ChinaCases.Org Registration Agreement
Effective Date: November 20, 2020
Thanks for registering as a user ("You") with the Global Platform of China Cases (hereinafter "ChinaCases.Org" or "the Site"). The Site is owned and operated by the China Europe International Business School (hereinafter "CEIBS"). This agreement is a legally binding agreement between You and CEIBS. Please read the agreement carefully before registering as a user with the Site.
By completing your registration and clicking "Agree" at the bottom of this page, You acknowledge that You have fully read, understood and agreed to this agreement.
By accessing the Site, You agree to be legally bound and abide by all terms and conditions of this agreement in their entirety, just as if You had signed this Agreement. There are some parts of the agreement that we would like to draw your attention to in particular. These parts are in bold and underlined.
If You have any queries, please contact us via email at chinacases@ceibs.edu or by calling +86-21-28905345 (business days).
1. Definitions
The terms listed below shall have the same meaning throughout this agreement unless otherwise specified:
1.1 "ChinaCases.Org" is owned and operated by CEIBS. Its website is www.ChinaCases.Org.
1.2 "Cases published by ChinaCases.Org" means cases included on ChinaCases.Org, including Chinese and English language cases, teaching notes, videos and other supporting materials.
1.3 "Login name" is a unique, one-to-one account registered with ChinaCases.Org. Each account shall be linked to a single user. You will not allow anyone else access to your login details, user name or password. If your status or identity changes, You shall send formal notification of the change to the Site's administrator within three working days via email and update the Personal Information section on the Site.
1.4 "Use" means but is not limited to online browsing, downloading and printing.
1.5 "Reproduction" means but is not limited to making single or multiple copies of the case content either in full or in part through printing, photocopying, monoprinting, audio or video recording, duplicating or taking screenshots.
1.6 "Distribution" means but is not limited to providing case content either in full or in part to third parties through sale or gifting.
1.7 "Dissemination" means but is not limited to making case content accessible to third parties through broadcasting, posting on the internet or providing electronic copies of the cases to third parties.
1.8 "Adaptation" means but is not limited to adapting, translating, annotating and reorganizing the case contents.
2. General Terms
The Site is owned and operated by CEIBS. You must agree to be legally bound and abide by this Agreement and the "ChinaCases.Org Privacy Policy," complete the registration process and gain approval from the Site's administrator to become a user. All notifications, announcements, emails or other communications from the Site shall be considered part of the Agreement and legally binding.
3. Intellectual Property Rights
3.1 CEIBS retains all copyright and related proprietary rights of the Site and its content. All the text and graphic content on the Site (including but not limited to text, graphics, pictures, files, documents, audio and video recordings), along with the intellectual property rights of technical and non-technical elements such as its unique logo, page design, layout, infrastructure, data files, programs and software belong to CEIBS. No natural person or entity shall use any content or elements, whether for commercial or non-commercial purposes, without written authorization from CEIBS. This usage includes but is not limited to reproducing, modifying, adapting, translating, displaying, disseminating, broadcasting, performing, distributing, uploading, reprinting or deriving other works.
3.2 If using any content from the Site in any form, You shall agree to cite "ChinaCases.Org" and clearly indicate the author(s) of the content.
3.3 You may only download cases by following the application process and filling out the application form accurately. Downloaded content shall then only be used in accordance with the purposes and scope specified in the application. You are not permitted to forward download links or downloaded files to third parties, distribute, modify or derive other works, or use the content for purposes not specified in the application. In case of violation, the Site reserves the right to suspend or terminate the account of the user and take legal action against the offender.
3.4 Case content and related comments on the Site represent the standpoint of the author alone. If any third party claims that the contents or elements in the cases violate the third party's intellectual property rights, other legal rights or interests, the author(s) shall defend, at their own expenses, and indemnify CEIBS for any and all expenses, damages, liabilities, legal fees or other losses arising from or by reason of any such claims made by the third party.
4. User Registration and Account Termination
4.1 User Registration
(1) The Site requires real-name registration (by creating an account via the registration web page or through the Site administrator). Only one account may be created per user. The account remains the property of CEIBS. You shall not allow anyone else access to your login details. Any attempt to do so may result in suspension or termination of the account.
(2) When You register via the Site, You agree to provide accurate information, read and give consent to this Agreement and the "ChinaCases.Org Privacy Policy." You will become a user of the Site after completing the registration process and gaining the administrator's approval. You will receive an email notifying You as an authorized user. For licensed schools and institutions, the administrator will create accounts for users based on the personal information they have provided.
① When You register and create an account via the Site, You agree to abide by any relevant laws in force and follow the Site's instructions to provide true, complete and valid information. If the Site doubts that the information provided by You is inaccurate, false or incomplete, the Site reserves the right to request for clarification, or to delete relevant information, and suspend or terminate all or part of services for the account. The Site shall not be liable for any consequences arising from the failure to provide the services, while You shall bear all direct or indirect losses or consequences arising therefrom.
② You (including the licensed schools and institutions) are required to update the user's information in a timely manner, including but not limited to the email address, phone number, changes in the home schools or institutions, to ensure effective communications between You and the Site. The Site shall not be held liable for any disruption of services due to incorrect, misleading or fake information or if the user fails to update personal information on time.
4.2 Account Security
(1) You have sole responsibility for protecting the security of Your user name and password. You are legally responsible for any action or event associated with Your account. The Site shall not be held liable for theft of user accounts or passwords or any consequences arising from such theft.
(2) You shall immediately report any misuse of your account or security issues to chinacases@ceibs.edu or +86-21-28905345.
(3) The Site reserves the right to monitor user activity on the Site. If the Site detects any abnormal activity, it will suspend services in part or in full for the relevant account without advance notice. You may be required to provide details of your intended use. The Site reserves the right to suspend or terminate the account.
4.3 Account Termination
(1) In case of violations of laws and regulations or any breach of the Terms of this Agreement, the Site reserves the right to suspend or terminate the account or services in part or in full.
(2) The Site reserves the right to terminate an account that has not been accessed for 12 consecutive months, and that has no associated active service. Should You wish to regain access, You must re-register.
(3) You shall stop using this Site if You disagree with any updates made to the Agreement or are dissatisfied with the Site's services.
(4) Once your account is terminated, your access to the Site will be denied. The Site reserves the right to terminate the transmission of any unprocessed information or unfulfilled services to the account.
5. Proper Use of ChinaCases.Org
5.1 For users of licensed schools or institutions through purchasing contracts with CEIBS:
(1) You may use ChinaCases.Org cases within the scope of teaching activities stipulated in the Purchasing Agreement signed between your home school or institution and CEIBS. You shall not use the cases, either in full or in part, for any other commercial or non-commercial purposes beyond the aforementioned scope. The instructor materials (including the teaching notes) shall not be used for any purpose other than the user's personal reference when teaching a case. It shall not be reproduced in any form or distributed by any means to a third party.
(2) When viewing cases online, downloading preview copies or official copies for classroom teaching, You shall provide true, accurate and complete information, including but not limited to the course name, teaching date and the number of students, etc.
(3) When using a case for teaching, You are responsible for the supervision of any unauthorized duplications made of the case and for ensuring that the case is not passed on to a third party, either in full or in part.
(4) You shall not modify or remove any copyright-related information (including the water print protection) such as the copyright disclaimer, sources, authors, purposes and usage, from any copies of the cases, teaching notes and related materials.
(5) If You resign from your home school or institution that has a purchasing agreement with CEIBS, You shall notify the administrator of the Site within three working days of Your departure from that school or institution by emailing chinacases@ceibs.edu. The administrator will adjust Your access scope accordingly. Failure to notify the Site may result in the Site suspending or terminating Your account at any time or cancelling all or part of the services provided to You.
5.2 For users whose affiliated schools or institutions have not signed purchasing contracts with CEIBS:
(1) You shall access the Site and its services within the authorized scope stipulated in the email notification sent by the Site administrator. You shall not access the cases and any materials beyond the scope of authorization, including but not limited to duplication, distribution or dissemination of any content.(2) For users who have acquired limited authorization to preview or download cases and related materials, You shall provide true, accurate and complete information for any usage. You shall not modify or remove any copyright-related information (including the water print protection) such as the copyright disclaimer, sources, authors, purposes and usage, from any copies of the cases, teaching notes and related materials.
5.3 Without express written authorization from CEIBS, no other natural person or entity is allowed to access or use the cases and all related materials of ChinaCases.Org (either in full content or in part), including but not limited to reproducing, modifying, adapting, translating, displaying, disseminating, broadcasting, performing, distributing, uploading, reprinting any content or deriving other works, whether for commercial or non-commercial purposes.
6. Rules Governing Site Usage
6.1 You are legally responsible for all comments You post on the Site. When accessing the Site, You shall comply with Chinese laws and regulations. You shall:
(1) Comply with Chinese laws and regulations when transmitting information outside China;
(2) Refrain from using services on the Site for illegal purposes;
(3) Refrain from interfering with or disrupting services on the Site;
(4) Comply with all agreements, regulations, procedures and standard practices of the Site.
6.2 You shall not transmit or communicate any information that is unlawful, harassing, libellous, abusive, threatening, harmful, vulgar or obscene. You shall not transmit or communicate any material that incites crime, contributes to adverse conditions in the country, or involves national security and state secrets; or any material against Chinese laws and regulations; You shall not enter other computer systems illegally or without approval. The Site will terminate your account immediately if You fail to comply with the aforementioned Terms of Use. You shall take full legal responsibility for Your activities on the Site. If You distribute and communicate subversive or pornographic information or other information against laws and regulations, the Site's records may serve as evidence of Your alleged unlawful activities.
6.3 The Site takes no responsibility for the deletion or storage failure of the information You post. The Site reserves the right to determine if Your activity complies with the requirements and spirit of the Terms of Use. In case of violation, the Site reserves the right to suspend or terminate services to You at any time.
7. Privacy Protection of User's Personal Information
When providing You with products and services, CEIBS and the Site may collect, store and use your personal information (including your usage status and data). CEIBS and You bear legal responsibility for account security. Privacy protection of the user's personal information and usage data shall be conducted in compliance with the "ChinaCases.Org Privacy Policy."
7.1 The Site will disclose your personal information only under the following circumstances:
(1) You have given your explicit consent and authorization;
(2) As stipulated by laws and regulations;
(3) As mandated by the competent authorities and legal procedures;
(4) To protect the intellectual property rights of the Site during a lawsuit or arbitration against You;
(5) To protect the interests of the general public.
7.3 The Site takes appropriate and reasonable security measures that conform to industry standards to protect your personal information. However, the internet environment is not 100% secure. We will use commercially reasonable efforts to ensure your personal information security.
8. Disclaimer
8.1 You acknowledge that You have sole responsibility for any risks and consequences of using the Site's services. The Site will not be liable for your loss.
8.2 The Site assumes no liability for the delay, insecurity, mistakes in connection with using the Site. The Site makes no guarantee of meeting users' requirements or fulfilling services.
8.3 The Site does not endorse the content on any third-party websites or links and does not make any representations regarding the authenticity, accuracy, completeness or any other aspect of the content of such sites or links. Your use of third-party websites or links is done at your own risk and subject to the terms and conditions of use of such sites. The Site shall not be liable for any direct or indirect damages or costs arising therefrom.
8.4 CEIBS reserves the right to update ChinaCases.Org content, including but not limited to adding, deleting or revising any cases or related materials.
8.5 CEIBS reserves the right to optimize, improve or upgrade the platform used for hosting the Site.
8.6 If the Site fails to operate properly due to the following conditions and thus becomes inaccessible to You, the Site is not liable for any compensation but shall endeavour to minimize losses or impacts to You. Such conditions include but are not limited to:
(1) System maintenance including optimization, improvement, upgrades or system shutdown;
(2) Data transmission is suspended due to problems with telecoms equipment;
(3) System failure due to a force majeure such as a typhoon, earthquake, tsunami, flood, power outage, war and terrorist attack;
(4) Service interruption or delay due to cyber-attack, technical adjustment or telecom carrier failure, website upgrade or banking issues;
(5) Other reasons beyond the liability of the Site.
8.7 The Site shall not be liable for any losses arising from the following products or services available on the Site:
(1) Network services provided to You free of charge;
(2) Any products or services provided to You free of charge.
8.8 The Site reserves the right to suspend, change or terminate its services (or any part of it) at any time without advance notice and assumes no liability toward its users or any third party.
9. Scope of Liability and Indemnity
9.1 Legal responsibility of the Site shall be limited to the terms in this Agreement.
9.2 If any third party claims that your use of the Site services, your breach of the Site agreement or any activity under your account violate their legal rights or interests, You shall defend, at your own expense, and indemnify the Site for any and all expenses, damages, liabilities, legal fees or other losses arising from or by reason of any such claims made by the third party.
9.3 Unless otherwise specified in the Agreement or otherwise agreed between the Site and You with respect to a specific product and/or service, in any case, You agree that the total liability of the Site under the Agreement shall not exceed the total amount of service fees charged to You.
10. Updates and Changes to the Agreement
10.1 The Site reserves the right to amend, modify or withdraw this Agreement at any time without advance notice and will post it on www.ChinaCases.Org. You should revisit the Site periodically to review the Terms and Conditions to which You are bound. If You disagree with any terms, You may stop using the Site's services at any time. Your continued usage of the Site following the posting of any changes to the Agreement will mean You accept those changes.
10.2 The Site may, at its own discretion, choose to notify You about modifications to the Agreement, changes to services or other important events via an announcement on www.ChinaCases.Org, email or mobile phone text message. Notifications shall be deemed to have been delivered to recipients on the day they are sent, as the Site trusts that the contact information provided by You is complete, accurate and effective.
11. Appendix
11.1 This Agreement is governed by the laws of the People's Republic of China. In case of any conflict between the terms and clauses in the Agreement and the applicable laws in China, those clauses will be reinterpreted according to the law, while other clauses will remain effective and in force.
11.2 The Agreement is written in Chinese and English. In case of any discrepancy, the Chinese version shall prevail.
11.3 Disputes arising from the Agreement shall be settled in accordance with the laws of the People's Republic of China and shall be subject to the jurisdiction of the Shanghai Pudong People's Court.
11.4 CEIBS reserves the right to interpret and modify the terms of the Agreement.
Special Notice:
Article 39 of the P.R.C. Contract Law provides that "where a contract is concluded by way of standard terms, the party supplying the standard terms shall abide by the principle of fairness in prescribing the rights and obligations of the parties and shall in a reasonable manner, call the other party's attention to the provisions whereby such party's liabilities are exempted or limited and shall explain such provisions upon request by the other party."
The Site hereby makes a special statement as follows in accordance with the law:
The Site will notify You of all relevant terms in a reasonable, specific and attentive way by using Bold, Capitalized, Italic or Underlined characters, and You may also notice that terms not highlighted include phrases like "Take No Responsibility," "Shall Not," "Shall," "May Not" and "Etc." These terms may put You in a passive, inconvenient or disadvantaged position under particular circumstances, so please read them again before You click the Accept button. You and the Site confirm that the aforesaid terms are not the terms provided in article 40 of P.R.C. Contract law that "Exempt the Drafter from Liabilities, Aggravate Liabilities of the Other Party, and Exclude main rights of the Other Party."
If You require an explanation of any clause, You shall stop using the services immediately and contact the Site administrator via email or telephone. If You do not contact the Site administrator and click agree on the Agreement, both parties acknowledge that the Site has fulfilled its legal obligation in accordance with legal provisions, and has given You enough time and right of option to determine whether or not You accept this agreement or its alteration.
Given that the Site has presented the legal provision and fulfilled its obligation as the standard terms drafter, clicking the Accept button will be deemed accepting every and all terms of this agreement and accepting the validity and effectiveness of the highlighted terms. You may not claim or ask a court or any third party to confirm the invalidity or ineffectiveness of the relevant terms of this Agreement on the grounds that the Site has failed to notify You in a reasonable way or perform the obligation of explanation at your request.