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OPEN MIND

OPEN MIND Terms of Use

    Welcome to the use of the OPEN MIND website and services, which refers to the website providing information, products and services under the brand name “OPEN MIND” (hereinafter referred to as the “Website” or the “Site”). (hereinafter referred to as “the Website” or “the Site”). (hereinafter referred to as “OPEN MIND”) on the basis of the following terms and conditions.

    I. General Provisions

    1. Important Note: When accessing this website or accepting the services provided by this website, users should carefully review the terms and conditions of the OPEN MIND Terms of Use (hereinafter referred to as the “Terms and Conditions”), including the disclaimer that exempts or restricts the responsibility of this website and the restriction of the rights of the user (minors should be accompanied by a legal guardian when reviewing the Terms and Conditions). (minors should be accompanied by a legal guardian when reviewing). If the user does not accept these Terms and/or any modifications thereto from time to time, the user shall refrain from using or voluntarily cancel the relevant services provided by this Website.

    2. By accessing or browsing the contents of this website, or by registering or logging in to this website by checking the box of consent, or by using the services provided by this website in any way, you agree to be bound by these Terms and Conditions, as well as the other terms and conditions and guidelines of service, including acceptance of any modifications made from time to time to the Terms and Conditions of Use by OPEN MIND. If you do not accept these terms and conditions, you should not click “Agree” and use the services of this website. The User agrees to review these Terms and Conditions and the Online Policies posted on the Site on a regular monthly basis and to be notified of any revisions by means of a notice of revisions sent by e-mail or posted on the Site. Users agree that by continuing to use the Services after being notified of any revisions, users agree to abide by any such revisions. If User is dissatisfied with the Site Services or any related terms, conditions, rules, or policies, User's sole and exclusive remedy is to stop using the Site Services and terminate User's account. Users may complete the account termination process by logging into their account and selecting the 'Deactivate Account' option on the 'Account Settings' page and following the instructions on the page.

    3. The services provided on this website and their content are owned by OPEN MIND and are protected by relevant copyright laws, trademark laws, international conventions and other intellectual property laws and regulations, and may not be reproduced or disseminated without the written authorization of OPEN MIND. Unless expressly stated in the Services, all product or service names or logos appearing in the Services are trademarks or registered trademarks of OPEN MIND. Failure to identify the trademarks associated with product or service names or logos does not constitute a waiver of OPEN MIND's trademarks or other intellectual property rights in such names or logos, and OPEN MIND reserves the right to pursue legal liability in connection therewith.

    II. Second, the user rules of use

    1. Prerequisites for use
    If you use the Services, you shall provide OPEN MIND with current, complete and accurate registration information in order to obtain the registration account and password provided to you by OPEN MIND. You undertake to update your registration information to OPEN MIND at any time during the use of the Services. OPEN MIND will not be held responsible for incorrect, false or incomplete account information and reserves the right to stop providing the Services at any time without any liability. In order to maintain the confidentiality of your account, you shall take the necessary measures to limit unauthorized use of/access to your computer or mobile device and ensure that your login password is not disclosed to any third party. You agree to accept responsibility for all activities that occur under your account or on your logged-in device, including, but not limited to, transactions, posting of information, modification of data, etc. You are responsible for all activities that occur under your account or on your logged-in device. In the event of loss or leakage of account and password information, you are obliged to notify OPEN MIND immediately and change your password to ensure the security and normal use of your account. OPEN MIND will not be liable for any losses, liabilities and claims arising from the unauthorized use of your account password.

    2. Protection of intellectual property rights
    2.1 Except for products or services expressly provided by third parties, all content (including but not limited to text, images, files, materials, architecture, page design) on the Site and data and materials provided in the Services are owned by OPEN MIND in accordance with the law with respect to its intellectual property rights, including but not limited to trademarks, patents, copyrights, trade secrets, and the like. All rights to third party data and materials involved in the Site and Services remain the property of the third parties. Any authorized viewing, copying, printing and distribution of the information content on the Site and the Services is prohibited for commercial purposes and must include OPEN MIND's copyright notice.
    2.2 No one may use, modify, reproduce, publicly communicate, adapt, disseminate, distribute or publicly publish the data or content on this website without the written consent of OPEN MIND, and OPEN MIND reserves the right to pursue the relevant legal responsibility.
    2.3 Respecting intellectual property rights is your obligation, and in case of violation, you shall be liable for damages, including but not limited to direct and indirect losses suffered by OPEN MIND as a result.
    2.4 Protection of third party rights
    (1) All content posted on the OPEN MIND website is the sole responsibility of the publisher, who, as a network service provider providing information storage space, is only obliged to delete content that infringes the rights and interests of third parties in accordance with relevant laws and regulations. When the right holder finds that any content posted on OPEN MIND's website infringes on his/her legitimate rights and interests, the right holder shall send a written notice to OPEN MIND requesting OPEN MIND to delete such content or break the links to such content. The notice shall contain the following information (and the right holder shall be responsible for the authenticity of the notice):

    • the name (name) of the right holder, a copy of his/her identification (certificate of registration of the organization), contact details and address;
    • The name and network address of the infringing content requested to be removed or unlinked;
    • Proof of the right holder's ownership of trademark rights, copyrights and/or other rights that can be exercised in accordance with the law in respect of the allegedly infringing content;
    • Signature of the right holder (with official seal).


    (2) Upon receipt of the notice from the right holder, OPEN MIND will immediately delete the allegedly infringing content or break the link to the allegedly infringing content, and at the same time forward the notice to the user who has provided the content (the “Publishing User”); in the event that the Publishing User has an unknown network address and is unable to forward the notice, OPEN MIND will post the notice on OPEN MIND's website at the same time. If the publisher's network address is unknown and forwarding is not possible, OPEN MIND will post the content of the notification on the OPEN MIND website at the same time.
    (3) If the Publishing User, upon receipt of the notice forwarded by OPEN MIND, believes that the content provided by the Publishing User does not infringe on the rights of others, he or she may submit a written explanation to OPEN MIND requesting that the deleted content be reinstated or that links to the disconnected content be restored. The written statement shall contain the following information (the Publishing User shall be responsible for the authenticity of the written statement)

    • Name (title) of the publishing user, a copy of his/her identification (certificate of registration of the organization), contact details and address;
    • The name and network address of the content for which restoration or restoration of links is requested;
    • Proof that the publishing user owns trademark rights, copyrights and/or other rights that can be exercised in accordance with the law and do not constitute an infringement of such content;
    • Signature (stamped) of the publishing user.


    (4) Upon receipt of the written instructions from the Publisher, OPEN MIND may restore the deleted content or restore the link to the disconnected content, and at the same time forward the written instructions from the said Publisher to the right holder.
    (5) All such notices, explanations and related materials shall be sent in writing to the following address:
    or by e-mail to Info.China@openmind-tech.com.
    The aforesaid right holders and posting users shall guarantee the authenticity and accuracy of the notices and explanations sent by them, and shall accordingly bear all the legal liabilities for the aforesaid deletion and restoration acts of OPEN MIND (including, but not limited to, the investigation fees, transportation fees, notary fees, litigation or arbitration fees, attorney's fees, and other expenses paid or incurred by OPEN MIND as a result of such acts), and OPEN MIND shall not be liable in accordance with the law for the aforesaid OPEN MIND shall not be liable for the deletion and restoration.

    3. User account, password and security
    Once a user becomes an officially registered user of OPEN MIND, he or she can receive the corresponding data services through the OPEN MIND User Center. In order to ensure the security of the account, the user should change the password regularly. The specific operation procedure is as follows: log in to OPEN MIND User Center, enter the 'Account Settings' page, select the 'Change Password' option, enter the current password and the new password, confirm the new password and click 'Save' to complete the password change. After confirming the new password, click 'Save' to complete the password change. Users can change their passwords at any time as needed, and keep their passwords strictly confidential. Users should immediately notify OPEN MIND in writing of any unlawful use of their account or any breach of security on the platform.

    4. Obligations of users
    OPEN MIND exempts users from liability for statements made through this website, and users assume full legal responsibility for their statements. Users shall not use the data provided by OPEN MIND to jeopardize national security, disclose state secrets, infringe upon the legitimate rights and interests of the national community and citizens, or use the data provided by OPEN MIND to produce, reproduce and disseminate the following information:
    (1) inciting to resist or undermine the implementation of the Constitution and laws and administrative regulations;
    (2) Inciting subversion of state power and overthrow of the socialist system;
    (3) incitement to split the country and undermine national unity;
    (4) inciting ethnic hatred, ethnic discrimination, and undermining national unity;
    (5) fabricating or distorting facts, spreading rumors, and disturbing social order;
    (6) Promoting feudal superstition, obscenity, pornography, gambling, violence, murder, terrorism, or abetting crimes;
    (7) Publicly insulting others or fabricating facts to slander others, or making other malicious attacks;
    (8) Damaging the credibility of state organs;
    (9) Other violations of the Constitution and laws and administrative regulations;

    5. Termination
    (1) Users may cancel their accounts at any time for any reason by accessing their account settings and selecting the “Logout” button.
    (2) If the User violates national laws and regulations or these Terms and Conditions, provides OPEN MIND with false or misleading information, or interferes with other Users' use of the Site's services, OPEN MIND shall have the right to immediately terminate these Terms and Conditions, the User's password, the User's account or the User's use of the Site's services, without liability, and shall have the right to pursue the User's legal liability. In the event that OPEN MIND suffers any damage or is subject to any dispute, lawsuit, claim, etc. from a third party, the User shall indemnify OPEN MIND for the corresponding damages, and the User shall be fully legally liable for all the consequences of his/her violation of the Terms and Conditions. OPEN MIND further reserves the right to terminate the account, which has not been utilized for a period of ninety (90) days or more, without prior notice and without any liability whatsoever. without prior notice and without any liability.

    III. Privacy Policy

    As a prerequisite to your use of the OPEN MIND Services, you agree that OPEN MIND has the right to collect, retain and use the data obtained from the Services in an anonymous and non-identifiable manner in accordance with its Privacy Policy (for details of OPEN MIND's Privacy Policy, see: https://www.openmind-tech.com/en/privacy/), which is an essential part of these Terms of Use. You agree to comply with applicable laws and industry standards in your location regarding the collection and protection of end-user data for your products and to ensure that your use of our services is in full compliance with such laws and industry standards. We will use industry-accepted and reasonable standards to protect the security and confidentiality of the data we collect.

    IV. Disclaimer

    1. Use of User Information
    You agree that OPEN MIND may, through the use of your personal information, provide you with information of interest to you, including, but not limited to, sending you information on products and services, or sharing information with OPEN MIND partners so that they can send you information about their products and services, but OPEN MIND retains the right to make the final decision on the selection of partners and the sharing of information.
    OPEN MIND may keep statistics on product usage. At the same time, OPEN MIND may share these statistics with the public to show the overall trend of usage of our services. These statistics do not contain any identifying information about you, and OPEN MIND reserves the right to make the final decision on the manner and content of the release of the statistics. In addition to the above, OPEN MIND may process your information under the following circumstances:
    (1) With your prior authorization;
    (2) Necessary for the fulfillment of statutory duties or legal obligations;
    (3) Necessary to respond to a public health emergency, or to protect the life, health and property of natural persons in an emergency;
    (4) To handle personal information disclosed by the individual himself/herself or other personal information that has been legally disclosed within a reasonable scope in accordance with the provisions of this Law;
    (5) Other cases stipulated by laws and administrative regulations.
    2. Third party information
    Since OPEN MIND has no control over data suppliers' resources or data and information collected from third parties, you understand and agree that OPEN MIND is not responsible for whether such data suppliers' resources or data and information collected from third parties are available for your use. OPEN MIND also does not warrant or accept responsibility for any content on or from such Data Provider Resources or data and information collected from third parties. OPEN MIND shall not be liable for any damages or losses (whether direct or indirect) arising from the use of or reliance on any content, goods or services published by or obtained through any such data provider resources or data and information collected from third parties.

    V. Guarantees

    The User agrees to indemnify and hold harmless OPEN MIND and its affiliates, officers, directors, employees, directors and employees, from and against all third-party claims, losses, liabilities, damages and/or costs (including, but not limited to, litigation costs, attorney's fees, etc.) arising from the User's use of OPEN MIND's services, the User's violation of the Terms of Use, or the User's violation of any intellectual property right or other right of any person or entity, by the User or by any other user of the User's account, consultants, agents and representatives from and against any and all such claims, losses, liabilities or requests, and OPEN MIND will immediately notify the User of such claims, losses, liabilities or requests, and may, at the User's request, provide the User with reasonable assistance in defending against such claims, losses, liabilities, damages or costs, at the User's expense, which the User shall pay within five (5) days of receipt of OPEN MIND's notice. This provision shall also be valid for OPEN MIND's successors, assigns and licensees.

    General Terms and Conditions

    1. The copyright of these Terms of Use belongs to OPEN MIND. OPEN MIND reserves the right to modify these Terms of Use, and the modified Terms of Use will take effect immediately, and the user's continued use of the service is deemed to be acceptance of the modified Terms of Use.

    2. In case of any disputes concerning or related to OPEN MIND services, the user agrees that such disputes shall be governed by the laws of China without the application of conflict of laws provisions, and the user agrees that if such disputes can not be resolved through negotiation, either party may apply for arbitration to the Shanghai International Economic and Trade Arbitration Commission (SIETAC) and settle the dispute by arbitration in Shanghai. The arbitration award shall be final and binding on both parties.

    3. If for any reason any of the terms or conditions of these Terms are held to be illegal, invalid or unenforceable, such terms are deemed to be severed from these Terms and all other terms and conditions will remain unaffected and continue to be in full force and effect, and OPEN MIND reserves the right to amend or supplement the relevant terms. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, contemporaneous or subsequent breach of the same or any other provision, and OPEN MIND reserves the right to pursue such a breach. No waiver shall be valid unless it is in writing and signed by an authorized representative of OPEN MIND.

    4. The OPEN MIND Services are controlled and operated by OPEN MIND. These Terms, the OPEN MIND Privacy Policy and all other online policies posted by OPEN MIND constitute the entire agreement between OPEN MIND and the User with respect to the subject matter hereof, superseding all prior understandings, communications or agreements, whether oral or written, not specifically contained herein. OPEN MIND's failure to exercise or enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision, and OPEN MIND's failure to exercise or enforce such right or provision shall not be deemed a waiver of such right or provision. OPEN MIND's failure to exercise or enforce any right or any provision of this Agreement shall not be deemed a waiver of such right or provision, and OPEN MIND reserves the right to exercise or enforce such right or provision at any time. The headings of the sections of these Terms are for convenience only and have no legal or contractual effect.

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