The PatentServ Service consists of PatentServ Software (as defined below), and other products, services and websites hosted or made available by PatentServ (collectively, the “Service”). In exchange for being enabled to use the Service, By logging on to PatentServ, users accept the following General Terms and Conditions (hereinafter the "GTC").
These GTC shall govern the contract relationship between the User and PatentServ, irrespective of which PatentServ websites the User registers with or logs on to.
The User enters into this agreement on the use of Services with DAWSONS, CO., LTD., 6F, No. 56-3, Lane 89, Ssu Wei Rd., Nan Yao Li, Changhwa City, 50058, Taiwan.
The User can print out, download and or save these General Terms and Conditions at any time, even after the agreement has been closed, under the "Terms Of Service" link that appears on the PatentServ websites.
2. Subject Matter
PatentServ offers registered and unregistered users a Chrome Extension called "PatentServ Reader" which provides add-on functions on content originating at another party's web site. Depending on whether registration exists, the PatentServ Reader may provide different function set for different users when users deploy the PatentServ Reader.
PatentServ also offer "PatentServ KM" websites for registered users with two options: a) a free membership (with a limited feature set hereinafter referred to as "Free Membership") and b) several paid memberships for individuals and organisations (with more advanced feature set hereinafter referred to as "Paid Memberships").
Details about the applicable fees for the Paid Memberships are set forth on the PatentServ websites under "http://www.patentserv.com/pricing.html." The fees listed are binding. Payments for the Paid Memberships shall be due immediately upon invoicing. Payment can be made using the various debiting procedures available, especially with the accepted credit cards, or the available online payment systems. If PatentServ is unable to collect any fees from an account designated by the User due to lack of funds, the User shall bear all costs arising there from, including bank charges related to any debit entries or similar charges, insofar as the User is responsible for the event that triggers these costs. PatentServ may deliver invoices to the User for Paid Memberships by email.
The User acknowledges and agrees that PatentServ owns all legal right, title and interest in and to the Service, including, without limitation, all software comprising a part of the Service that is hosted on PatentServ’s servers, such as the PatentServ KM websites, and all software deployed by you, such as PatentServ Reader (the “PatentServ Software”).
PatentServ shall only make data and/or information provided by the User available for other uses provided that this data and/or information does not violate any laws or these GTC. PatentServ is entitled to remove any prohibited data and/or information from the Service without prior notice to the User.
The User acknowledges and agrees that it is technically impossible to achieve 100% availability of the Service. PatentServ shall nonetheless endeavor to keep the Service available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond PatentServ's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the Service.
3. Registration, and Representations and Warranties upon Registration
Users must register prior to using any of the services on the PatentServ KM websites.
The User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User shall report any changes in the registration data to PatentServ without undue delay.
The User shall choose a password upon registration. The User is obliged to keep this password secret. PatentServ shall not disclose the password to any third party and PatentServ shall not ask for the User's password at any time.
By completing the registration process on the PatentServ KM websites, the User consents to enter the agreement to use the Service. PatentServ accepts this offer by activating the membership for the use of the PatentServ KM websites. The agreement takes effect with the aforementioned acceptance by PatentServ or when the User deploys the PatentServ Reader.
Each User is entitled to register with PatentServ only once.
4. Right of cancellation for consumers
The User may cancel registration for the Free and Paid Memberships by email within two (2) weeks without stating a reason. The two-week period begins when membership is activated by PatentServ.
All Paid Memberships have a 30 days trial in which the user can cancel the membership at any time. After the 30 days trial, the payment is done and an invoice is issued. After receipt of the invoice the user can not cancel the current payment.
For meeting the cancellation deadline in each of the aforementioned cases, the date of dispatch of the cancellation notice is decisive. The User may deliver notice of termination using the contact form available at PatentServ websites, or by sending an email to PatentServ. The email address of PatentServ can be found at http://www.patentserv.com/contact.html.
The User's right of termination under section "Termination of Membership, Reimbursement of Advance Payments" shall not be affected by the User's cancellation right under this section.
Consequences of cancellation
In the event of a valid cancellation of a Paid Membership, both parties shall be obliged to restore any benefits already received in accordance with legal provisions, and issue any gains (e.g. interest). If the User is unable or partially unable to restore the benefits, or only able to restore them in poor condition, to PatentServ, then the User must reimburse PatentServ for the corresponding value. The User must fulfill obligations for reimbursement within 30 days after dispatch of the cancellation notice.
5. Obligations of the User
To comply with all applicable legislation, and respect all third-party rights. In Particular, the User shall not
Use any insulting or defamatory contents, regardless of whether said contents are directed at another user or PatentServ personnel or other companies
Use any pornographic materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors
Use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law.
The User is prohibited from the following:
Employing any mechanisms, software or scripts when using the Service. However, the User may use the interfaces or software provided by PatentServ within the scope of the Service.
Blocking, overwriting, modifying and copying of any contents of the PatentServ websites, unless said actions are necessary for the proper use of the Service. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of the Service, and is therefore prohibited.
Performing any actions which may impair the operability of the Service, particularly actions which may overload said Service.
6. Changes to the Service
PatentServ reserves the right to modify the Service and/or to offer services different from those offered at the time of the User's registration at any time, unless this is unreasonable for the User.
7. Termination of Membership, Reimbursement of Advance Payments
The User may terminate the Free Membership at any time without cause. The User may deliver notice of termination using the contact form available on PatentServ websites at any time. The termination notice shall include the User's registered name and an email address of the User registered on one of the PatentServ websites.
The User may terminate without cause the Paid Membership to the end of the minimum runtime chosen by the User in the course of the registration process, or to the end of any renewal period after said minimum runtime expires, by giving notice of fourteen (14) business days. The user may deliver notice of termination using the contact form available on PatentServ websites, or by sending an email to PatentServ. The termination notice shall include the registered name of the User and an email address of the User registered on the PatentServ websites. If the User has terminated the Paid Membership, the User is entitled to retain a Free Membership until such termination takes effect. The provisions of this section shall not affect the right of both parties to terminate the agreement for good cause.
A good cause is defined as an event which makes it unacceptable for PatentServ to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of PatentServ against the User's. A good cause includes any the following events:
If the User fails to comply with any applicable legal provisions
If the User breaches a contractual obligation, in particular an obligation set forth in sections 3 and 5 of these GTC
If the reputation of the services offered on the PatentServ websites is substantially impaired by the online-presence of the User;
If the User causes harm to any other user(s)
In the event of a good cause in accordance with this section and notwithstanding PatentServ's right to terminate the contract in accordance with this section, PatentServ is entitled to:
Delete the contents posted by the User
Issue a warning, or
Block the User's access to the services on the PatentServ websites.
In the following cases, the User shall not be entitled to claim reimbursement of any advance payments:
If PatentServ has terminated the contract for good cause pursuant to section 7,
If PatentServ has blocked the User's access in accordance with section 5, or
If the User has terminated the agreement. However, the User's right to claim reimbursement of any advance payments shall not be excluded in this case if the User has terminated the agreement for a good cause attributable to PatentServ.
8. Responsibility for the User's Content, Data or other Information
PatentServ does not make any warranties or representations regarding any data and/or information provided or made available by any of the Service or on any external websites linked to them. In particular, PatentServ does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.
9. Customer Service/Support
Queries regarding agreement with PatentServ or regarding the Service can be sent by the customer to PatentServ using the contact form available at all times on PatentServ websites, or by sending an email to PatentServ. The email address of PatentServ can be found at http://www.patentserv.com/contact.
10. Liability of PatentServ
Whatever the legal grounds, liability for damage claims based only on ordinary negligence against PatentServ (including its vicarious agents) shall exist only if PatentServ breaches a basic/cardinal obligation under this agreement. In this event, the amount of claims are limited to typical and foreseeable damages.
You agree to indemnify and hold PatentServ, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these GTC or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
The Service Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PATENTSERV EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) PATENTSERV DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PATENTSERV OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
12. Data Protection
13. Right to Contents
When the User posts his or her contribution to a forum, the User grants PatentServ an unlimited, irrevocable and assignable right of use for the respective contribution, which PatentServ is entitled to utilize for any purpose. In particular, PatentServ is entitled to keep said contribution on the forum, and on its websites and the websites of its partners, or use it for marketing the forum in any other way.
Consequently, PatentServ has a right of use over all contributions to discussion forums it operates. Duplication or the use of these contributions or their contents in other electronic or printed publications is prohibited without the express written consent of PatentServ. Copying, downloading, dissemination, distribution and storing of the contents of PatentServ and/or third parties, with the exception of the cache memory when searching for forum pages, is prohibited without its express consent.
14. Final Provisions
These GTC and any amendments thereto must be in writing to be valid. No secondary agreements exist.
PatentServ reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the User. PatentServ shall give due notice of any amendments of these GTC to the User. If the User does not object to the applicability of the revised GTC within two (2) weeks after receipt of said notice, the amended GTC shall be deemed to be accepted by the User. PatentServ shall inform the User about the User's right to object and of the relevance of the objection deadline in said notice.
Unless otherwise stated in these GTC, the User may submit all notices to PatentServ by email or using the contact mechanism provided on the PatentServ websites. PatentServ may send notices to the User by email or post to the addresses given in the User's current contact data in user account.
If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which most closely approximates the intent and economic effect of the invalid and/or unenforceable provision. This also applies to contractual loopholes.
The place of performance under these GTC shall be PatentServ's main place of business. Place of jurisdiction, insofar as legally admissible, shall be the main place of business of PatentServ.
These GTC and the relationship between you and PatentServ (including any dispute) shall be governed in all respects by the laws of Taiwan and shall be considered to have been made and accepted in Taiwan, without regard to conflict of law provisions.
If any provision of these GTC 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 GTC remain in full force and effect.