2.1 - Intellectual Property Registry
The intellectual property works registration service may include one or several of the following services:
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Recording and annotating statements of ownership and/or authorship in our databases and computer systems. Safe Creative's electronic intellectual property registry operates as a repository in which reliable proof of the above and the work's content and details are kept for the purpose of proving authorship and rights. Said reliability and the integrity of the information thus stated and stored is ensured through the use of public key technology and infrastructures, which include the generation of three redundant cryptographic fingerprints to identify the work, along with time stamping to record and certify the registration date and subsequent annotations. In addition, evidence of the registration (digital fingerprints) is added every 24 hours to a file that is automatically recorded on the Ethereum's blockchain. This allows a further layer of traceability, assurance and disclosure to be added to registration operations, whilst duly maintaining confidentiality.
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Recording and publication of the terms and conditions of the licensing, use and exploitation of intellectual property rights associated to registered contents or works. The User may determine the terms and conditions under which the reproduction, public disclosure, distribution and other exploitation rights over their works are allowed in order to facilitate self-management of said rights or the information provided to third parties.
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Issuance of registration certificates of authorship, ownership, rights, and licensing, use and exploitation terms and conditions of any works registered, so that, where necessary, they may be submitted as documental proof certifying said information and the date and time of registration at Safe Creative.
When registering a work or a part thereof, sketches or other contents, the User shall attach a digital copy thereof or, failing that, sufficient information that can allow the work to be unequivocally identified, which shall be stored on Safe Creative's information systems. As regards any records to which the file containing the work is neither attached nor stored, but rather information to identify it, said information may consist of photographs in the case of sculptures and other visual artworks, credits or production files in the case of films, cryptographic summaries ("hashes") of the original file held by the User or other media, which shall in all cases be under the User's responsibility. Should the information thus provided need other supplementary information to be used as proof of registration, as is the case of cryptographic summaries, which require the original file for their verification, or as is the case of encrypted information, which requires a password to gain access to it, the User shall assume the responsibility for safeguarding and providing such additional information to claim proof of registration.
In any event, Safe Creative shall not ensure nor be held liable for any registrations made without the work's storage or deposit, nor shall it be liable for the information provided by the User allowing for the work's identification. In so far as registrations made involving the deposit of the work are concerned, Safe Creative shall allow access to a copy thereof, whether directly or by means of search engines, publications and other tools or functionalities established by Safe Creative, solely where the User should so indicate.
2.2 - Online Gallery and Licensing of Works: Creators
The Creators service is a space which allows works in the Safe Creative registry to be published, disseminated, exhibited and displayed. It is also a platform that allows the User to transfer or assign rights to third parties.
Such services are solely available for works that have previously been registered at Safe Creative. On the User's profile and space within the Safe Creative platform, the User may set the access permits or privileges to their works, the information and contents to be displayed, the possibility of reproducing, publicly disclosing or directly downloading said works or any other available functionality, condition or limitation, as well as the use, licensing and exploitation options and offerings of their rights which the User allows to third parties, along with their terms and conditions.
In accordance with the foregoing, this service includes the following functionalities:
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Publication and promotion of the User's work on safecreative.org/creators (or any space that replaces it) under the terms and conditions, categories and parameters set by the User on a profile with the registration and descriptive information that is specified. The User must indicate if downloading, streaming access or any other way of reproducing or accessing the work is allowed. Said contents shall be indexed by Safe Creative and may be accessed through an internal search engine.
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The possibility of setting the parameters, terms or conditions under which the use of said works by third parties is granted or licensed. The aforementioned settings shall be set on the platform itself and shall, in any event, include the possibility of setting or restricting exclusivity, transmissibility, time or geographical scopes, intended uses and other options suited to the type of work, along with the price. Said possibilities shall depend on the available parameters. If they do not suit your needs, get in touch with us so we can look into tailored options.
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A space and tools so that the User may sell and grant licences and rights over their works to third parties under the terms set forth hereunder.
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The generation of the electronic licensing document that the buyer can request in PDF or NFT format with the information on the licenses or rights acquired in accordance with the above.
The NFT or PDF generated by Safe Creative constitute the electronic media of the licences or transferred rights. The information they include specify the licensing terms. Hence, ownership of the NFT entails ownership of the licence or rights. Said NTFs are not traded or exchanged on an equivalent basis and therefore do not constitute a financial instrument in a legal sense. The aforementioned considerations are subject to change as this is an emerging and changing technology. In any case, the User states that they are aware of how the transaction, management, use and characteristics of crypto assets and NFT technology function and operate, as well as those related to electronic or virtual wallets or purses, the blockchain and its underlying technology, at least sufficiently and responsibly enough to understand and be able to use such technology according to these terms and conditions. Should this not be the case, consult a professional or you must refrain from using them.
All collections and payments are made through a secure platform and environment, managed by STRIPE Inc., a company incorporated in the USA, located at 354 Oyser Point Blv San Francisco, CA 94080. For this purpose, Safe Creative uses Stripe (stripe.com) to receive payments and send the corresponding amount for the sale of licenses.
In the process of registering for the Creators service, the User registers an account in the Stripe platform to manage the collection of the amounts received for the sale of the licenses of his or her works.
2.2.1 In the event that the license medium is an NFT.
Ownership of the NFT implies ownership of the license or rights. These NTFs are not negotiated or exchanged by equivalence, so they do not constitute a financial instrument in the legal sense. The above considerations are susceptible to modification as it is an emerging and changing technology. In any case, the User declares that he or she knows the functioning and operation of the transaction, management, use and characteristics of cryptoassets and NFT technology, as well as what is related to electronic or virtual purses or wallets, the chain of blocks or blockchain and its technology. underlying, at least sufficiently and responsibly to understand and be able to use this technology in accordance with these conditions. Otherwise, consult a professional or you should refrain from using it.
The NFTs used by Safe Creative are created by means of the Polygon (formerly known as MATIC) blockchain and protocol, which consists of a secondary blockchain connected to the Ethereum network. The Polygon network and its standards are currently considered a secure, fast, scalable, reliable and cost-efficient framework within the context of NFTs.
The use of Polygon requires that said NFTs must be stored in a virtual wallet on MetaMask (
https://metamask.io/), a web browser add-on which includes an application for the above and interacts with that blockchain. MetaMask is a third-party application that is external to Safe Creative and independent of it. The buying or transferee User must previously create and specifically configure their MetaMask wallet to connect to Polygon. For further information, see the documents and guides available on
https://docs.metamask.io/guide/. It is possible that the system may in the future allow the use of other Polygon-compatible electronic wallets.
In accordance with the foregoing, our NFTs include the work's identification data, including its title, author and registration identifier, along with information on the relevant rights (that is to say, licensing or transfer terms and conditions). The NFT's functionality is therefore to establish a mechanism that ensures the buyer, transferee or holder that there is a technologically secure medium of holding title to the licence or transfer it represents. In addition to the technical limitations inherent to the aforementioned protocol and standards, the NFT may have other technical limitations linked to the rights it represents, such as, for instance, its transferability, units or spaces and scopes of application or use.
Third parties which are interested in subscribing a licence or rights under the terms being offered must select and submit a request on Creators, connect the electronic wallet to which the NFT will be linked and transferred, and enter the holder or transferee's data if the operation is being made on behalf of a third party. Once payment has been made through the relevant gateway, Safe Creative shall generate the NFT and transfer it to the buying User's electronic wallet in accordance with the terms and conditions indicated. It shall also deliver to the transferor User the amount corresponding to payment for the licence or the granting of rights, while withholding the part of the payments corresponding to the NFT's creation and use of the platform.
2.2.2 Return Policy
As the items acquired are not physical artworks or copies, but rather digital copies or licensing agreements, returns are not possible once the purchase is completed. The acquisition of a digital artwork or a licensing agreement explicitly implies the acceptance that returns or refunds are not possible.
2.3 – Trademark Registration
The trademark registration service may include one or more of the following services:
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A non-binding feasibility study of the trademark's registration in the corresponding registry. Our legal experts will verify that the trademark is not already registered by third parties and will analyze the viability and likelihood of approval.
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The application for trademark registration at the Spanish Patent and Trademark Office (OEPM), covering the entire Spanish territory.
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The application for trademark registration at the Mexican Institute of Industrial Property (IMPI), covering the entire Mexican territory.
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The application for trademark registration at the European Intellectual Property Office (EUIPO), covering the entire European territory.
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Mediation between the user and the corresponding office, including sending any information related to their registration applications to the user.
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The renewal of registered trademarks once the duration periods of the registration have expired.
Safe Creative does not assume responsibility for the definitive acceptance of the trademark application by the corresponding office.
Payments for trademark registration, as well as the management expenses of the applications, will not be reimbursed to the user in case of denial of registration by the corresponding office.
When requesting a trademark registration through Safe Creative at any of the aforementioned offices, the user must provide detailed information about the trademark and the type of trademark they wish to register.
Before making the application, the legal team will conduct a feasibility study that will not be binding in any case, as it is the corresponding office, not Safe Creative, that must decide on the acceptance or denial of the application. The user will be informed about the results of this study.
Once the apparent feasibility of the registration is verified, the user will proceed to pay the corresponding price for the service, and will be required to fill out and submit the necessary power of attorney so that Safe Creative can apply for the registration of their trademark.
It should be emphasized that Safe Creative acts as the user's representative, being merely an intermediary between the corresponding office and the user. The user will be the actual owner of the registered trademark.
Once all necessary documents are provided, the legal team will proceed to apply for the registration of the trademark at the corresponding office, and, once the application is submitted, the legal team will send the user a copy of the submission certificate.
Once the application is processed, the legal team will periodically inform the user about the progress of their application. Likewise, upon receiving communication from the office regarding the acceptance or denial of the application, the legal team will send this information to the user, including copies of the certificates issued by the office, if applicable.
If the application is accepted, and the trademark is registered, Safe Creative will also handle the maintenance and renewal of the trademark, including all necessary actions to keep the trademark registered until the owner indicates otherwise.