Terms and conditions of Use of the Creacollect.com platform.
This document contains the full text of the “Terms and Conditions of use” of the Creacollect.com platform pertaining to the use of the services offered by the website www.creacollect.com.
Creacollect.com is owned by CreaCollect Ltd (from here on, CreaCollect), 71-75, Shelton Street, Covent Garden, London, WC2H9JQ, Company Nr: 11714347.
By registering as a User and using the services offered by CreaCollect.com, you are declaring complete acceptance without reservations of these here “Terms and Conditions of use”, which we therefore ask you to read in detail with attention.
The “Terms and Conditions of Use” are written in the English language. Any translations into other languages are provided solely for the convenience of the Users, but do not constitute an alternative and official version.
Description of the Service CreaCollect.com is a web platform that allows you to deposit and protect music works in digital format, to which the holders of such rights may associate licenses for use and distribution (as an example, and not exhaustively: Creative Commons licenses, Copyright, etc.).
Protection takes place by means of digital timestamping, an IT procedure by means of which a temporal reference, which can be opposed to third parties, is attributed to an IT document.
When a music work is deposited online, CreaCollect.com releases:
* a certificate of authorship that contains the personal data of the author as indicated at the time of deposit, together with some identification data of the work being deposited, including the distribution license chosen at the time of filing/deposit and a unique CreaCollect.com license number;
* an archive containing the original music work and the declaration of authorship referred to in the previous point;
* a timestamp, that has a legal validity of 20 years, which, accompanied by the archive containing the original work referred to in the previous point, certifies with certainty of date and time, the moment the work was filed/deposited on CreaCollect.com.
To access some of the services offered by Creacollect one requires an account that can be created on the www.creacollect.com website.
The account chosen by the User is strictly personal and cannot be transferred, not even temporarily, to third parties. To activate the chosen account, it is necessary to complete the registration procedure, answering the confirmation email that the User will receive at the email address indicated during the registration phase.
Exclusive Rights and Responsibilities
The User undertakes to request that a timestamp be attached exclusively to content of which it has the ownership rights and / or availability, also undertaking not to violate any intellectual or industrial property rights or other rights of third parties. The User undertakes to relieve CreaCollect as from now for any liability connected, directly or indirectly, to the contents for which it requires the attachment of the timestamp. In any case, the User undertakes not to request timestamps for content contrary to mandatory rules, public order and morality and / or third party rights.
If CreaCollect deems, at its sole and incontestable discretion, that the behavior of a User does not comply to these here “Terms and conditions of use”, CreaCollect reserves the right to limit, suspend and / or interrupt the User’s access to the platform.
Likewise, the User acknowledges to CreaCollect the right to modify and / or remove content published in the “Comments” section and in the discussion forums, in the event that CreaCollect considered, at its sole discretion, that such contents were contrary to these here “Terms and conditions of use” or to mandatory rules, public order or morality, or if it were to comply with a request from the judicial authority or other competent authority.
In the event of contents not complying with these here “Terms and conditions of use” or that violate third party rights, mandatory regulations, public order and / or morality, one can file a report by writing to firstname.lastname@example.org.
CreaCollect does not guarantee the supply and / or access to its platform and its services on an ongoing and uninterrupted basis. Without prejudice to the given provisions of current legislation, the User undertakes to relieve CreaCollect from any damage resulting from sudden interruption of services offered or disservices and / or loss of data attributable due to force majeure (by way of example and not exhaustively: events such as blackouts, fires, explosions, earthquakes, disasters, floods).
Obbligations of the User
The User is required to keep a copy of the archive and of the timestamp related to each work he/she deposited. The User is responsible for the renewal of the timestamp related to the works deposited by means of a new marking procedure, preferably after 10 years from the time of deposit of the work, and, in any case, before the expiry of the timestamp itself.
Obbligations of CreaCollect
CreaCollect guarantees the IT validity of the timestamps released by means of its marking system and guarantees their legal validity of 20 years.
CreaCollect reserves the right to modify, at any time and without notice, these here “Terms and conditions of use”, by publishing the new version on its website. The new terms and conditions of use will be effective 10 (ten) days after the date of publication on the site. It is the User’s right to deactivate his/her registration and account, in case of disagreement with the changes made. Any nullity, invalidity or ineffectiveness of one or more clauses of the “Terms and conditions of use” is not extended to the other remaining clauses.
Applicable Law and Competent Court
Unless otherwise provided by law, for any dispute related to interpretation, execution or termination of this contract, the exclusive jurisdiction will be of the High Court of Justice of London.