Published/updated on: July 29, 2022
Before access to or use of the JiHu GitLab Website and the JiHu GitLab Services, please be sure to carefully read this JiHu GitLab Legal Notice (this “Notice”) published by GitLab Information Technology (Hubei) Co., Ltd. (“JiHu (GitLab)”) and its Affiliates. By accessing and using the JiHu GitLab Website and the JiHu GitLab Services (including the content, information and data contained therein), including downloading the installation package for the JiHu GitLab Services and clicking “Install” or “Agree to Install”, you have unconditionally accepted this Notice in its entirety. In case of any objection to any provision hereof, please stop using all the contents and services provided by JiHu (GitLab) and its Affiliates. JiHu (GitLab) reserves the right to hold anyone liable for any violation hereof according to law.
1.1. “Affiliate” refers to, in respect of a subject party, an entity controlling, controlled by, or under common control with, such party. “Control” means having directly or indirectly the power to direct or cause others to direct the business, affairs, management or decisions of an entity, whether through ownership of equity, voting rights or voting securities, or as trustee or executor, or under contract, agreement arrangement, trust arrangement or otherwise, including directly or indirectly (1) owning fifty percent (50%) or more of the issued and outstanding shares or equity of the entity, (2) owning fifty percent (50%) or more of the voting rights of the entity, or (3) having the right to appoint a majority of the members of the board of directors or similar management organizations of the entity. “Controlled” has the corresponding meaning as above.
1.2. “JiHu GitLab Services” refer to products and services such as applications, software, SaaS services, technical services and course training made available by JiHu (GitLab), its Affiliates or any of its designated third parties.
1.3. “JiHu GitLab Website” refers to the websites operated by JiHu (GitLab), its Affiliates or its designated third parties at present and/or in the future, including but not limited to gitlab.cn, jihulab.com, gitlab.hk and their subdomains of the foregoing and all subsequent updates to the aforementioned websites, as well as other JiHu (GitLab)-related websites expressly specified by JiHu (GitLab) to be also applicable on its website, and all content, services and documentation provided on the aforementioned websites.
2.1. The provider shall be responsible for any message, data, text, software, music, audio, photo, graphic, video, information or other content it transmitted through the JiHu GitLab Website and/or the JiHu GitLab Services by uploading, posting, emailing or any other means, whether publicly or privately, shall be borne by the provider thereof. JiHu (GitLab) cannot control the content transmitted through the JiHu GitLab Website, nor can it guarantee the accuracy, integrity, or quality of the content. JiHu (GitLab) reviews the content of its website according to the requirements of applicable laws and regulations, but has no way to fully review all the content thereof, or to obtain confidential information, personal information and other content without authorization of the corresponding holders. Therefore, in no event can or will JiHu (GitLab) be responsible for the content of the JiHu GitLab Website or the associated impact, including but not limited to any error or omission of any content, and any loss or damage arising from any content posted, emailed or otherwise transmitted via the JiHu GitLab Website. By operating the JiHu GitLab Website, JiHu (GitLab) does not express or imply that it recognizes or acknowledges the content of the JiHu GitLab Website or other information, or that the content is comprehensive, accurate, useful or harmless, nor does it guarantee or indicate that such content and information are up-to-date. Notwithstanding the foregoing, JiHu (GitLab) reserves the right to stop the transmission of any content and take corresponding actions according to law, including, without limitation, suspending the use of the website services concerned in whole or in part, keeping relevant records and reporting to relevant authorities. JiHu (GitLab) and its Affiliates will not be liable for any loss or damage caused by your reliance on the content of the JiHu GitLab Website for whatever reason. You are responsible for taking necessary precautions to protect yourself and your computer system from viruses, worms, Trojan horses and other harmful or destructive contents.
2.2. The JiHu GitLab Website may contain links to other independent third-party websites for the convenience of users of JiHu GitLab Website. When you link to and use a third-party website, please read and decide whether you agree to the rules on the use of such website. In no event shall JiHu (GitLab) be liable for any third-party website and the content thereof given JiHu (GitLab) has not reviewed and cannot fully review all relevant third-party websites, nor does it have a control over any third-party website and its content. JiHu (GitLab) disclaims any express or implied recognition of, and any representation or commitment with respect to, any information, software and other products, services or materials contained on the third-party websites, or any results that may be obtained by using them. Your decision to access any third-party website linked through the JiHu GitLab Website shall be at your own risk.
2.3. For anyone who publishes (1) relevant contents that harm national interests, violate currently effective laws, regulations and pertinent policies, and go against public order and morality, or (2) contents that infringe any third-parties’ intellectual property rights or other legitimate rights and interests on the JiHu GitLab Website or through the JiHu GitLab Services, JiHu (GitLab) shall be entitled to take measures such as blocking and removing the corresponding contents, and suspending or terminating one’s access to and use of the JiHu GitLab Website and the JiHu GitLab Services, while reserving the right to transfer the case to the judicial or administrative authorities for handling. The specific handling of the above contents by JiHu (GitLab) shall be subject to the legal requirements and the relevant management rules issued by JiHu (GitLab). In no way shall JiHu (GitLab) and its Affiliates be liable for any non-performance of obligations to the extent beyond laws.
2.4. The JiHu GitLab Website and/or the JiHu GitLab Services may contain software and documentation from one or more third parties (open-source or proprietary, etc., collectively, “Third-party Content”). You shall abide by relevant agreements, rules and licenses pertaining to the Third-party Content. JiHu (GitLab) or its Affiliates will display the pertinent agreements, rules or other documents by packaging them in the specific folder of the installation package for the JiHu GitLab Services or through the open source software pages, etc., in accordance with applicable laws, regulations or agreements. You shall comply with the aforementioned requirements of the relevant agreements, rules, licenses, other documents and web pages mentioned above irrespective of the forms they are displayed. Failure by you to comply with such requirements may result in the third party filing a lawsuit, imposing a fine or taking other sanctions against you, for which you shall bear the legal liability on your own, without any liability on the part of JiHu (GitLab) and its Affiliates.
3.1. JiHu (GitLab), its Affiliates or other third parties agreed in writing by JiHu (GitLab) (if applicable) are holders of the intellectual property rights in and to the JiHu GitLab Website and the JiHu GitLab Services. Save as otherwise stated by JiHu (GitLab), all copyrights, trademark rights, patent rights, trade secrets and other intellectual property rights in and to the JiHu GitLab Website and the JiHu GitLab Services, and all information and contents (including, without limitation, words, graphics, pictures, charts, audios, videos, animations, product functions, operation steps, names, logos, trademarks and/or service marks, patents, computer software works, art designs, interface designs, layout frameworks, relevant data or electronic documents, whether or not they are subject to corresponding intellectual property application or registration) related to the JiHu GitLab Website and the JiHu GitLab Services are all protected by the laws and regulations of the People’s Republic of China and applicable international treaties. The aforesaid intellectual property rights are vested in JiHu (GitLab) and its Affiliates or other third parties agreed in writing by JiHu (GitLab) (if applicable). No one shall be allowed to implement, utilize or transfer the above intellectual property rights for any commercial or non-commercial purpose or license any third party without the written consent of JiHu (GitLab), its Affiliates and other third parties agreed in writing by JiHu (GitLab) (if applicable). Any rights related to the JiHu GitLab Website and the JiHu GitLab Services shall, except to the extent expressly granted by JiHu (GitLab), be reserved by JiHu (GitLab), its Affiliates or other third parties agreed in writing by JiHu (GitLab) (if applicable).
3.2. JiHu (GitLab) and its Affiliates have been licensed to use “GitLab”. The graphics “
” and “
”, the characters “极狐” and their respective combinations with “Gitlab”, as well as other logos included in the JiHu GitLab Website and the JiHu GitLab Services are protected trademarks of JiHu (GitLab) and its Affiliates. No one shall (1) use, disseminate, license or authorize the use of the trademarks, the logos and other marks of JiHu (GitLab) (or its Affiliates or licensors recognized in writing by JiHu (GitLab)) or express or imply any agency, representative, association or other relationship with JiHu (GitLab) (or its Affiliates or licensors recognized in writing by JiHu (GitLab)) without JiHu (GitLab)’s prior written consent or authorization; (2) remove, alter or obscure any intellectual property right statements, proprietary legends, trademark or service mark attributions, patent markings, license documents (such as open source license) of JiHu (GitLab) (or Affiliates of, or licensors recognized in writing by, JiHu (GitLab)) or other indicia of their ownership or contribution to the JiHu GitLab Website and the JiHu GitLab Services. During the subsequent use of the JiHu GitLab Website and/or the JiHu GitLab Services, you shall, in accordance with the relevant agreements, display in a reasonably prominent place on product the involved intellectual property right statements, proprietary legends, trademark or service mark attributions, patent markings, license documents (such as open source license) of JiHu (GitLab) (or Affiliates of, or licensors recognized in writing by, JiHu (GitLab)) or other indicia of their ownership or contribution to the JiHu GitLab Services.
3.3. Except as permitted by JiHu (GitLab) and/or its Affiliates, no one shall use any content in the JiHu GitLab Website and the JiHu GitLab Services without authorization by monitoring, copying, spreading, displaying, mirroring, uploading and downloading through robots, spiders and other programs or devices. The information or products containing intellectual property rights provided by JiHu (GitLab) are protected by relevant laws and regulations. No one shall attempt to obtain or use the intellectual property rights provided by JiHu (GitLab) through disassembly, compilation, assembly, reverse engineering or decoding, or obtain or use products and/or services without official authorization by JiHu (GitLab) through any means or channels. Anyone who fails to comply with the provisions of this Article shall indemnify JiHu (GitLab), its Affiliates and its designated third parties (if applicable) for all losses and expenses incurred thereby, including the attorney fees and litigation fees paid thereby for recovery. If you acquire the JiHu GitLab Services or products and/or services with the same name as the JiHu GitLab Services from any unauthorized third party, JiHu (GitLab) cannot guarantee the normal use thereof, and will not be responsible for any resultant losses to you.
3.4. The JiHu GitLab Website and the JiHu GitLab Services contain open source software and/or technology with the ownership and intellectual property rights thereto vested in the relevant right holders. You may enjoy such rights as may be expressly granted to you by the open source license terms as well as relevant agreements and rules (“Open Source License”) with respect to such open source software and/or technology. By using the JiHu GitLab Website and the JiHu GitLab Services, you agree to abide by the Open Source License concerning the open source software and/or technology. JiHu (GitLab) or its Affiliates will display relevant Open Source License by packaging it in the specific folder of the installation package for the JiHu GitLab Services or through the open source software page, etc., in accordance with applicable regulations or agreements. In case you fail to comply with the above Open Source License displayed in whatever form, you may be subject to a lawsuit filed, a fine imposed or other sanctions taken by the relevant right holder against you, and shall assume the legal liability therefor on your own, without incurring any liability on JiHu (GitLab) and its Affiliates. If JiHu (GitLab) and its Affiliates suffer losses or claims due to your violation of the Open Source License, you shall fully indemnify therefor.
If you find that there is any content infringing your rights on the JiHu GitLab Website or the JiHu GitLab Services, please contact JiHu (GitLab) promptly through the methods published on the JiHu GitLab Website providing preliminary evidence supporting your rights, in which circumstance, JiHu (GitLab) will handle your complaint in a timely manner as required by laws and regulations. You understand and agree that you should ensure the correctness and authenticity of your representations in your complaint to JiHu (GitLab) about infringement upon your rights. All legal liabilities arising from any misrepresentation in the notice of rights submitted by you (including but not limited to compensation for various expenses and attorney fees) shall be borne by yourself. You are recommended to first seek professional consultation to the extent you are not sure whether your legitimate rights and interests are infringed by the JiHu GitLab Website or the content thereof.
5.1. This Notice also covers such relevant agreements, business rules, policies, announcements, statements and other contents as may be constantly released by JiHu (GitLab) concerning the JiHu GitLab Services, including but not limited to the JiHu GitLab Subscription Agreement, the JiHu GitLab Privacy Policy, the JiHu GitLab Website Terms of Use, the JiHu GitLab Cookies Policy, the JiHu GitLab User Service Agreement, the JiHu GitLab Open Source Program Service Agreement and the JiHu GitLab Account Policy at https://gitlab.cn/terms (the documents of which, together with this Notice, are collectively referred to the “JiHu GitLab Website Agreements”) which shall, once officially released, form an integral part hereof. Before you access and use the JiHu GitLab Website and the JiHu GitLab Services, please carefully read and fully understand the contents of the JiHu GitLab Website Agreements. By accessing and using the JiHu GitLab Website and the JiHu GitLab Services, you have carefully read, consent to and are subject to the JiHu GitLab Website Agreements. Your consent to any of the above JiHu GitLab Website Agreements shall be deemed as your acceptance of this Notice in its entirety. In no way shall JiHu (GitLab) or its Affiliates be liable for any loss caused to you and/or any third party by your breach of this Notice or the JiHu GitLab Website Agreements. You shall indemnify JiHu (GitLab) and its Affiliates for losses or claims suffered due to your such breach.
5.2. The JiHu GitLab Website, the JiHu GitLab Services and any content pertaining thereto shall be provided “AS IS”. JiHu (GitLab), as well as its Affiliates and recognized licensors disclaim any warranty, guarantee or representation, express or implied, with respect to the JiHu GitLab Website and the the JiHu GitLab Services (including their contents and other information), concerning: promptness, safety, accuracy, truthfulness and completeness, or absence from deficiency, procedural error, defect or security flaw; non-infringement upon the intellectual property right or other rights of any third party; merchantability and fitness for a particular purpose; having anyone’s expected characteristics and commercial value; availability at any particular time or place; or compliance with any applicable law. In no event shall JiHu (GitLab), its Affiliates or its recognized licensors be responsible for any risk of loss caused by downloading and/or using the documentation, information, content or other materials obtained from the JiHu GitLab Website and/or the JiHu GitLab Services.
5.3. JiHu (GitLab) (and its Affiliates) will use their reasonable commercial efforts to maintain the security and functions of the JiHu GitLab Website and the JiHu GitLab Services, without guarantee as to the normal operation of all functions, the continuous or trouble-free operation, or the timely correction of defects of the same.
5.4. JiHu (GitLab) (and its Affiliates) do not guarantee that the systems of the JiHu GitLab Website and the JiHu GitLab Services are fit for the performance of your computer operating system, nor do they guarantee that the JiHu GitLab Website, the JiHu GitLab Services or their servers will always be free from failures or viruses, Trojan horses and other harmful programs. Meanwhile, JiHu (GitLab) (and its Affiliates) shall not have any liability to you for any computer damage caused by the above problems.
5.5. In no way shall JiHu (GitLab) (and its Affiliates) be accountable for the reliability and continuity of the network lines and equipment used by you to access the JiHu GitLab Website and the JiHu GitLab Services.
5.6. JiHu (GitLab) shall have the right to suspend or discontinue access to all or part of the JiHu GitLab Websites and/or the availability of the JiHu GitLab Services without prior notice for any of the following reasons, and JiHu (GitLab), its Affiliates and its recognized licensors (if applicable) shall not be liable for any loss or damage caused to anyone thereby:
it is attacked by hackers and viruses;
technical adjustments by network and telecommunication departments make results in a significant impact on the availability of the JiHu GitLab Services;
the server of the JiHu GitLab Services is overloaded, or is otherwise in error due to excessive users using the services or other circumstances;
emergency maintenance and upgrading are carried out for the operation of the JiHu GitLab Services;
telecommunication services required for provision or access of the JiHu GitLab Services are unavailable for general failure of the public network or any other reason;
it is difficult to provide the JiHu GitLab Services due to accidents or events such as Force Majeure beyond GitLab’s control or reasonable foreseeing;
provision of the JiHu GitLab Services is prevented by applicable laws or government regulations; or
JiHu (GitLab) deems it necessary to suspend or discontinue the services for moral, legal, compliance, technical or systematic reasons.
5.7. With respect to the paid JiHu GitLab Services, the accumulative liabilities (including but not limited to liquidated damages and other compensation liabilities and expenses) of JiHu (GitLab), its Affiliates and its recognized licensors (if applicable) arising from and/or in connection with the JiHu GitLab Services, whether based on contract, tort (including negligence or strict liability), or otherwise, will not exceed, in the aggregate, the total amount (excluding tax) paid by users of the JiHu GitLab Services to JiHu (GitLab), its Affiliates and its recognized licensors (if applicable) for the specific JiHu GitLab Services out of which the liabilities arise.
5.8. JiHu (GitLab) and/or its Affiliates or recognized licensors shall not in any event be liable for any losses and damages caused by anyone’s use of the JiHu GitLab Website or the free JiHu GitLab Services, even if such losses and damages are foreseeable, including without limitation: (1) any direct, indirect, punitive, incidental, special, consequential and secondary damages; (2) purchase costs of substitute products or services; and (3) interruption of use, loss or damage of data.
5.9. JiHu (GitLab) and/or its Affiliates or recognized licensors shall not in any event be subject to compensation for any indirect, punitive, incidental, special, consequential and secondary damages suffered by anyone.
6.1. This Notice shall be effective as of the time of publication on the JiHu GitLab Website.
6.2. JiHu (GitLab) shall have the right to modify this Notice as necessary (including formulating and issuing other policies, rules, announcements and statements from time to time) in accordance with laws and regulations, and will, upon the modification, publish the up-to-date version of this Notice on the JiHu GitLab Website. The updated notice will supersede the original one, with effect as of the time of publication. You can get access to the latest terms of this Notice on the JiHu GitLab Website. By continuing the use of the JiHu GitLab Website and/or the JiHu GitLab Services after modification of this Notice, you accept the modified legal notice.
This Notice shall be governed by the laws of the People’s Republic of China (excluding Hong Kong, Macao and Taiwan solely for the purpose hereof). Any dispute arising from or in connection with this Notice shall be settled by the Parties through friendly negotiation. If the dispute fails to be settled through negotiation within fifteen (15) days, either Party may submit the dispute to the people’s court with jurisdiction in the place of JiHu (GitLab)’s domicile for resolution through litigation.
In case any one or more provisions hereof are held to be invalid, illegal or unenforceable in any respect under any applicable law or regulation, the validity, legality or enforceability of the remainder hereof shall not be affected or impaired whatsoever. The Parties shall negotiate in good faith seeking to agree on new provisions to the extent permissible by law with economic effects as close as possible to the previous invalid, illegal or unenforceable provisions.
This Notice may be provided in Chinese and English. In case of any discrepancies or conflicts among different linguistic versions of this Agreement, the Chinese version shall prevail.
