Terms of Use

In this Web Site Terms of Use (“TOU”), we, Technology, Innovation and Investment Council e.V trading as 4iP Council (the “4iP Council”), set forth the terms by which you may use our site www.4ipcouncil.com (the “Site”). By using the Site, you are agreeing to this TOU. If you do not agree to this TOU, you may not and should not use the Site.

Copyright Notice and Use of the Site

The contents of the Site are protected by the copyright and other laws of England and Wales, its treaty countries and other jurisdictions. Except as may otherwise be provided in a written agreement you have with 4iP Council, you may not modify, copy, reproduce, republish, upload, post, transmit, transfer, or distribute in any way any of the contents of this Site. You may download content from this Site solely for your personal, non-commercial use (except as otherwise provided in a written agreement you have with 4iP Council) provided you keep intact all copyright and other proprietary notices. Any copies of the content must include 4iP Council’s copyright notice: © 2015 4iP Council. All rights reserved.

Links

This Site may contain links to third party web sites which are controlled and operated by third parties. Your use of each third party web site is subject to the terms of use and other guidelines, if any, contained within the relevant web site. You agree to review and accept such terms of use prior to using such third party web sites. 4iP Council makes no representations whatsoever about any third party web site which you may access through the website. When you access a third party web site, you agree that it is independent from 4iP Council, and that 4iP Council has no control over any content on that web site. In addition, a link to a third party web site does not mean that 4iP Council accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojans and other items of a destructive nature.

Privacy 

In order to operate and provide the Site, we collect certain information about you. Our practices with respect to the information we collect is described in our privacy policy. By agreeing to this TOU you are agreeing to our Privacy Policy. We keep information and data in the United Kingdom but may transfer it to servers, contractors, employees and third parties providing services on our behalf located around in world in various locations, including, without limitation, the United States of America, Asia and the European Economic Area. Personal information which users in the European Union provide to us may be transferred to other countries (including the United States), the data protection laws of which may differ from those of the European Union, and you expressly agree to such transfer.. By using the service, you consent to any such transfer of information outside of your country.

Disclaimer

The materials on the Site are provided "as is" and without warranties of any kind either express or implied. Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed and we therefore disclaim all liability and responsibility arising from any such reliance. To the fullest extent permissible pursuant to applicable law, 4iP Council disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title and non-infringement and any other conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. 4iP Council does not warrant that the Site or functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Site, or the server that makes it available, are free of viruses or other harmful components. 4iP Council does not warrant or make any representations regarding the use or the results of the use of the materials on the Site in terms of correctness, accuracy, timeliness, reliability, or otherwise. You (and not 4iP Council or its licensors) assume the entire cost of all necessary maintenance, repair, or correction.

Limitation of liability

Under no circumstances, including, but not limited to, negligence, shall 4iP Council be liable for any direct, indirect, incidental, special or consequential damages that arise or result from or are related to the use of, or the inability to use, the Site or any of the materials made available on or through the Site. Under no circumstances shall 4iP Council’s aggregate liability exceed £5.00 (five pounds sterling). You specifically acknowledge and agree that 4iP Council are not liable for any defamatory, offensive or illegal conduct of any user of the Site or any posting to the Site. If you are dissatisfied with the Site or any materials made available on or through the Site, or with this TOU, your sole and exclusive remedy is to discontinue using the Site.

Notices of copyright infringement 

Notifications of claimed copyright infringement should be sent to 4iP Council’s Designated Agent in writing at the following address: 

4iP Council
Blumenstraße 28
80331 München

Telephone Number of Designated Agent: +498921093304

Email Address of Designated Agent: g.scheffer@4ipcouncil.com

To be effective, the Notification must include the following:

    • A physical or electronic signature of the owner whose exclusive right is allegedly infringed or a person authorized to act on his or her behalf;
    • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    • Identification of the material that is claimed to be infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit 4iP Council to locate the material on the Site;
    • Information reasonably sufficient to permit 4iP Council to contact the copyright owner or his/her authorized agent including an address, telephone number, and if available, an electronic mail address;
    • A statement that the copyright owner or authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
    • A statement that the information in the notification is accurate, and if submitted by the owner’s authorized agent a statement under penalty of perjury, that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Within a commercially reasonable time after receipt of the written Notification containing the information as outlined in 1 through 6 above 4iP Council shall remove or disable access to the material that is alleged to be infringing and forward the written notification to the alleged infringer and take reasonable steps to promptly notify the alleged infringer that 4iP Council has removed or disabled access to the allegedly infringing material.

Counter Notification: To be effective, a Counter Notification must be a written communication provided to 4iP Council’s Designated Agent at the above provided address that includes substantially the following:

    • A physical or electronic signature of the alleged infringer;
    • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
    • A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
    • The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of Courts of England and Wales, or if the person's address is outside of the United Kingdom, for any judicial district in which 4iP Council may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.

After receipt of a Counter Notification containing the information as outlined in 1 through 4 above, 4iP Council shall provide the Complaining Party with a copy of the Counter Notification within a commercially reasonable time and inform the copyright owner or designated agent that 4iP Council will replace the removed material or cease disabling access to it within ten (10) business days. If 4iP Council’s designated agent has not received notice from the copyright owner or his/her designated agent within ten (10) business days that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity in relation to the allegedly infringing material, 4iP Council shall restore the allegedly infringing material.

Export Restrictions

You must comply with all domestic and international export laws and regulations that may apply to the software or other materials obtained from this Site.

Trademarks

4iP / 4iP Council is a brand of Technology, Innovation and Investment Council e.V.

4iP Council and GleimPetri 4IP ( www.gpip.de) should not be confused. GleimPetri 4IP is a law firm based in Germany, specialised in the prosecution and litigation of patents, trademarks and designs. 4iP Council is an industry association advocating for a strong IP regime in Europe.

Modification & Termination

This TOU is effective until modified or terminated by 4iP Council. 4iP Council may modify this TOU from time to time and the new TOU will be effective when posted. 4iP Council may also terminate this TOU at any time without notice to you. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to material downloaded from the Site, the disclaimers and limitations of liabilities, and export restrictions set forth in this agreement, shall survive.

General

This TOU shall be governed by and construed in accordance with the laws of England and Wales without giving effect to any principles or conflicts of law. If any provision of this TOU shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.