Scope

This document contains the unabridged text of the Terms of Service applicable to the use of Safe Creative (www.safecreative.org) web services. Safe Creative is property of Safe Creative, S.L. (from here on, Safe Creative), By both registering as a user and using the services offered by this site, you are accepting completely and without reservations these Terms of Service, which will be applicable in addition to any special or particular terms or agreements that may be established for other services, when appropriate. Therefore, you are requested to thoroughly read this document.

The non-acceptance of these conditions precludes the use of Safe Creative's services.

Description of the service

Safe Creative allows the registration or deposit of copyrighted works in digital format, which can be associated, where appropriate, to the correspondent copyrights policy chosen by the rightholder, for its exploitation with licenses or contracts such as Creative Commons, GNU General Public License, or any other. Therefore, the platform allows:

• Registration and publication of authorship/ownership of creative works, as a proof against third parties that claim rights over it.
• Registration and publication of the terms and conditions applicable for the potential reproduction, display, exhibition, transmission, distribution or any other exploitation rights, allowing the self-management of the copyrights.
• The issuance of certifications on the registration of authorship/ownership rights of these works, providing evidence establishing the date and time of registration or deposit on Safe Creative’s systems.
• The issuance of copyright or copyleft certificates in relation to the works, so users can have a proof that the use of the content was subject to certain conditions in a given moment.

The contract between the parties consists on a voluntary deposit, free of charge, through which the user, author and/or, where applicable, the holders of the exclusive exploitation rights of an copyrighted work, hosts or bails a reproduction of this work, or images or digital files that allow the identification or representation of the same, just for registration and custody by Safe Creative, all in accordance with these terms and conditions. In case User establishes so, Safe Creative will allow access to the contents of the registered works, its title, author's name, copyrights policy and other information provided in the registration process, either directly or through search engines, publications and other tools or features, as established by Safe Creative from time to time.

User's obligations

1. The User, whether an individual or an entity, guarantees that he/she is the author or original rightholder of the copyright of the registered work or, anyway, has obtained the rights and any authorizations of the correspondent rightholders for registering it on Safe Creative, as well as, when applicable, for establishing the copyright policy with regards to its duration, scope or uses, as affected by Safe Creative.
2. Additionally, the User also ensures that the registered work, whether original or derivative, does not infringe third parties’ rights (including copyrights), privacy agreements nor other persons or entities image or honor rights. In particular, in cases where a third party requests the removal, modification or any other act affecting the information, contents or its registered rights, the User undertakes to comply with the terms and conditions described at the Safe Creative’s Copyright Infringement Protocol", and any other actions taken by Safe Creative against any claim, complaint or notice started by any third party in relation to a registered work or a User.
3. The user undertakes to submit truthful, accurate and complete information about the foregoing information and data that allow his/hers identification, as well as to update or correct it, if it is not 100% accurate.

4. In order to provide the service correctly, the user authorize Safe Creative, on a non exclusive basis, to reproduce and transmit the registered works on Safe Creative’s website, or any other affiliate website, including the title of the work, its identification, synopsis, description and type of work. When Users allow access or permit the downloading of their works, they grant Safe Creative as well the reproduction, fixation, transmission and distribution of the work. Furthermore, the authorization contained herein is free of any charge, non-exclusive, non-transferable, and with no geographical limits. In particular we note that all the above rights granted to Safe Creative are revocable at any time and limited to the acts necessary to enable the management and use of Safe Creative’s service. This license does not allow Safe Creative to exploit or use, whether for profit or for free, by itself of by third parties, any of the registered works. Therefore, the rightholder of all the copyrighted works registered in Safe Creative is the User or, where applicable, the person or entity designated by him/her. Safe Creative is not able to reproduce, modify, distribute, sell, arrange or, in any way, use those works, unless expressly agreed in writing by it rightholder, despite the above statements. The acquisition, transfer or exchange of shares or units of Safe Creative, or its merger or takeover by other entities, will not alter the covenants, rights and obligations of the parties.

   Aforementioned term applies to any access to the Safe Creative registry from both Safe Creative web page or through the API.

5. The user shall receive and respond the communications that, from time to time, Safe Creative could send to him/her, relating to the possible infringement of third parties' copyrights, binding himself to reply to them on time and in a proper manner.
6. The user undertakes to respect Safe Creative's or other users' intellectual property rights (including copyright, trademarks, trade secrets, etc.). It is not allowed any extraction, reverse engineering, or decompilation in relation to the content of Safe Creative’s website, including but not limited to the registered works, software, databases or any other elements that are part of the Safe Creative service.

Safe Creative's obligations

1. Safe Creative will host and custody works or files registered through this service, binding itself not to make use of them except as established in these terms of use, unless authors/holders expressly authorize it, having to keep them in the provided conditions, ensuring that non-authorized parties will have no access to them, except as defined above in stipulation 4.
2. Moreover, Safe Creative will file the changes that users could make to their files, saving an historic record of them, especially the exploitation rights policy.
3. The above conditions will not apply in case of any measure, temporal or definitive, ordered and notified by the correspondent administrative or judicial authority as part of an investigation or legal proceeding.
4. Safe Creative undertakes to certify its registered content to third parties in the terms in which it has been registered by the authors/rightholders, in relation to their personal data, their works and other attributes including, among others, the copyright policy and its changes.
5. Exceptionally, Safe Creative reserves the right to suspend or interrupt access to content that might be considered fraudulent, illegal or that infringes the present conditions, and to initiate any legal actions or prosecutions in order to defend their own or represented interests.

Intellectual property rights and use of content

Safe Creative's content, including but not limited to registered works, texts, images, animations, multimedia files, sounds, logos, trademarks, website design and navigation structure, databases or computer programs are protected by intellectual property laws and international treaties and, when applicable, are properly registered.

Copyrights on works registered in Safe Creative correspond to their authors or, when applicable, to whom they have transferred them to. In any case, registration or deposit of works in Safe Creative’s systems do not grant any rights different than those that allow reproduction, making available and public communication of the work, its title, synopsis, rights of use policy and other attributes, and authors/holders identification just through this service. Any other act of exploitation will require the consent of their respective rightholders.

The service's design, computer programming and databases, including its elements or contents, except as indicated above, are property of Safe Creative. Any reproduction, transformation or distribution of such content, as well as any act of reverse engineering, or decompilation, different from the access, display or reproduction of them through Safe Creative, is strictly forbidden. In no event will be allowed any act of extraction, reuse and/or operation of such content in a contrary way to these terms, or that prejudice Safe Creative or users' rights or interests.

Temporary or private acts of reproduction, ephemeral or non-commercial recordings, cites, reviews, fair use, for purposes of preservation, scholarship, or research and any other exceptions or limitations on Safe Creative's copyrights are allowed under the conditions establishes in the Spanish and, where applicable, European Union Law.

If you consider any of Safe Creative's contents infringe your or others' intellectual property rights, please let us know at complaint@safecreative.org for taking appropriate actions. Any notice, communication or filing of a claim or complaint for copyright infringement will start the Safe Creative’s Copyright Infringement Protocol".

Trademark Licensing

Safe Creative grants to registered users free and global license of use of the registered trade mark "Safe Creative", exclusively for the purpose of identifying or referring work registration, either directly or through plugins, bookmarklets and other tools or software that allow them.

Any other use of the trademark "Creative Safe" is forbidden and will require express written consent.

Privacy policy

Registering or using Safe Creative's services implies the acceptance of our Privacy Policy, which establishes the processing of such information, service's passwords and security measures in order to avoid unlawful access, use, manipulation, damage, or loss of the user's data. Those databases are registered at The Spanish Data Protection Authority.

Safe Creative can obtain persona data on registration process, when you use the service or access to Safe Creative’s web pages or related websites offering its content. Safe Creative can cross registry information with other obtained by its partners. In this case, Safe Creative will notify disclosure of this information and send a copy of this Privacy Policy, asking his/her consent for maintaining those data in our files. Safe Creative will not be liable for third parties previous processings.

On registration process, we will ask you some information as your name, surname, email and password. If you register as author, we can ask you information about your address or other for issuance of intellectual property registry certifications you ask for. Once you register and sign up at Safe Creative you would not be anonymous to us.

We also obtain information on users' transactions with us and services provided, including questions and comments received through our contact page or copyright infringment notifications. We log those activities, saving your browser configuration, IP address and requested pages.

When logging in, a session cookie is saved in order just to keep access open, that is deleted shortly after the browser is closed. Anyway, you can configure your browser for deleting automatically.

The requested data will be used according to the following purposes:

• Management of registry services, rights and issuance of certifications, and questions, comments or dispute solution on customer care.
• In order to communicate personal data or registered works incidences, usage an search statistics analysis, and provide anonymous internal or external reports.
• In order to send you communications or newsletters about our activities, products or services.
• To improve our services.

All this data are necessary to manage the aforementioned services, without their we can not conduct them properly.

The sole personal information we are going to publish in www.safecreative.org is your name or pseudonym provided on work’s registry, associating to its title, identification code, type of work, synopsis, registration date and time and exploitation rights policy. The content of the work will only be accesible to third parties in case you decide it.

Proccessing of the abovementioned data will be according to Spanish Data Protection law (Act 15/1999, of 13th of December, on the Protection of Personal Data and other regulation), as well as Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and will not be transmitted to any third party without your consent. Anyway, you can exercise the rights of access to data, object, rectification or cancellation, according to limits and conditions established in Spanish Law.

Liability and Warranty

According to service description, Safe Creative is not liable for the truthfulness or accuracy of any data provided by users, nor possible infringement of any third parties' rights on registered works. Specially, any claim based on intellectual, disclosure of professional or trade secrets or of personal data, violation of the right to privacy, civil, or criminal, or administrative rights infringements will fall upon users who provide those data, who will respond on any damage arising above situations, including any cost of legal actions or claims against Safe Creative based on these data, including barristers, solicitors and other legal fees, even when their actuation was not mandatory.

Safe Creative guarantees proper system operation, except for punctual maintenance services, fortuitous events, force majeure or any reasons that depend on third parties, as well as custody of the hosted information as provided by users, preventing any use contrary to these conditions by unauthorized third parties, specially its transformation, disposal or removal where is not permitted.

Safe Creative shall not be liable for any errors, inaccuracies or errors, reliability, suitability or intended purposes, truthfulness, and other matters related to the licenses or contracts content selected by the user to determine his/hers use of registered works policy, nor any problems arose in relation with such licenses or contracts. Safe Creative just provides a platform were the user, once has registered a work, can opt between different licensing or transferring of rights, whose legal texts are provided by third parties. Safe Creative has no interest or commercial connections with them, and these facilities of choice or its integration into the platform doesn't necessarily involve an acceptance or conformity with them.

Also, Safe Creative will not be liable, in any event, of any damages or losses of all kind that might result from the registration of copyrighted works through the API (application programming interface) integrated in the website of a third party unrelated to Safe Creative.

Modifications

Safe Creative reserves the right to make, at any given moment, changes and updates in the service, its contents, settings, availability, and display of information, as well as to these Terms of Service, notwithstanding the rights previously acquired. Safe Creative also reserves the right to temporarily suspend access to the service for maintenance or improvement purposes, and won’t be liable for any harm or damage, direct or indirect, resulting from those actions.

This agreement is indefinite. It may be terminated by breach or violation by any party of its terms, or at any time by the User requesting.

Applicable Law and Court of Justice

The conditions contained in this document will be applicable and interpreted in all their terms in accordance with the Spanish Law and, in absence of this, with the European Union Law. By accepting these Terms of Service, the user, renouncing any court of justice when possible, is submitting any disputes to the jurisdiction and competence of the Courts and Tribunals of the city of Zaragoza (Spain) to solve any conflicts that may arise concerning the Safe Creative Terms of Service.

Corporate information.

This website and services provided are property of Safe Creative, S.L., which has its European offices in Zaragoza (Spain), c/ Bari, 39 2ª Planta 2

Safe Creative provides the public keys of their systems. They are available at the following address: Public keys

OFFICES:

USA
119 South B Street, San Mateo, CA 94401

Europe (Headquarters)
c/ Bari, 39, 2ª Planta – 50197 Zaragoza (Spain)