By accessing/using the Forum, the User is agreeing to be bound by these Terms of Use.
1. Definitions
In these Terms of Use,
- “Forum” shall mean the WIPO virtual platform that provides a secure space for IP developers and users who are nationals of beneficiary countries (Kenya, Philippines and Trinidad and Tobago) of WIPO project on enhancing the use of IP in Mobile Applications, so that they can interact with each other and share knowledge and ideas.
- “User” shall mean any person accessing the Forum following authorization from WIPO.
- “Materials” shall mean any material posted, uploaded, or hyperlinked by the User on the Forum.
2. User Authorization
- Any User who obtains an authorization from WIPO can access the Forum using his/her WIPO Account. A User without a WIPO Account must create an account by registering with WIPO before seeking an authorization.
- When accessing/using the WIPO Account system, the User agrees to comply with its Terms of Use, which are incorporated herein by this reference.
3. Obligations of the User
- The User shall not use the Forum for any purpose that is unlawful or not reasonably intended by WIPO. Specifically, the User is forbidden to:
- submit any solicitation, advertisement, or spam to the Forum;
- infringe, violate or misappropriate any third party’s intellectual property rights, other proprietary rights or contractual rights;
- engage in a phishing or obtain financial or other personal information in a misleading manner or for fraudulent purposes;
- impersonate other person, or falsely state or otherwise misrepresent affiliation with any person or entity.
- When visiting the Forum, the User may submit comments and express views on IP, the Forum or related matters only. By submitting comments, the User grants to WIPO a license to use, store, reproduce, distribute, and publish them. The User shall use respectful language in their communications, be mindful of cultural differences and respect diversity. The User shall not use the Forum in the following manners:
- in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
- in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable.
- The User shall not disclose confidential or sensitive information or other person’s personal or identifying information on the Forum.
- Any other abusive use of the Forum is prohibited, including to:
- use automated means, including spiders, robots, crawlers, data mining tools, or the like to monitor or copy the Forum or any Content therein;
- submit any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Forum;
- interfere or attempt to interfere with the proper working of the Forum or prevent other Users from using the Forum;
- disrupt the normal flow of dialogue with an excessive number of messages;
- otherwise negatively affect other Users’ ability to use the Forum.
- In the event of any violation of the Terms of Use, WIPO may block or terminate access of the User to the Forum.
4. Level of Service
The Forum is provided by WIPO on a “best effort” basis, 24 hours per day, 7 days per week. This Forum may be unavailable from time to time for scheduled maintenance or due to unforeseen circumstances.
5. License
Except if otherwise specified for a particular Content, the User may use, store, reproduce, distribute, communicate, publish, publicly perform, and publicly display the Content submitted by WIPO or another User, only with the express permission from WIPO or the said User, and with the condition that WIPO or the said User is credited as being the original source.
6. Representation and Warranties
- The User warrants and represents that the User owns all copyright, and any other right, necessary for the submission of the Content, and/or that any appropriate permission was obtained from the right holders, to the extent that the Content is copyright protected or protected under any other legislation.
- The User warrants and represents that the submission of the Content shall not infringe intellectual property rights, or any other rights, of any third party.
7. Disclaimers
- WIPO shall not be liable for any direct, indirect, incidental, consequential, liquidated, special, punitive or exemplary damages or penalties to the User, including, but not limited to, losses of business, revenue or profits, as a consequence of submitting or using any Content on the Forum.
- WIPO does not endorse the Content submitted by the User. The User is solely responsible for the Content submitted by him/her. WIPO shall not be liable for any claims by third parties arising out of or in any way connected to the submission of the Content by the User.
- Hyperlinks on the Forum to other websites, either created by WIPO or the User, imply neither responsibility for, nor approval of, those other websites or the content contained therein on the part of WIPO. WIPO makes no warranty, either express or implied, as to the legality, accuracy, or availability of such content.
- WIPO shall not be liable or deemed to be in default for any delays or failure in performance or interruption of the Forum resulting directly or indirectly from any cause or circumstance beyond its reasonable control.
8. Indemnification
Users shall release, defend, indemnify, and hold WIPO harmless from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with the violation of these Terms of Use.
9. Reservations
WIPO reserves the right to modify, remove or correct any Content of the Forum at any time, in its sole discretion and without prior notification.
10. Use of Logo
The User does not have the right to use the WIPO logo unless it is specifically authorized by WIPO in writing after having sent a request to WIPO.
11. Intellectual Property
The User recognizes that a particular form of compiling content, the presentation and design of the Forum are protected by applicable IP laws.
12. Personal Data and Privacy
The User acknowledges that WIPO may use his/her personal data according to WIPO’s Privacy Policy, which is incorporated herein by this reference.
13. Amendments to the Terms of Use
WIPO may amend these Terms of Use at any time at its sole discretion. Any amendments will be published on the Forum. Users shall be responsible for reviewing and becoming familiar with any such amendments. Unless stated otherwise, amendments shall take effect immediately following publication of the new Terms of Use.
14. Privileges and Immunities
Nothing in or relating to these Terms of Use shall be deemed a waiver of any privileges and immunities of WIPO as an international organization and specialized agency of United Nations.
15. Settlement of Disputes
- Any dispute between WIPO and the User arising out of or relating to these Terms of Use that cannot be resolved amicably shall be referred to arbitration in accordance with the UNCITRAL Arbitration Rules then in force. The parties shall be bound by any arbitration award rendered as a result of such arbitration as the final adjudication of such a dispute.
- WIPO shall not have any obligation or liability whatsoever with respect to any disputes between the User and another User or a third party that may arise in relation to the use of the Forum.
16. Contact Information
The User may contact WIPO at CDIP.forum@wipo.int to ask any questions related to the Forum or to flag any inappropriate Content.