The website located at www.kangpugroup.com (the “Site”) is a copyrighted work belonging to Kangpu Biopharmaceuticals, Ltd. (康朴生物医药技术（合肥）有限公司) (“Company”, “us”, “our”, and “we”). Certain features of the Site (collectively, “Features”) may be subject to additional guidelines, terms, Privacy Policy and all the other policies of the Site, announcements or rules, which will be posted on the Site as amended from time to time in connection with such features (the “Additional Terms”). All such Additional Terms are incorporated by reference into these website terms of use might be occasionally updated into new versions (collectively, these “Terms”). The Terms are legally binding agreements between you as the user(s) of the Site and the Company.
THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 10.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN LITIGATIONS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. COMPANY MAY AMEND THESE TERMS AT ANY TIME BY POSTING RELEVANT AMENDED AND RESTATED TERMS ON THE SITE. BY CONTINUING TO ACCESS OR USE THE FEATURES OR THE SITE, YOU AGREE THAT THE AMENDED AND RESTATED TERMS WILL APPLY AND GOVERN. IF COMPANY HAS POSTED OR PROVIDED THE TRANSLATION OF THE CHINESE LANGUAGE VERSION OF THESE TERMS, YOU AGREE THAT THE TRANSLATION IS PROVIDED FOR CONVENIENCE ONLY. AND THAT THE CHINESE LANGUAGE VERSION WILL GOVERN YOUR ACCESS USE OF THE FEATURES OR THE SITE. PROVIDED, THAT ANY DISCREPANCIES BETWEEN THE CHINESE VERSION AND OTHER TRANSLATION IN ANY LANGUAGE, THE CHINESE VERSION SHALL PREVAIL.
Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service or for any wrongful behaviors; (d) except as expressly stated herein, no part of the Site may be copied, reproduced, plagiarized, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) you shall not attempt to change, add to, remove, deface, hack or otherwise interfere with the Site or any material or content displayed on the Site. Unless otherwise indicated, any future release, update, or other addition to functionality or Features of the Site shall be subject to these Terms. All copyright, other intellectual or non-intellectual property and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
Excluding any User Content that you may provide (defined in Section 2.1 below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, trade secrets and know-how, and all the other proprietary rights in the Site and their content (collectively, “Proprietary Rights”) are solely owned by Company, Company’s affiliates or Company’s suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such Proprietary Rights, except for the limited access rights expressly set forth in Section 1.1. Company, its affiliates, officers and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted to you or any third party under these Terms.
means any and all information and content that a user submits to, or uses with, the Site (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 2.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without your permission. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
You hereby grant (and you represent and warrant that you have the right to grant) to Company a personal, irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works in any media, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
(a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including but not limited to any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any content that may cause negative impact on the Site, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vii) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
(c) you represent, warrant and agree that (i) you shall be responsible for necessary third party licenses and permissions to submit, post or display any User Content; (ii) the User Content you submit, post or display does not infringe upon or violate any of the copyright, patent, trademark, trade name, trade secrets, know-how or any other contractual or proprietary right or interest of any third party (“Third Party Rights”); and (iii) you are not a subject of any legal restrictions enacted by any country, region, international organization or jurisdiction.
(d) You further represent, warrant and agree that the User Content you submit, post or display shall:
i) be true, accurate, complete and lawful;
ii) not be false, misleading or deceptive;
iii) not contain information of defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
iv) not contain information that is discriminatory or promotes discrimination on race, gender, religion, nationality, disability, sexual orientation or age;
v) not violate any of these Terms;
vi) not violate or promote any activities violating any laws and regulations;
vii) not contain any link directly or indirectly to any websites other than or contents outside the Site that may in contradiction with these Terms.
(e) You further represent, warrant and agree that you shall/are:
i) carry on your activities on the Site in compliance with any applicable laws and regulations, and the laws and regulations of the country or region where you locate or conduct actions;
ii) conduct your actions on the Site in good faith;
iii) carry on your activities in accordance with these Terms and any applicable additional agreements;
iv) not use the Features or the Site to defraud any person or entity;
v) not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
vi) not engage in spamming or phishing, or any other unlawful activities;
vii) not involve any computer viruses or destructive devices and codes that may cause effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
viii) not involve any scheme to undermine the integrity of Company’s or user’s data, systems or networks, or unauthorizedly access to such data, systems or networks;
ix) not engage in any activities that may create any liability for Company or our affiliates.
We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 7, publicly warning you on the Site and/or reporting you to law enforcement authorities.
If you provide Company with any feedback, queries or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
You agree to indemnify and hold Company (and its affiliates and their officers, employees, and agents) harmless, including any costs and expenses inclusive of attorneys’ fees, arbitration and other legal proceeding fees, etc., from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your User Content, (c) your violation of these Terms; or (d) your violation of applicable laws or regulations, or the laws and regulations of the country or region where you locate or conduct actions. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
The Site may contain links to third-party websites and Features (collectively,“Third-Party Links”). You acknowledge, confirm and accept that such Third-Party Links are not under the control of Company, and Company is not responsible for any contents, products, services or other materials relating to such Third-Party Links. Company provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links. In no event shall Company be liable, directly or indirectly, to anyone for any damages or loss arising from or relating to any use, continued use or reliance on any Third-Party Links displayed on the Site.
Each user of the Site is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content.
You hereby release and forever discharge the Company (its affiliates and officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links).
THE SITE AND FEATURES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR AFFILIATES OR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, RELIABILITY, STABLITY, CURRENTNESS, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. UNLESS OTHERWISE STIPULATED BY APPLICABLE LAWS, WE (AND OUR AFFILIATES OR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR FEATURES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. APPLICABLE LAWS MAY NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL COMPANY (OR OUR AFFILIATES OR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SITE, WHETHER IN CONTRACTUAL OR NON-CONTRACTUAL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DIRECT DAMAGES ARISING FROM OR RELATED TO THIS THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR AFFILIATES OR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU HEREBY AGREE TO INDEMNIFY AND SAVE COMPANY, OUR AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES HARMLESS, FROM ANY AND ALL LOSSES, CLAIMS, LIABILITIES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES, ARBITRATION AND LEGAL PROCEEDING COSTS ON A FULL INDEMNITY BASIS) WHICH MAY ARISE FROM YOUR ACCESS TO OR USE OF THE SITE OR FEATURES OR FROM YOUR VIOLATION OF THESE TERMS.
Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your right to access and use the Site will terminate immediately. You understand that any termination of your right may involve deletion of your User Content from our live databases. Company will not have any liability whatsoever to you as consequence of termination of your rights under these Terms, including deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 1.2-1.4, 2 –9.
Company is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content (excluding User Content), unless otherwise indicated by Company or laws. The Site and Site Content may embody trade secrets, know-how and other intellectual property rights protected under the laws of various jurisdictions within a worldwide range. All title, ownership and intellectual property rights in the Site and Site Content shall in accordance with these Terms remain with Company, our affiliates or licensors, as the case may be. All rights not otherwise claimed under these Terms or by Company are hereby reserved. The trademarks, service marks, icons and logos of Company (the “Marks”) used and displayed on this Site are registered and unregistered trademarks or service marks of Company or its affiliates and are protected under applicable copyright, trademark, other intellectual property rights and other proprietary rights laws. The unauthorized copying, modification, use of these marks is strictly prohibited.
These Terms are subject to occasional revision or modification, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on the Site. Any changes to these Terms will be effective upon thirty (30) calendar days following our posting of notice of the changes on the Site. These changes will be effective immediately for accessing to and use of the Site. Continued use of the Site following notice of such changes shall indicate your acknowledgement, confirmation and acceptance of such changes and agreement to be bound by the terms and conditions of such changes.
(a) Unless otherwise agreed in these Terms, these Terms shall be governed by and construed in accordance with the laws of the People’s Republic of China (excl. Taiwan, Macao and Hong Kong) without regard to the conflicts of law provisions thereof.
(b) Any dispute, controversies demands, counts, claims, or causes of action arising out of or in connection with these Terms, including without limitation to execution, existence, validity, interpretation, performance or termination, shall be referred to and finally resolved by confidential arbitration administered by the Shanghai International Economic and Trade Arbitration Commission (the “SHIAC”) in accordance with the Arbitration Rules of the SHIAC for the time being in force ("SHIAC Rules"), which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Shanghai, People’s Republic of China. The language of the arbitration shall be Chinese.
(c) You and we must abide by the following rules: (i) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (ii) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (iii) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (iv) the arbitrator shall honor claims of privilege and privacy recognized at law; (v) the arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction; (vi) the arbitrator may award any individual relief or individual remedies that are permitted by applicable laws; and (vii) all costs incurred by such legal proceedings inclusive of the arbitration fees, attorney fees, travel expenses shall be borne by the losing or responsible party.
The Site may be subject to the P.R.C. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any P.R.C technical data acquired from Company, or any products utilizing such data, in violation of People’s Republic of China export laws or regulations.
The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing.
These Terms constitute the entire agreement between you and us regarding the access and use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. All or part of your rights and obligations under these Terms, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Kangpu Biopharmaceuticals, Ltd.(康朴生物医药技术（合肥）有限公司)
Address: 868 Sichuan Road, Suite 401, Building B1, Yungu Innovation Park, Baohe District, Hefei, Anhui Province, China
Email: info@KangpuGroup.com
If you have any comments or queries on these Terms, you may contact our customer service support center info@KangpuGroup.comwith any such feedback or questions.
Under no circumstances shall Company be held liable for any delay or failure or disruption of the content or the Features accessed or delivered through the Site resulting directly or indirectly from acts of nature, forces or causes unforeseeable, inevitable and beyond our reasonable control, including without limitation to, Internet failures, computer, viruses, tele-communications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, difficulties of labor or materials, fires, flood, storms, explosions, acts of God, war, epidemics, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
To avoid controversy, “Affiliate” means, with respect to Company, any other individual (nature person), corporation or business entity that directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with Company. For purposes of this definition, the term “control” and, with correlative meanings, the terms “controlled by” and “under common control with” means direct or indirect ownership of more than fifty percent (50%) of the securities or other ownership interests representing the equity voting stock or general partnership or membership interest of such entity or the power to direct or cause the direction of the management or policies of such entity, whether through the ownership of voting securities, by contract, or otherwise.
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