Law of the People's Republic of China, Decision of National People's Congress Standing Committee on Safeguarding the Security of Internet, Law of the People's Republic of China on Guarding State Secrets, Regulation on Telecommunications of the People’s Republic of China, Implementation Rules for Provisional Regulations of the Administration of International Networking of Computer Information in the People's Republic of China, etc. Users shall not conduct the forgoing activities prohibited by laws and regulations (hereinafter referred to as "User's Misfeasance") including but not limited to: submitting information by posting, paste, send E-mail or in other ways: against the basic principles of Constitution; harming national security, disclosing state secrets, subverting the state power, splitting the country; prejudicing state honor and interests; provoking ethnic hatred and discrimination, undermining national unity; violating religion policy, promoting the cult and feudalistic superstition; spreading rumors, upsetting social disorder and violating the stability of the society; spreading obscenity, porn, gambling, murder, horror or instigate crimes; contempting or slandering others, infringe other's legal rights; including false, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, licentious or other repulsive on morality; "stalk" or otherwise harass another; capture, tamper, collect, store or delete personal data, E-mail or other data material about other users without lawful authorization or using such materials in connection with the prohibited or impropriate conduct and activities; take any action that will or could impose an unreasonable or disproportionately large load on our Site infrastructure; files that may damage the operation of another's computer, such as computer viruses, trojan horses, corrupt files, or other malicious, harmful or disabling code, file, software or data; submitting information on the Website by posting, pasting, sending Email or in other ways: any content made 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); content that infringes copyright, patent, trademark, trade secret, copyright or other proprietary rights of any party; "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

4.2 GIPRs has registered five domain names which are giprs.org, giprs.com, giprs.net, giprs.cn, giprs.mobi. You represent and warrant that you will not conduct the following activities against these five domain names: registering similar domain name with characters of giprs with malignance causing others' garble to the Website and leading to website with similar style or contents, or to reduce the reputation, authoritativeness and reliability of the Website in the same way.

4.3 You represent and warrant that any information, material, work or data you provide to the Website has their backup in an appropriate way to ensure that any alteration and termination of the services and the deletion to your information, material, work or data would not make any influence on you.


5. Termination

5.1 You can cancel or stop using the services provided by the Website for any reason at any time. If an authenticated user wants to cancel the account, you can notify the Website at any time according to Article 10.7 "GIPRs Contact Info" of the Terms of Use to close or delete your account.

5.2 GIPRs has the right to terminate your access to your account immediately when it is required by law that the Website shall terminate the Terms of Use, account or services with you or according to the discretion of the Website that you have already violated the contents or the spirit of the Terms of Use.

5.3 You understand and agree that the Website may terminate part of or even the entire services based on our own discretion with or even without any notice to you.

5.4 No matter how the Terms of Use, account or services are terminated, GIPRs is entitled to decide whether any content you posted on the Website shall be kept or deleted including but not limited to original works, comments and translations, while to those illegal works, they will be deleted immediately by the Website.

6. Link

6.1 For your convenience, the Website will provide some links for resources which, we regard, may be useful to you, and also some website links of third parties. These links will lead you to non-GIPRs pages which may apply different Privacy Policies. The Website do not provide any warranty to the contents, services and products on the linked website. The Website do not bear any liability for the harm done by the linked third party website to the users. Once the user accepts the Terms of Use, it is indicated that the user waives his right to take action against the Website for the forgoing losses and damages.


7. Exemption Clauses

7.1 The information is provided by the Website according to the "present status" and the Website does not make any commitment or guarantee of any nature on the adequacy, reliability, applicability, marketability, suitability, non-infringement, consequence, result or any other affairs. We do not promise and warrant that these information is or would be latest, complete or accurate. We explicitly deny any statement or warranty in other forms in any implied way.

7.2 Information and services provided by the Website shall not be deemed or performed as legal suggestions.

7.3 For information you receive and use which is transmitted by the users of the Website, no matter whether it is posted by some lawyer or some law firm, unless you have contacted and got written authorization or consent in advance, the information shall not: (1) be understood as the existence, establishment or constitution of attorney-client relationship; (2) be deemed as soliciting business; (3) be understood as communicating legal suggestions or constituting legal suggestion; (4) be substituted for legal suggestions of qualified lawyers and you shall not act according to any such information before you consult with such a lawyer. (5) transmit any confidential or sensitive information via the Website. (6) if there is no specific agreement, the Website do not guarantee and warrant that this kind of information will be protected and be treated as confidentiality.

7.4 The Website may involve information of legal practice scope, specialty, priority and etc. of the Website, some lawyer and some law firm, which shall not be deemed as (1) implying or announcing that they are lawyers, experts or law firms notarized by professional institution or government organ, or (2) measuring their experience by professional or official standard, or (3) depreciating other lawyers or law firms.

7.5 You understand and agree that even when the Website is regarded advertising or soliciting business and be deemed as not conforming to all the relevant rules, regulations and ethics of such district, the Website is not aiming at advertising or soliciting business.

7.6 You understand and agree that the Website shall not bear any liability of any direct, indirect, incidental, special, consequent or punitive losses or damages caused by or possibly resulted from your use or reliance on the information or service of the Website, no matter under what reason or cause, whether there is any prior notice.


8. Privacy Policy

8.1 You understand and agree that the Privacy Policy of GIPRs shall not constitute any contract and does not create any legal right. This Privacy Policy is the commitment of the Website to protect personal privacy and please go through the complete GIPRs Privacy Policy.


9. Proprietary Rights of the User

9.1 The Website respects your intellectual property rights and meanwhile you should also respect and not to infringe intellectual property rights of others. Before using this Website, you should fully understand the complete GIPRs Copyright Policy and Statement (GIPRs Copyright Policy and Statement is the Additional Terms of the Terms of Use and also an integral part of the Terms of Use).


10. Miscellaneous

10.1 The validity, explanation and enforcement of the Terms of Use and the relationship between you and the Website shall be both governed by laws of the People's Republic of China ("China"). Laws out of China and any rules of legal conflicts shall not be applicable to the Terms of Use. The disputes between you and the Website about the clauses of the Terms of Use or other relevant affairs shall be governed by the court of competent jurisdiction in the district where the group of the Website is located.

10.2 You understand and agree that GIPRs’ failure to exercise or delay in exercising any right, power or privilege under this Terms of Use (or under any applicable law that GIPRs is entitled) shall not operate as a waiver thereof, and any single or partial exercise of any right, power or privilege shall not preclude the exercise of any other right, power or privilege.

10.3 If any provision of the Terms of Use is invalid for conflicting with laws and regulations of China, you nevertheless agree that you should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

10.4 GIPRs Help Center provides essential prompts for accessing to the services. You are advised to read it carefully before using the services provided by the Website.

10.5 The experts, professors and lawyers of Shanghai Runhe Law Firm (hereinafter referred to as "Runhe") have all made great contribution to the Website and they will continuously support the Website in the future. It is worthwhile to be mentioned that GIPRs and Runhe are two wholly independent parties who respectively enjoy rights and bear obligations according to laws and regulations. There is no explicit or implicit warranty or other relationships between such two parties.

10.6 GIPRs reserves the rights of explanation to the Terms of Use.

10.7 GIPRs Contact Info

Notice for infringement or Statement shall be mailed to the following address and contact person:

Shanghai Runhe Law Firm

21F Shen Hang Mansion, No.198 North Zhong Shan Road,

Shanghai, China, 200071

Tel: +8621-56903890 (Ext.8015)

Fax: +8621-60911211 (Ext.5201)

E-mail: " Contact Page "

If you have any question about the Terms of Use, you can contact us via "Contact Us".