TERMS AND CONDITIONS OF USE

Thank you for visiting this website.  Please read these Terms and Conditions of Use carefully before you start to use the website. You may wish to print a copy for your future reference.

Contents

Preamble

The website at url http://www.ipaware.org (“the Site”) is owned by, and operated on behalf of, the Intellectual Property Awareness Network (“IPAN”), a not for profit, charitable company limited by guarantee, registered in England under no. 7693250, with registered office at c/o the Chartered Institute of Patent Attorneys, 3rd Floor, 95 Chancery Lane, London WC2A 1DT.

Agreement for Use of the Site

Access to and use of the Site and the information available through the Site in any way are subject to all applicable laws and regulations and to these Terms of Use.  By accessing the Site, you agree to these Terms of Use which constitute a legally binding agreement you and IPAN. If you do not agree, please exit the Site.  Use of the Site includes browsing, viewing, downloading and printing material in the Site.  The Site is primarily for dissemination of business, commercial and professional information and, as such, is not intended for children or minors.

By using the Site, you confirm that you accept these Terms of Use and that you agree to comply with them.

Other applicable Terms

The following also apply to your use of the Site:

Our Privacy Policy, which sets out the terms on which IPAN processes any personal data which IPAN may collect from you, or that you may provide to it. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
Our Cookie Policy, which gives information about how cookies are used on the Site.  By continuing to browse the Site, you are agreeing to our use of cookies.

Changes to these Terms

IPAN may revise these Terms of Use periodically without notice by amending the content of this page on the Site.  Please review these Terms of Use before using the Site so that you understand the current conditions and other terms on which you are permitted access and use as they are binding on you under our Agreement.

Content and changes to the Site

The content of the Site is reviewed regularly and is provided as a service to the public to help awareness and understanding of intellectual property and related matters, given in good faith on behalf of the members of the Intellectual Property Awareness Network listed in the site.  Any views or opinions expressed in the Site, for example in the IPAN Topic Briefs, are provided for guidance only and are not binding on IPAN members nor necessarily shared by all IPAN members.

IPAN may update the Site from time to time, and may change or update the content at any time but IPAN is under no obligation to do so.  IPAN does not guarantee that the Site, or any content on it, will be free from errors or omissions.  Please contact us if you find any information or material on the Site which you believe is inaccurate or misleading.

Please note that none of the information provided in the Site constitutes legal advice and you are strongly advised to seek appropriate professional help from professional legal advisers when definitive advice or judgment is needed for specific circumstances.

Access to the Site

The Site and its content is made available free of charge for non-commercial reference and informational purposes as part of IPAN’s charitable educational objects.  Access to the Site is permitted on a temporary basis. You are responsible for making all arrangements necessary for you to have access to the Site.

IPAN does not guarantee that the Site, or any content on it, will always be available or available without interruption. IPAN may suspend, withdraw, discontinue or change all or any part of the Site without notice. IPAN will not be liable to you if for any reason the Site is unavailable at any time or for any period.

You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Intellectual Property Rights

IPAN is the owner or the licensee of all intellectual property rights in the Site, which includes the IPAN logo and name, and all material published on it. These works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Site for educational, non-commercial use and you may draw the attention of others to content posted on the Site.

You must not modify any materials you have obtained from the Site, for example by printing, copy and pasting or downloading in any way, and in particular, you must not remove the IPAN logo from any such materials.  Any illustrations, photographs, video or audio sequences, graphics and the like you have obtained from the Site must only be used together with any accompanying text and/or credit.

IPAN’s status (and that of any identified contributor) as the author of content on the Site must always be acknowledged.

You must not use any part of the content on the Site or the IPAN logo for commercial purposes without obtaining a written licence to do so from us or our licensors.  If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Limitation of liability

To the extent permitted by law, IPAN excludes all conditions, warranties, representations or other terms, which may apply to the Site or any content on it, whether express or implied.

Nothing in these Terms of Use excludes or limits IPAN’s liability arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

IPAN will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise (even if foreseeable), arising from, or in connection with, your use of, or inability to use, the Site; or your use of, or reliance on, any content on the Site.

You agree not to use the Site for any commercial or business purposes.; and IPAN has no liability to you for any loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings, business opportunity, goodwill or reputation; or any indirect or consequential loss or damage, however caused arising from your use of the Site.

IPAN has no liability for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material arising from your use of the Site or your downloading of any content on it, or from any website linked to the Site.

Viruses and other Malware

IPAN does not guarantee that the Site or other websites linked thereto will be secure or free from viruses or other forms of malware.   You are responsible for configuring your information technology, computer programs and the like to access the Site, other websites linked thereto and their content. You should use your own virus and malware protection software.

You must not misuse the Site by knowingly introducing software of any sort which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. IPAN will report any such breach to the relevant law enforcement authorities and IPAN will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

Prohibited uses of the Site

You may only use the Site for lawful purposes. In particular, you may NOT USE the Site:

  • In any way that breaches any applicable local, national or international law or regulation;
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • For the purpose of harming or attempting to harm minors in any way;
  • To send, knowingly receive, upload, download, use or re-use any material, which does not comply with our content standards;
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware; or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of these Terms of Use;
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of the Site;
    • any equipment or network on which the Site is stored;
    • any software used in the provision of the Site; or
    • any equipment or network or software owned or used by any third party; and
  • Not to advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

IPAN will determine, at its discretion, whether there has been a breach of our Agreement through your use of the Site. Failure to comply with any of the terms and conditions upon which you are permitted to use the Site constitutes a material breach of our Agreement. When such a breach has occurred, IPAN may take such action as IPAN deems appropriate including any or all the following:

  • Immediate, temporary or permanent withdrawal of your right to use the Site;
  • Issue a warning to you;
  • Institute legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • Institute other legal proceedings against you;
  • Disclose such information to law enforcement authorities as IPAN may reasonably consider necessary; and
  • Any other action IPAN may reasonably deem appropriate.

IPAN excludes liability for any of the actions it may take in response to your breaches of this Agreement.

Linking to the Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.  You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Site in any website that is not owned by you.

You must not frame the Site on any other website, nor may you create a link to any part of the Site other than the home page.  IPAN reserves the right to withdraw linking permission without notice.

If you wish to make any use of content on the Site other than as set out above, please contact us.

Third Party links and resources in the Site

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. IPAN has no control over the contents or resources of third party websites and can therefore accept no liability for such websites.  Please note that these other websites may send their own cookies to your computer, collect personal data from you, or solicit personal information from you.

Applicable law and Jurisdiction

These Terms of Use are made under English law and the Site is operated from England. Access to, or use of, the Site and information and other materials thereon may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this website. We make no representation that the information contained herein is appropriate or available for use in other locations outside England.

You agree that the courts of England shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to use of the Site, and that the laws of England shall govern such dispute or claim. However, IPAN retains the right to bring legal proceedings in any jurisdiction where it believes that infringement of this agreement is taking place or originating.

Contact us

To contact us, please email info@ipaware.org