Terms and Conditions of the Services

1.- Purpose

This document contains the full text of the legal terms and conditions which govern access to, use of and subscription to the services offered on safecreative.org by Safe Creative, S.L. (hereinafter "Safe Creative"), a Spanish company with TIN B99161739 and registered office in Zaragoza, Spain at Calle Bari 39, 3rd Floor, which is duly registered at the Zaragoza Companies Registry on Volume 3534, Book 0, Folio 192, Entry 1.

Subscribing, registering for and/or using said website's services requires full unconditional acceptance of these terms and conditions, which shall apply without detriment to any specific or special terms and conditions or agreements which may, where appropriate, be stipulated. We therefore ask you to read this document carefully. The services offered on the safestamper.com website are governed by specific particular terms and conditions which shall preferentially apply.

For the purpose of this agreement, the party which subscribes the Safe Creative services shall be referred to as "Client" or "User", regardless of whether they are a natural or legal person. Any individual who registers for, requests or enters into contractual arrangements on behalf of a third party shall state and ensure that they are acting in the interest of the Client and for and on their behalf under a mandate and/or agency agreement, and that they are legally empowered to contractually bind the Client for all intents and purposes. The term "user" shall solely encompass the implications and rights recognised under consumer and user protection legislation in the case of natural persons acting for purposes other than their trade, business, craft or profession, or in the case of legal persons and unincorporated entities acting on a non-profit basis unrelated to a trade, business or profession.

Failure to accept these terms and conditions shall impede the services offered by Safe Creative from being used.

2.- Description of Safe Creative Services

2.1- Intellectual Property Registry

The intellectual property works registration service may include one or several of the following services:

  1. 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.
  2. 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.
  3. 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 on NFTs: 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. All the above is linked to an NFT.

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:

  1. 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 professional 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.
  2. 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.
  3. 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.
  4. Generation and assignment of non-fungible tokens (NFTs) which include information on the licences or rights granted to third parties in accordance with the above.

The subscription or granting of licences or rights is represented by non-fungible tokens (NFTs). An NFT is a unique indivisible digital file that allows to include descriptive, reference and location information of a digital content (usually an Internet address or URL). In legal terms, an NFT is a crypto asset, a digital representation of rights in this case, which may be stored electronically using decentralised registry technology or similar.

The NFTs 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.

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.

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.

3.- Access to and Use of the Services

​Safe Creative's services are available on the safecreative.org and safestamper.com spaces/websites (subject to certain specific terms and conditions) and are offered on a reliable and secure environment through digital certificates. The User must have a computer, terminal, mobile device, tablet or similar, connectivity and the operating systems and applications required for Internet access. Access to the aforementioned websites is optimised for the latest tested stable versions of the most common computers and browsers.

The applications for mobile phones are optimised for devices which support the compatible operating system versions and terminals indicated in the Google Play and App Store repositories. The applications shall not access contact data, though they shall collect data on the date, time and duration of access to said applications. The User must allow data storage and changes on the device, the use of connectivity services and any additional settings and requirements indicated when downloading, installing and enabling such applications.

The use of licensing services of works on NFTs is subject to additional terms and conditions and requirements, as provided by Clause 2.2 of these terms and conditions.

Subscription/registration as a user is required to create a professional account and use the registration, gallery and third-party licensing services on NFTs.

Once the registration data has been entered, the User shall receive an electronic activation message at the address indicated containing a hypertext link that must be validated to complete the registration. If said action is not done, the registration shall be invalidated. Any fields marked with an asterisk (*) are mandatory in order to be able to register and subscribe. Without them, the relevant account activation shall not be processed. The access data, username and password are for the Client's sole use, untransferable and must be kept confidential. If they are lost or compromised, you must immediately contact us so we can block them. Otherwise, the Client shall be liable for any actions carried out with said data.

In the case of subscription on the Internet, confirmation that the subscription has been successfully completed shall be displayed on screen and/or an e-mail message shall be sent to the address provided by the Client within a reasonable period of time and in any event no later than 24 hours. Said confirmation shall contain their details, confirmation of payment and a description or list of the products and/or services subscribed, along with their price. Should the Client wish to receive the invoice on hard copy format, they must request it in writing from our Customer Service Department.

The Client or User shall be solely liable for the data or information provided, the consequences, results, effects and damages arising therefrom and in particular for the publication, data, access, permits and rights stated in relation to the works, the offering and the licensing terms and conditions they set, along with the subscription of such terms with third parties. Safe Creative only has one platform that facilitates self-management of rights and the marketing or granting of licences or rights over works, without the foregoing involving a mandate, agency agreement, entrustment or management concerning individual or collective rights under the terms of Spanish intellectual property legislation. Licences or rights shall under no circumstances be traded, granted or transferred by Safe Creative. Instead it limits itself to including information on the rights subject to a transaction that the parties (transferor User and transferee User) enter into for and on their own behalf on the NFT which is generated and assigned to the buyer/transferee at the specific request of the parties.

4. User's Obligations

4.1 General Obligations for All Services

  1. The Client or User must be over 18 years of age and have full legal capacity to enter into contractual arrangements pursuant to the legislation which applies to them. Otherwise, they must provide specific authorisation from a legal representative to make use of Safe Creative's services according to the provisions set forth herein. In the case of legal persons, the Client states and ensures that they have been legally incorporated, duly registered and/or in force in the public registries, agencies and organisations within the scope of their activity, and up to date with all their obligations.
  2. The User ensures that all the information provided — including any attached data or files, if applicable — is true, accurate, complete, up to date and lawful. Creating an account with false or outdated information or information referring to third parties, or more specifically which infringes intellectual property or data protection rights, or the right to freedom from injury to honour and self-image, confidentiality or secrecy, or with information that constitutes a crime shall entail a serious infringement or breach of these terms and conditions. Safe Creative reserves the right to suspend, block or cancel accounts which infringe brands, trade names or other distinctive logos, as well as those which use names or pseudonyms belonging to third parties without authorisation, are unlawful, offensive or harmful, or which could in any way whatsoever breach these terms and conditions.
  3. The User must receive and respond to any notices or messages sent by Safe Creative concerning a possible infringement of third parties' intellectual property rights, obsolescence or inaccurate data provided by the User and incidents resulting from the use of Safe Creative's services, and undertakes to respond to such messages in a timely manner.
  4. The User undertakes to abide by the intellectual property rights of other Safe Creative users as well as those of the service itself. Furthermore, any extraction, decompiling or reverse engineering affecting the contents of said rights — construed as hosted works, computer programs, databases and any other elements forming part of Safe Creative's services — is forbidden. The following are expressly prohibited:
    1. Using spider bots, spiders or any other automated devices, programs, scripts, methods or any similar manual process to replicate Safe Creative's contents or to present Safe Creative's services in any way whatsoever.
    2. Attempting to gain access to any part of Safe Creative or its services or to any network and communications component belonging to Safe Creative by any unlawful or forbidden method (hacking, password mining, etc.).
    3. Probing, analysing or testing the vulnerabilities of Safe Creative's services or those of any network connected to the properties, or breaching any security or authentication method of Safe Creative's services.
    4. Carrying out any action that imposes an unreasonable or disproportionately large load on the systems or network infrastructure of Safe Creative's services or on the infrastructure of any system or network connected to Safe Creative's services.
    5. Using any device, software or routine program to interfere with the normal operation of Safe Creative's services or with any transaction on Safe Creative' services made by any other person.
    6. Forging headers, spoofing or otherwise manipulating an identity or disguising it or the origin of any message or transmission sent to Safe Creative.
    7. Unlawfully using Safe Creative's services.

4.2 Additional Obligations for Using the Intellectual Property Registry and Other Related Registries

  1. The User ensures that they are the author or holder of the rights they register at the registry or, where appropriate, that they have obtained the relevant authorisations or sufficient powers of attorney from their holders for said rights' registration at Safe Creative, their reproduction, transformation, public disclosure and other kinds of exploitation arising from these legal terms and conditions and their effects.
  2. In any event, the User likewise ensures that the work subject to registration, whether an original or derivate work, does not infringe or harm third-party rights or interests, particularly intellectual property rights, confidentiality or secrecy undertakings, market and fair trading rules or agreements, data protection rights, other people and entity's rights to intimacy, honour and self-image, among others. In cases where a third party requests the deletion, change or any other action affecting the information, rights or contents registered by the user at Safe Creative, Safe Creative particularly undertakes to fulfil the "Copyright Infringement Claims Protocol" and to take appropriate measures in response to any claim or complaint related to the above filed by a third party against a Safe Creative User.
  3. The User must expressly grant Safe Creative certain rights so that it may register and store a copy of the work. In this regard, the User may indicate one of the following options when registering a work and, in doing so, grant the ensuing rights to Safe Creative:
    1. Private registration: Safe Creative shall not offer any information on the work, nor shall it allow its reproduction, downloading or any other kind of access to the deposited copy.
    2. Public registration without access to the deposited copy. So that Safe Creative may display information on the work's rights on the registry's search engine, the User grants Safe Creative the right to reproduce, disseminate and publicly disclose the work's title, as well as its identification, description, synopsis, rights policy and any other identifying information contained in the registry's entry.
    3. Public registration with access to the deposited copy. So that Safe Creative may display information on the work's rights on the search engine and offer it for downloading, viewing and any other kind of access, the User grants Safe Creative the right to reproduce, disseminate and publicly disclose the work, along with the information which identifies it contained in the registry, such as its title, synopsis, licence and rights policy, etc.
  4. The User may grant or withdraw the aforementioned rights from time to time by changing the relevant parameters in their entry. In any event, the granting of such rights shall be free of charge, non-exclusive, non-transferable and without any territorial or time limitations. In particular, it is stated that all the aforementioned rights granted to Safe Creative may be revoked from time to time and are limited to the actions which make the functioning, management and access to the hosted contents possible, without said granting of rights allowing Safe Creative to exploit the work in any way other than as provided, either by itself or through third parties, whether for consideration or free of charge. The provisions set forth in the preceding paragraph shall apply to the information offered where publicly registered works at Safe Creative are queried either on the website or the Safe Creative API.

4.3 Additional Obligations for the Online Gallery and Works Licensing Services on NFTs

  1. The Client or User states and ensures that there is no constraint, limitation or condition that prevents, hinders or affects in any way whatsoever the offering, disclosure, transfer or granting of the intellectual property rights over the works or creations made available to third parties on this service. The Client shall be liable for specifically proving the above by submitting the documents, if any, required by Safe Creative or a third party. Among others matters, the Client must confirm correspondence between ownership and their rights over the work and those they transfer or license, any possible prior or concurrent agreements or commitments, the legal framework, their capacity and legal standing.
  2. The Client or User must ensure, maintain, abide by and safeguard any rights transferred or licensed to a third party strictly subject to the terms agreed. A breach of the foregoing shall entitle the buying or transferee User to bring the relevant legal action, including a claim for any damages caused. The transferor User shall be obliged to fulfil any tax and administrative obligations arising from the transfer of rights, including tax returns, settlements, payments and/or withholdings, issuing invoices for the payment amount for the above, and any others which may be required in accordance with the relevant legislation of their domicile or location.
  3. Furthermore, the Client or User shall additionally be subject to specific identification and verification requirements arising from third-party licensing operations and transactions and Safe Creative's services, as well as to any others required by the Stripe payment platform or gateway (stripe.com). In particular, the Client or User must provide official identity, domicile, incorporation, filing and registration documents in the case of legal persons, as well as any other documents required by prevention of money laundering and terrorism financing legislation, along with completing the required forms and returns. All the above is aimed at detecting possible clues of unlawful financial activities camouflaged as purchase and sale transactions involving intellectual property rights through Safe Creative. Said information shall be collected by Stripe in order to create your customer account according to the conditions unilaterally and independently set by Stripe Ltd. In addition to furnishing such information, the User authorises Safe Creative to keep a record of the information during the period their account remains active and for five (5) years following the closure of their account in accordance with legislative standards and rules. All the aforementioned information shall be kept up to date and current. In the event of a failure to fulfil the foregoing, Safe Creative reserves the right to block or close your User account and withhold any amounts due.
  4. The aforementioned identity and verification requirements shall likewise apply to Users buying NFTs or transferees, which shall have a duly configured virtual wallet as set forth in Clause 2.2.

5.- Safe Creative's Commitments

  1. Safe Creative hosts and safeguards the files deposited through this service and undertakes not to make use of them in a way other than as the cases envisaged in these legal terms and conditions unless express consent otherwise has been granted by the right's authors/holders. It shall maintain said files in the same condition in which they have been entrusted to it, ensuring that unauthorised third parties may not have access to them.
  2. Exceptions to the provisions set forth in the preceding paragraph are injunctions and definitive rulings issued by the competent administrative or judicial authorities within the scope of an investigation or legal proceedings of which irrefutable notice has been served.
  3. At the request of the Users having a professional or corporate subscription, Safe Creative undertakes to certify before third parties the contents of their registration record under the terms in which they have been registered and stated and provide the information indicated by the User.
  4. On an exceptional basis, Safe Creative reserves the rights to block, suspend or interrupt access to any contents or services that may be deemed fraudulent, unlawful or contrary to the provisions set forth herein, as well as to exercise any legal actions it deems appropriate to defend its own interests or those of the persons it represents.

6.- Privacy Policy

Signing up or registering as a user of Safe Creative likewise involves expressly accepting our Privacy Policy, which governs the processing of our Users' personal data, access passwords to the service and the security measures implemented to prevent access to, alteration or deletion of our files by unauthorised persons.

7.- Payment Terms and Conditions

Safe Creative offers certain limited services free of charge as well as services which are charged. The registry services' subscription methods and prices are set out at https://www.safecreative.org/ and may be updated on a periodic basis.

As far as the NFT generation and assignment services are concerned, Safe Creative shall apply a fixedamount for the generation, transfer and assignmentof the NFTs to the transferee User, along with a variable amount (percentage) of the price of the licence/rights transfer for access to and use of the platform. Said amounts, including the Value Added Tax which may apply, shall be calculated before the payment, added to the final amount the buyer of the NFT must pay, and shall be settled with the selling or transferor User. In the case of Users residing in the Canary Islands, Ceuta and Melilla, the transaction will be subject to the special taxes which apply and shall be settled by the transferor User.

The payment methods specifically set out at the time of purchase shall be admitted. Safe Creative shall under no circumstances have access to the account details, card number or other payment methods entered on the platform, which are processed through a third-party virtual gateway that uses encrypted communications, thereby preventing the interception of the data being transmitted in accordance with the usual protocols and security requirements set forth by prevailing legislation for payment providers or intermediaries.

Upon a breach of any of the payment obligations set forth herein, the party in breach shall automatically be deemed to be in default without the need for the creditor party serving prior notice of payment and the former shall be obliged to pay the amounts owed plus interest at the legal interest rate set on an annual basis.

The failure to pay any amount shall likewise involve immediate interruption of access to the service. Said access shall be restored as soon as the outstanding amounts are paid, together with relevant interest and charges.

Where the amount of a purchase has been fraudulently or improperly charged using a payment card number, the consumer and cardholder may demand immediate cancellation of the charge pursuant to Article 112 of the Spanish General Consumer and User Protection Act. In such case, the relevant debit and reimbursement entries shall be made on the accounts or cards as soon as possible.

8.- Intellectual Property and Use of Contents

  1. The programming and other elements that make it possible for Safe Creative's services to run, including, but not limited to their source and object code, design, look and feel, texts, graphics and sound and/or image files, are Safe Creative's exclusive property. The user shall have a non-exclusive, non-transferrable right without any territorial limitation to use the aforementioned elements, conditional upon maintaining their status as a registered user and to make use of the service solely in accordance with these terms and conditions. Certain elements are subject to trade secrecy and duly protected, and no kind of access to or use of them is allowed.
  2. The intellectual property rights of the works registered at Safe Creative belong to their authors or, where appropriate, to those to whom such rights have been transferred.
  3. Registration at Safe Creative and, where appropriate, access on Safe Creative's informative registry services do not grant any rights to the persons that query them. Any act involving the exploitation of such rights shall require the consent of their holders.
  4. Should you deem that any of Safe Creative's contents infringe your intellectual property rights or those belonging to third parties, we request that you to inform us of such circumstance by indicating "Notify irregularities in this record" on the record information page of the work in question so that we may take the opportune measures. Submitting, notifying or filing a claim for infringement of intellectual property rights shall involve implementation of the procedure and measures set forth in our "Copyright Claims Infringement Protocol".

Safe Creative grants registered Users a free world-wide licence to use the "Safe Creative" trademark solely for the purpose of identifying or referencing the work's registration or deposit at Safe Creative, either directly or through plugins, bookmarklets and other computer tools and applications that facilitate such registration. Any other use of the "Safe Creative" trademark shall require express written consent.

9.- Liability and Warranties

  1. According to the services' description set forth in these terms and conditions, Safe Creative assumes no liability whatsoever for the veracity, accuracy or timeliness of the data entered by Users, nor for any possible infringements of any rights held by third parties with regard to the registered works, their acts, licences and other actions. The User shall be held liable for and keep Safe Creative harmless, especially from any claims based on an infringement of third parties' intellectual property, confidentiality and corporate secrets, data protection, right to privacy and self-honour, and shall incur any damages, expenses and monetary charges arising from actions, claims or disputes being exercised against Safe Creative for such reasons, including any fees, expenses and charges owed to attorneys and court representatives, even where their involvement is not compulsory.
  2. Safe Creative ensures access to and availability of the services under the terms set forth in the paragraph entitled "Service Level Agreement: Safe Creative SLA" contained herein. All of Safe Creative's services shall be subject to the warranties expressly set forth in the relevant general and/or specific terms and conditions and in consumer and user protection legislation. Safe Creative shall not offer any further commercial or supplementary warranties other than those stated above. In this regard, the warranty shall be for two (2) years in the case of digital content and services as from the date when the passwords and resources for gaining access to such digital content and services are made available, or as from the execution of individual services. The warranty shall not cover any issues arising from obsolescence of the Client's own computer systems.
  3. Safe Creative's obligation of safeguarding the information does not exclude the User's duty and responsibility of having their own security policy and implementing and supervising data backup and recovery systems. Safe Creative shall not be held liable for any direct or consequential damages any deletion or loss of said data may cause. In any event, the parties acknowledge that Safe Creative's maximum liability for any kind of damages shall be limited to the amount or consideration paid to Safe Creative for the services acquired in each case, without detriment to what may be specifically set forth in the consumer and user protection legislation which may apply.
  4. Safe Creative shall not be liable for any errors, inaccuracies or defects, reliability, suitability or purpose, legality and other issues affecting the content of the licences and contracts chosen by the User to set forth the registered works' use policy or licensing thereof, or for any issues or conflicts arising from such licences or contracts, or for the suitability, sufficiency or limitations of the licenses or rights acquired by a User. Safe Creative solely provides the platform so that Users may register, licence, transfer, disseminate, publish and perform certain actions concerning their works or creations and always according to the User's criteria or convenience. In the case of any doubts, the User should seek prior information or advice from specific professionals.
  5. Furthermore and without detriment to the foregoing, Safe Creative shall under no circumstances assume liability for any damages of any kind whatsoever that may arise from registering intellectual property works on the API (Application Programming Interface) integrated into a third party website a unrelated to Safe Creative.
  6. Safe Creative selects and chooses providers and collaborators according to quality, warranty and responsibility criteria. However, as regards services in which Safe Creative acts as an intermediary and which are therefore provided by third parties, it shall not be liable for such services' execution, outcome, operation or any obligations undertaken by them, since the relationship of the User with said services is beyond the scope of this agreement. The User expressly acknowledges and recognises that the relationships they establish with other users or third parties is the liability of the parties in question. In particular, Safe Creative shall under no circumstances warrant or be liable for the fulfilment of any obligations undertaken by the parties through agreements or contracts they enter into on the Safe Creative platform and its role shall be limited to making available a series of solutions and tools that facilitate drawing up, negotiating, accepting and safeguarding such agreements and contracts, without in any way intervening in the business relationships established by the parties.
  7. The conditions, terms or arrangements of the rights licensing or transfer agreements or contracts that are available on the platform have been drawn up by professionals, duly verified and are legally valid. However, due to their general nature, they may not necessarily suit the parties' specific circumstances, aims or purposes. The User likewise accepts and solely assumes all the consequences resulting from any possible errors, inconsistencies, conflicts or contradictions between the contracts that are entered into or accepted on the Safe Creative platform and their own prior or subsequent actions (for instance, contracts, licensing systems used, publication and dissemination of the contents, etc.). Safe Creative declines any liability whatsoever for the platform's use or specific application beyond the technical quality thereof.
  8. As far as the intellectual property query service is concerned, it is stated that the responses, guidance and considerations made do not constitute a legal report or opinion issued by attorneys, but rather a mere legal guidance or indication based on the information and data stated or provided by the User, which may therefore be partial and incomplete, without Safe Creative acting within the framework of the legal profession or subject to the obligations and guarantees laid down for such professionals. The User acknowledges and accepts that such information does not constitute or replace the advice that can be given by a registered attorney who is duly authorised to act and to provide legal advice and defence services within his or her area of jurisdiction. Any liability for the actions carried out by the User as a result of such guidance and recommendations shall therefore be excluded.
  9. In the case of automated registrations made by blog feed/RSS, some website addresses offer different information depending on the blog's specific design features, the place where the query is made or the features of the web browser used. Hence, websites may change the information's arrangement, its appearance, the information displayed, the information available, etc. depending on the country and may adjust its content to the size of mobile devices, etc. It is therefore possible that the information sent to SafeStamper's certification browser may not correspond to what is displayed on another address or browser and it may not even be able to access the information one wishes to register depending on the design features or if the website requires User interaction.
  10. Safe Creative cannot ensure the availability, continuity or absence of errors in the communication services offered by platforms or services unrelated to Safe Creative which may turn out to be necessary to make payments, transactions or the automated registration of works that the User stores or publishes on them, such as Dropbox, Google Drive, Instagram, Google Photos or content syndication systems posted on blogs and specific website addresses. Safe Creative therefore declines any liability for any possible interruptions or errors or for the automated registration service's unavailability where they are due to causes attributable to the platform containing the works.
  11. Copyright information of works licensed on NFTs on the virtual safecreative.org/creators virtual gallery is permanently published on blockchains and decentralised servers/storage systems associated to the virtual wallets of the respective purchasers. Safe Creative does not keep or have any control whatsoever over such elements, blockchains, protocols or the technology underlying the way the NFT operates once it has been created and transferred to the buying or transferee User.

10.- Service Level Agreement: Safe Creative SLA

Definitions.

The definitions indicated below shall apply to the Safe Creative SLA.

  • "Downtime" is construed as the time of inactivity during which 5% of communication operations with the system turn out to be erroneous.
  • "Monthly percentage downtime" means the total number of minutes in a calendar month minus the number of downtime minutes recorded during said moth divided by the calendar month's total number of minutes.
  • "Service credit" means each of the days by which the envisaged expiry date of the account subscribed by the Client is extended free of charge.

Terms of the Safe Creative SLA:

The web interface and API of the services included in Safe Creative accounts shall be operational for Clients of such accounts during an uptime percentage of at least 99% within any calendar month.

Should Safe Creative, S.L. fail to fulfil this level of service (Safe Creative SLA) and the User has subscribed an account which is not free of charge and fulfils the obligations set forth in these terms and conditions of use, the User shall be entitled to receive the relevant service credits according to the table below:

PERCENTAGE DOWNTIME IN THE MONTH SERVICE CREDITS
<99%  >= 97% 3
<97% >= 95% 7
<95% 15

Terminating this Safe Creative SLA is the User's sole legal remedy should Safe Creative fail to provide the agreed service.

The User must request the service credits to which they may be entitled. Such request must be made to Safe Creative within a month after that in which the breach of the Safe Creative SLA may have taken place. Once this time has elapsed, the Client shall lose the right to receive service credits.

The Safe Creative SLA does not apply to communications or performance issues resulting from causes beyond its control, such as: force majeure, due to the Client's equipment, due to third parties unrelated to Safe Creative or both.

11.- Right of Withdrawal

Withdrawal from the agreement shall solely be recognised for Clients/Users that are deemed a consumer or user according to the Law.

In any event, the right of withdrawal does not apply to individual professional registry services for one-off registrations of statements of rights and to generate proof of registration, as these are services that have been fully executed. Neither shall it apply to other immediately executed customised operations, such as the generation of NFTs.

As regards subscription of Safe Creative professional and corporate accounts, the service is available as from the time of subscription.

In the cases where it applies, the User may withdraw from the agreement provided they state such intention within a maximum time limit of 14 calendar days from the date the subscription is entered into. Nonetheless, such right is subject to the exceptions and limitations envisaged in the Law, particularly those included under Article 103 of Spanish Royal Legislative Decree 1/2007 of 16 November approving the consolidated text of the General Consumer and User Protection Act and other supplementary laws, or any provision that may replace it.

Hence, the right of withdrawal shall be extinguished and may not be exercised once the User accesses the services under the framework of a subscription agreement by using their username/passwords, without detriment to the application of other exceptions and limitations.

By accepting these terms and conditions, the Client states and acknowledges having been properly informed about the above and the legal consequences arising from accessing Safe Creative's digital services.

Aside from the conditions mentioned above, the Client may withdraw from the agreement according to the Law by sending an unequivocal written statement stating their intention to terminate the agreement and may use the follow form.

12.- Changes and Term

  1. Safe Creative reserves the right to make changes and updates to the provision of the service from time to time, as well as to its contents, configuration, availability, the way the information is displayed and to these legal terms and conditions, without detriment to any acquired rights. It also reserves the right to temporarily interrupt access in order to carry out maintenance tasks or enhancements without the right to file of any claim whatsoever for any direct or consequential damages arising therefrom beyond those set forth in the paragraph entitled "Safe Creative SLA".
  2. The provision of the subscribed service may be terminated in the event of a breach or infringement by either of the parties of the terms and conditions set forth herein, or from time to time at the request of the User by requesting the relevant deregistration from the registry.

13.- Governing Law and Jurisdiction

The terms and conditions for the provision of this service shall be governed and all its provisions shall be interpreted in accordance with Spanish legislation. Any dispute that may arise between the parties concerning what has been set forth herein shall be submitted to the Courts and Tribunals of the city of Zaragoza. Should the Client or User be deemed a consumer or user according to the Law, the courts and tribunals of their place of residence shall hold jurisdiction.

We additionally inform you that there is a European online dispute resolution platform, which may be accessed at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

14.- Crédits

This product includes data from FeoLite created by MaxMind, available at http://www.maxmind.com.

15.- Corporate Information

This website and the services it provides belong to Safe Creative, S.L. with NIF B99161739 and registered office in Zaragoza, Spain at Calle Bari 39, 3rd Floor, which is duly registered at the Zaragoza Companies Registry on Volume 3534, Book 0, Folio 192, Entry 1.

Safe Creative provides the public keys to its systems, which are available at the following address: Public keys

OFFICES:

Zaragoza
C/ Bari, 39, 3ª Planta – 50197 Zaragoza (Spain)


Safe Creative
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