Terms of se
Last update: 31.01.2021
A. Definitions
-
“Platform”: The copyrightsworld platform that is accessible at https://copyrightsworld.com/ and https://www.toroblocks.com
-
“Company”: The owner and operator of the Platform [Globyworks Ventures PC, Vouliagmenis Avenue 58, 16673, Voula-Athens, GR]
-
“Services”: The services furnished by the Platform, including but not limited to copyright registration and digital file monitoring.
-
“User”: Any natural or legal person who creates a copyrightsworld account and may use the Services.
-
“Digital File”: Any file that the User uploads on the Platform for copyright registration, monitoring or timestamping
-
“Vault”: The secure online location of the User’s Digital Files (also called myUploads)
-
“Copyright Registration”: The technical process of guaranteeing time specific proof of existence of the Users’ Digital Files. The Copyright Registration is implemented via CW-Chain, the Company’s innovative timestamping system. More information on CW-Chain can be found here.
-
“Certificate of Registration”: The document provided by the Company to the Users certifying the registration of the Users’ Digital Files in the Platform. When the user is also the rights owner of the registered file, then this becomes a Certificate of Ownership.
-
“Defender”: The Company’s service that constantly crawls the web, identifies and reports back when someone uses publicly the Digital Files. The identification of the Digital Files’ content is provided for text and non-moving images. (also called Monitoring)
-
“Take Down Notice”: A notice notifying an individual or an organization of an allegation regarding an infringing use of the content of the Digital Files.
-
“Court Report”: A document containing all information regarding the Digital File, the Copyright Registration process, the Certificate of Registration, the Defender report, and the Take Down Notice. The Court Report is intended to be filed to court or other authority for the purpose of proving the Users’ copyright in the content of the Digital Files.
B. User Account
-
Users must create an account on the Platform to be granted access to the Services. Users will have to select their login credentials [login name and password].
-
User accounts are strictly personal and non-transferable in whole or in part. Users may not allow the use of their account to third parties [e.g. by means of sharing their log-in credentials]. Users are obligated to keep their login credentials confidential. Users may not use the account of other persons or attempt to gain unauthorized access to the Platform and/or the Services.
-
Users guarantee the validity and accuracy of the information that they provide to the Platform and undertake the obligation to update such information whenever necessary.
-
Legal persons can create an account through their legal representative or any other authorized person. The Company does not control the validity of the legal persons’ representation or authorization. Individuals that attempt to represent legal persons or other individuals without authorization can be held liable to the Company.
C. Conclusion of a Contract
-
By creating an account Users accept the Terms of Service and enter a legally binding agreement with the Company.
-
The Terms of Service apply uniformly to all Users. Individual agreements prevail over the Term of Service only if recorded in writing.
-
The Company may modify the Terms of Service at any time at its sole discretion. Users will be prompted to accept the modifications. The Company may block or terminate access of the User to the Platform or any of the Services should the User fail to accept the modifications.
D. User Obligations
-
Users shall not use the Platform and/or the Services for unlawful purposes.
-
Users shall not disrupt the operation of the Platform and/or the Services or interfere with servers of the Company.
-
Users shall not attempt to upload or process anything through the Platform that contains malware, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of the Platform and/or the Services. The Company has the right to delete immediately and permanently such file or other digital material.
-
Users shall not upload to the Platform any Digital Files with illegal or infringing content, including content that infringes copyrights, personality rights, privacy rights, trade secrets or other rights of third parties. The Company has the right to delete immediately and permanently such file or other digital material. Users shall defend, indemnify, and hold harmless the Company from any and all losses for infringement of said rights. Users shall pay to the Company any amount that the Company shall be ordered to pay to any third party, as well as compensate the Company for any material damage and moral prejudice.
-
Users shall always store locally and maintain a copy for back-up purposes of the Digital Files that are uploaded in the Vault. The Platform’s intended operation is not one of a file hosting provider/ cyberlocker. The Company does not offer file hosting services. The Digital Files are uploaded and stored on the Platform for the sole purpose of furnishing the Services.
E. Provided Services
I. Introduction
-
The Company will use its best endeavors to ensure that the Platform and the Services will be available and operational at all times. However, the Platform and/or the Services may occasionally be unavailable for maintenance or because of unexpected and unforeseen technical issues or failure to provide a service from third party service providers.
-
The Company shall not be held liable for any unavailability of the Platform and/or the Services unless such unavailability can be ascribed to intentional or grossly negligent conduct of the Company.
-
The Company may change the way it's services are being provided (technically or other) via the Platform at any time.
-
The Company shall have the right to discontinue the operation of the Platform and the furnishing of the Services at any time. Should this be the case, the Company shall inform the Users per e-mail and set a reasonable time period, during which the Users will be able to download any Digital Files stored in their Vault. After the end of this time period the Company shall have the right by sole decision to Soft delete or delete permanently all Digital Files of the Users.
-
Failure to renew the subscription to the Services shall terminate the furnishing of Services thereof to the Users. Users that choose not to renew their subscription will be given a reasonable time period, during which they will be able to download any Digital Files stored in their Vault. After the end of this time period the Company shall have the right by sole decision to Soft delete or delete permanently all Digital Files of the Users.
II. Copyright registration
-
The purpose of Copyright Registration as a Service is to guarantee time specific proof of existence of the Users’ Digital Files [digital timestamping].
-
Copyright protection is recognized and afforded under the conditions set out in national and international copyright laws. Users are informed that Copyright Registration does not provide proof that the content of the Digital File is copyright protected subject matter.
-
The conditions of authorship or copyright ownership of copyrighted subject matter are determined by national and international copyright laws and private agreements. Users are informed that Copyright Registration does not provide proof that the User is the real author or other rights holder of the copyright in the subject matter contained in the digital file.
-
With few exceptions, national copyright laws afford copyright protection without the need to comply to any formalities. Users are informed that Copyright Registration is not a condition to receive copyright protection in the content of the Digital Files.
-
After Copyright Registration the Company will issue a downloadable and printable Certificate of Registration for the content of each Digital File. The Certificate of Registration will be available in the User’s dashboard in the Platform.
III. Digital file Use Monitoring
-
The Company shall use its best endeavors to ensure that the Monitoring system identifies online uses of the content contained in the Digital Files to the maximum extent possible. Users recognize and accept that some online uses of the content contained in the Digital Files might not be identified by the Monitoring system. The Company shall not be liable for any failure to identify an online use of the content contained in the Digital Files unless such failure can be ascribed to intentional or grossly negligent conduct of the Company.
-
The frequency and territorial extent of crawling undertaken by the Defender shall be determined by the Vault Plan purchased by the User. .
IV. No legal services
-
The Platform does not provide legal advice or legal services and the Company is not a law firm. Use of the Platform and/or the Services shall not constitute an attorney-client relationship between the Users and the Company.
-
Users should not act upon the information on the Platform or the Services, or decide not to act based upon such information, without first seeking appropriate professional counsel from an attorney licensed in the Users’ jurisdiction.
F. Fees
-
All fees for the Services are posted on the Platform. The Company shall have the right to raise or lower the fees at its sole discretion and with immediate effect. Services already paid for shall not be affected by such alterations.
-
Users may request refunds within 30 days of any purchase. After that period (of 30 days) no refunds shall be issued by the company.
-
Fees shall not be refunded to the User as long as the Services are furnished.
G. Intellectual Property
-
The Digital Files and all copyright protected subject matter contained therein remain intellectual property of the Users.
-
Users grant Company a non-exclusive, perpetual, global and transferable license to use the Digital Files and any copyright protected subject matter contained therein for the purposes of the operation of the Platform and the furnishing of the Services [including. a license to make copies, a license scan and create back up files, a license to share at Users’ request].
-
All Meta-Data generated by the Company are property of the Company. The Company has an unlimited right to store, use, transfer, license, sell, disclose or delete the Meta-Data.
-
Unless otherwise noted, all materials, including but not limited to images, illustrations, designs, icons, photographs, video clips, software, and written and other materials that are part of the Platform or any other website of the Company are protected under copyright laws and are the trademarks, trade dress and/or other intellectual properties owned, controlled, or licensed by the Company. No part of these materials may otherwise be copied, reproduced, stored, republished, uploaded, posted, transmitted, or distributed in any form or by any means, electronic or mechanical, now known or hereafter invented, without the prior written permission from the Company.
-
Acts of Text and Data Mining on the Platform are not permitted. The copyright exception for Text and Data Mining shall not apply to the Platform or any other website of the Company [see Art. 4 para. 3 Directive (EU) 790/2019].
H. Disclaimers and Liability
The Company does not guarantee the availability or usability of the Platform and/or the Services. In particular, the Company neither guarantees the outcome of copyright litigation or negotiations for an out-of-court settlement nor that courts or other authorities will recognize the reliability and validity of the Copyright Registration, the Certificate of Registration, the Defender reports, the Court Report or any other document, process or system provided by the Company and shall not be liable to the Users in such a case.
I. Access Blocking and Account Termination
In the event of any violation of the Terms of Service, Company may block or terminate access of the User to the Platform or any of the Services.
J. Applicable Law and Jurisdiction
Unless otherwise provided by a mandatory law the contract between the Users and the Company and any contractual or non-contractual claims arising thereof shall be governed by Greek Law with the exception of conflict of law rules, and the Courts of Athens, Greece shall have international jurisdiction for any disputes between the Company and the Users.