Terms of Use of Arctic Vision Official Website

Dear Users,

Arctic Vision official website (www.arcticvision.com) (“Official Website”) is owned, managed and maintained by [Arctic Vision (Shanghai) Biotechnology Co., Ltd.] (“Arctic Vision”, “we” or “us”). Please read these Terms of Use (“Terms”) carefully. By accessing and continuing to use our Official Website, you agree to each and every one of these Terms. Please do not use our Official Website if you do not agree to these Terms.

You warrant that you possess the legal capacity to agree to these Terms in accordance with laws in the country where you reside.

I. Overview

These Terms are legally binding and apply to our services provided on our Official Website.

Please not that our Official Website may include third-party services or links, which are not operated or provided by Arctic Vision. Before using their contents or services, you should read their terms of use carefully, if any. Arctic Vision is not responsible for the services or contents provided by any third party.

These Terms apply to individual or corporate users residing or incorporating outside of the People’s Republic of China (“PRC”). For individual or corporate users in the PRC, the Chinese version of the Terms of Use  will apply.

II. Use of Our Sites

You are entitled to use services through our Official Website. Subject to your compliance with these Terms, we hereby grant you, a limited, non-transferable, non-exclusive, revocable and non-sublicensable license to utilize our contents for non-commercial use. In any case, the contents and services of our Official Website shall not be sold or transferred. All rights not specifically granted in these Terms are reserved by Arctic Vision.

Users shall comply with the following requirements when using our Official Website:

1. You shall use our Official Website in compliance with, and only as permitted by, applicable laws.

2. You shall not use our Official Website to infringe the intellectual property rights of others, or to commit an unlawful activity.

3. You shall not, use, or access our contents for the purpose of promoting a product or service or for any other purposes which may be in conflict with the business and interest of us.

4. You shall not misuse our contents by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions provided by us.

5. You shall not access, store, distribute or transmit any virus, malware, Trojan horses or otherwise interferes with any user’s access to the Official Website;

6. You shall not access, store, distribute or transmit any material that:

a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;

b) facilitates illegal activity;

c)  depicts sexually explicit images;

d) promotes unlawful violence;

e) is discriminatory based on race, gender, color, religious belief, sexual orientation, disability; or

f)  in a manner that is otherwise illegal or causes damage or injury to any person or property.

7. You shall not:

a) use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Official Website, or in any way reproduce or circumvent the navigational structure or presentation of the Official Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Official Website. Arctic Vision reserves the right to bar any such activity.

b) You may not attempt to gain unauthorized access to any portion or feature of the Official Website, or any other systems or networks connected to the Official Website or to any Arctic Vision server, or to any of the services offered on or through the Official Website, by hacking or any other illegitimate means.

c) You may not probe, scan or test the vulnerability of the Official Website or any network connected to the Official Website, nor breach the security measures on the Official Website or any network connected to the Official Website.

d) You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Official Website or Arctic Vision’s systems or networks, or any systems or networks connected to the Official Website or to Arctic Vision.

e) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Official Website or any transaction being conducted on the Official Website, or with any other person’s use of the Official Website.

f) You may not use the Official Website for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Arctic Vision or others.

III. Intellectual Property

We protect our and your intellectual property rights as below:

1. Unless otherwise provided in these Terms or stated on the Official Website, the intellectual property rights of the content (including but not limited to software, technology, program, web page, text, picture, chart, appearance design, newsletters, code, etc.) on the Official Website shall belong to Arctic Vision. You shall not duplicate, copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise without the prior written permission of Arctic Vision.

2.  Unless with otherwise agreed by the users, Arctic Vision will not use, modify, copy, publicly disseminate, alter, distribute or publicly display the results of your intellectual property rights.

3.  If any entity or individual considers any content of our Official Website may infringe its legitimate rights and interests, they may deliver a written notice to us and we will respond and handle the notice promptly.

4. Unless otherwise provided in these Terms or stated on the Official Website, the intellectual property rights of marks and logos on our Official Website, “极目”, including without limitation to “Arctic Vision” and other words, graphics and their combinations, other logos, symbols, the name of our services and technical documents the Official Website, are owned by Arctic Vision and its affiliates.

IV. Privacy Policy

We respect your privacy and value the trust you place in Arctic Vision when you share your personal data with us. Please read the Privacy Policy which describes how we process your personal data carefully. If you have any questions about our privacy policy or its collection, use, or disclosure of your data, you can send e-mail to communications@arcticvision.com.

V. Indemnification

YOU SHALL INDEMNIFY AND HOLD ARCTIC VISION AND ITS AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES HARMLESS AGAINST AND FROM ANY LIABILITIES, DAMAGES, COSTS OR EXPENSES (INCLUDING WITHOUT LIMITATION SETTLEMENT COSTS AND REASONABLE ATTORNEYS’ FEES) OF ANY KIND ARISING OUT FROM OR IN CONNECTION WITH YOUR BREACH OF THESE TERMS.

VI. LIMITATIONS ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ARCTIC VISION, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA OR CONTENT, DOCUMENTATION, OR PROFITS, SERVICE INTERRUPTION, COMPUTER DAMAGE, COST OF SUBSTITUTE SERVICES, INABILITY TO USE ARCTIC VISION’S CONTENTS, PRIVACY LEAKAGE, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY ARCTIC VISION’S CONTENTS OR BY FAILURES OF ARCTIC VISION’S CONTENTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ARCTIC VISION KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ARCTIC VISION BE LIABLE FOR CLAIMS ARISING FROM OR RELATED TO ARCTIC VISION’S CONTENTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. ARCTIC VISION DISCLAIMS ALL LIABILITY OF ANY KIND OF ARCTIC VISION’S LICENSORS AND SUPPLIERS.

VII. These Terms May Change

Arctic Vision reserves all rights to make any and all changes in the Official Website at its sole discretion without prior notice to the user. Arctic Vision reserves the right to deny access to the Official Website to anyone at any time without prior notice. Changes may be periodically incorporated into this material. Arctic Vision may make improvements and/or changes in the products, services and/or programmes described in these materials at any time without notice.

All amendments are hereby incorporated into these Terms by reference and become effective upon the revised Terms posted at the website or otherwise made available to you. Continued use of our Official Website following the notice will indicate your acknowledgment and agreement to be bound by these revised Terms.

VIII. Other Agreements or Terms

When you use services on our Official Website, some other agreements or terms, such as sales agreements or license agreements, may also apply to specific contents or services. Before using these contents or services, you shall fully agree to each and every one of these agreements or terms.

IX. Notice

Arctic Vision will notify users of the modification of these Terms or other important matters, through website announcement or other reasonable means at its discretion.

X. Governing Law and Dispute Resolution

The laws of the PRC shall govern these Terms. Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be first settled by the parties through friendly negotiation. In case the negotiation fails, either part may submit the dispute to the People’s Court of the place where Arctic Vision is incorporated.

XI. Miscellaneous

1. The title of these Terms is for reference only and shall not be used to interpret any provision of these Terms.

2. These Terms constitute the entire and exclusive understanding between you and Arctic Vision with respect to the use of our Official Website, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Arctic Vision and you with respect to the Official Website. Arctic Vision’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms. If a court or tribunal should find that one or more rights or provisions set forth in these Terms are invalid, you agree that the remainder of these Terms will remain in full force and effect and that the invalid provision will be enforceable to the fullest extent permitted by law.

3. You may not assign or transfer these Terms and any rights or obligations, by operation of law, without Arctic Vision’s prior written consent. Any attempt to assign or transfer these Terms, without such consent, will be null. Arctic Vision may freely assign or transfer these Terms to any other persons without any restriction.

XII. Right of interpretation

Arctic Vision reserves the right to interpret any provision of these Terms.