Terms and Conditions of Use

Peer-to-Patent is an initiative of the New York Law School ("NYLS"). Peer-to-Patent Australia is an initiative of the Queensland University of Technology ("QUT"), in cooperation with IP Australia and NYLS. The Peer-to-Patent Australia website ("Website") enables third-parties ("Contributors") to provide prior art, annotations regarding that prior art, discussion and other postings and commentary in relation to patent applications that have been submitted by patent applicants for inclusion in Peer-to-Patent Australia.

By using the Website you agree to operate under the following terms and conditions, which include these Terms and Conditions of Use, the Privacy and Security Statement, the Code of Conduct and the Copyright Notice.

You access the Website at your own risk and you are responsible for compliance with these Terms and Conditions of Use and the laws of your jurisdiction. QUT does not represent or warrant that the content of the Website complies with the laws of any country outside of Australia.

Peer-to-Patent and Peer-to-Patent Australia intellectual property

Peer-to-Patent, Community Patent Review, Do Tank and New York Law School are trademarks or registered trademarks of NYLS in the United States and/or other countries and are used with permission. Peer-to-Patent Australia is a trademark of QUT.

With the exception of submissions by contributors, and the patent applications which are included on the Website, all content, graphics, design and software on the Website are copyright © New York Law School and Queensland University of Technology and are licensed under a Creative Commons Attribution-Non-Commercial-ShareAlike 3.0 United States License.

Copyright in the contributions provided by contributors is dealt with below. Copyright in the patent applications which are included on the Website remains with the respective copyright owners.

Submissions by Contributors

Participation in Peer-to-Patent Australia may (and ideally will) entail identifying prior art, and providing annotations regarding the prior art that Contributors submit, for possible submission to IP Australia. When such prior art is available to the general public online, Contributors may identify that prior art by providing a link to it. When prior art is not generally available online, Contributors may provide a reference to that prior art (by citation or otherwise) and provide a summary of the material sufficient to communicate its relevance to other Contributors or users of the Website. These directions are explained in more detail in the Code of Conduct.

Contributors retain copyright in any discussion or other postings, commentary, or annotations ("Contributions") they provide to the site. In contributing to this site, Contributors agree to license that their Contributions under a Creative Commons Attribution 2.5 Australia Licence. This means others may copy, distribute, publish and modify these materials, including for commercial purposes, as long as they attribute the Contributor as the original author. For the full details of this licence, see http://creativecommons.org/licenses/by/2.5/au/.

QUT reserves the right to refuse to publish any Contributions, and may remove Contributions from the Website at any time.

QUT makes no warranties of any kind

QUT makes make no warranties of any kind regarding this Website and related services, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability, or fitness for a particular purpose.

The Website requires patent applications to be in a text-based format. It has been necessary for IP Australia to perform an optical character recognition ("OCR") process on the authoritative version of each patent application to produce a version which is compatible with the functionality of the Website (the "OCR Version"). Both the OCR Version and the authoritative version (in PDF format) of each patent application are included on the Website. However, the OCR Version may contain unintended errors/artifacts due to imperfections in the OCR process and QUT makes no warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose regarding the OCR Version. In addition, QUT makes no warranty that any Website pages, or the server that makes them available, are free of viruses or other harmful elements. All such warranties are expressly disclaimed.

Where any law implies a warranty into these Terms & Conditions of Use which may not lawfully be excluded, then to the maximum extent permitted by law, QUT's liability for breach of the warranty will at our option be limited to the supply of the Website again, or the payment of the cost of having the Website supplied again.

Limitation of liability

QUT excludes, to the maximum extent permitted by law, any liability which may arise as a result of the use of this Website, its content or the information on it. Where liability cannot be excluded, any liability incurred by QUT in relation to the use of this Website or the content is limited as provided under the Trade Practices Act 1974 (Cth). In no event shall QUT be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data, profits or business, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of this Website.

Website does not constitute legal advice

The information contained on this Website is not intended to constitute, and does not constitute, legal advice. If Contributors have any concerns about identifying and/or providing prior art submissions or uploading any information to this Website, they should seek legal or other professional advice before doing so.

Linked websites

This Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. QUT does not provide any warranty or take any responsibility for the content or the privacy and security practices associated with those linked websites.

Governing law and jurisdiction

These Terms and Conditions of Use will be governed by and construed in accordance with the laws of the State of Queensland, Australia. If any dispute arises out of, or in connection with, the use of the Website or these Terms and Conditions of Use, you agree to submit to the exclusive jurisdiction of the courts of the State of Queensland, Australia.

General

If any part of these Terms and Conditions of Use are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the Terms and Conditions of Use and the severed part will not affect the validity and enforceability of any remaining terms and conditions.

These Terms and Conditions of Use constitute the entire agreement between QUT, Contributors to and users of the Website and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

QUT may change the Terms and Conditions of Use at its discretion and without notice. A version of the current Terms and Conditions of Use will be available on the Website as they are changed.

If QUT does not act in relation to a particular breach by you of these Terms and Conditions of Use, this will not be treated as a waiver by QUT of its right to act with respect to subsequent or similar breaches.

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