CREATIVITYSAFE TERMS OF SERVICE

 

 

April 14, 2019

 

These terms of service (“Terms of Service”) apply to all the services provided by CreativitySafe (“CreativitySafe“, “we” and “our“) to the User (“User/s“) and regulate the access and use of the CreativitySafe Website by the User.

The User is invited to read carefully and understand these Terms of Service before purchasing a service on the CreativitySafe website. If the User does not accept these Terms of Service, he/she will not be able to purchase services on the CreativitySafe website.

We recommend the User to print and keep a copy of this document for future consultations.

Where accepted, the following Terms of Service constitute the agreement (“Agreement“) entered by CreativitySafe and the User. This Agreement applies both (a) to the functionalities offered by the CreativitySafe website [www.creativitysafe.com] and any associated website or related mobile application of CreativitySafe used by the User (collectively the “Site“), and (b) to the purchase of each service offered by CreativitySafe to the User (the “Service(s)“).

The User accepts this Agreement by registering on the CreativitySafe Website.

  1. DEFINITIONS
  • Site: CreativitySafe website [com] and any associated website or related mobile application of CreativitySafe;
  • Service(s): any service the User may purchase through the Site, as identified in detail in the following Clause 4;
  • Clause(s): each article of these Terms of Service;
  • User(s): user of the services offered by CreativitySafe;
  • Content(s): the files for which the User wishes to timestamp;
  • Terms of Service: these general conditions and terms of sale and service that govern access to and use of the Site;
  • Agreement: the agreement on these Terms of Service, which is finalized from the moment the User registers the CreativitySafe Account;
  • Certification: the affixing of a timestamp, through a transaction in the Blockchain, which allows the User to prove at any time and place the timestamp relating to its Content.
  • Certificate: the document attached to the certification email referred to in Clause 8.2;
  • CreativitySafe Account: User’s Account to use the functionalities of the Site and purchase the Services;
  • Hash: an alphanumeric string that identifies a certain file and is calculated according to recognized algorithms. CreativitySafe uses the algorithm SHA256 developed by the National Security Agency of the United States of America (US patent 6829355). The hash varies as a result of the slightest variation in the file it identifies; and
  • Data Protection Regulation: General Data Protection Regulation (“Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC” – the “GDPR”), and all applicable data protection laws and regulations.

 

  1. CONTACTS OF CREATIVITYSAFE

The provider of the Services and owner of the CreativitySafe Site is the company CreativitySafe SRL, with registered office at Via Vivaio n. 6, 20122 Milan (MI), VAT number 10552740960.

Any notices to CreativitySafe shall be sent via email at:

info@creativitysafe.com

  1. CREATIVITYSAFE ACCOUNT – ACTIVATION AND REMOVAL

3.1.     CreativitySafe Account Registration

To use one of the Services, it is necessary to access the Site and fill out the “Registration” form. The User will be asked to provide an email, a username and to choose a password. The User shall also accept these Terms of Service, by clicking on the box: “I have read and accepted the Terms of Service of CreativitySafe” and then on the box for accepting the so-called “unfair” clauses within the meaning and for the purposes of art. 1341 of the Civil Code.

 

3.2 User Statements for the Account Registration on CreativitySafe

In order to register the Account on CreativitySafe, the User declares, under his/her own responsibility:

 

  1. that he/she is at least 18 years of age;
  2. that the personal and identification data provided to CreativitySafe correspond to the truth;
  3. that the personal and identification data provided to CreativitySafe guarantee a prompt communication by CreativitySafe to the User in case of need;
  4. that by using one of the Services he/she is not infringing in any way the intellectual property rights of third parties;
  5. that he/she is the author/owner of the Content(s) or, if acting on behalf of a third party, he/she is lawfully authorised to use such Content for Certification through CreativitySafe; and
  6. that by using one of the Services he/she is not in any way infringing any applicable regulations; and
  7. that he/she is a natural person, acting for non-professional purposes and therefore purchasing one or more Services as a consumer (“Consumer User“); or alternatively
  8. that he/she is a natural or legal person acting for professional purposes and purchasing one or more Services over their professional activity (“Business User“).

Once the User has completed the registration process, CreativitySafe will activate the CreativitySafe Account and the User will have full access to the functions of the Site as made available from time to time.

3.3.     Discontinuity/Termination and deletion of the Account on CreativitySafe

CreativitySafe may discontinue or terminate the User’s access to one or all of the Services and/or deactivate or delete the Account:

– (i) under an order by a competent judicial authority;

– (ii) if the User, despite having purchased one of the Services in subscription, does not make the due payments in time; or

– (iii) if CreativitySafe reasonably suspects that the User is using his/her CreativitySafe Account to carry out illegal activities and/or activities expressly prohibited as set out in Clause 3.4 below.

3.4.     Prohibited Activities

The User shall not:

– Participate in a transaction involving the proceeds of any illegal activity;

– Fraud or attempt to fraud CreativitySafe or other Users of CreativitySafe;

– Collect or otherwise extract information from the Website relating to other Users, including but not limited to e-mail addresses;

– Violate the copyright, patent, trademark or intellectual property rights of CreativitySafe;

– Defame, abuse, harass, persecute, threaten or otherwise infringe or violate the rights of third parties (such as, but not limited to, intellectual property rights and lawfull data processing);

– Provide false, inaccurate or misleading information;

– Engage in actions that require an unreasonable or disproportionate burden on our infrastructure, or adversely interfere with, intercept or expropriate any system, data or information;

– Interfere with access to or use of any of the Services by another person or entity;

– Attempt to gain unauthorized access to the Site, other accounts on CreativitySafe, computer systems or networks connected to the Site, through password mining or any other means;

– Violate or assist other parties in violation of any law, rule, regulation or any other mandatory rule;

– Publish, distribute or disclose any illegal material or information;

– Use third parties’ information on the CreativitySafe account to access or use the Site or other Services.

– Send or upload any material on the Site that contains viruses, Trojan horses, worms or other harmful or harmful programs;

– Have other users of the Site violate Clauses or any copyright, trademark, personality right or data protection right or any other proprietary right under the law.

Please note that the above list is provided by way of example and is not exhaustive.

  1.  THE SERVICES OFFERED BY CREATIVITYSAFE

4.1.     Basic Services

CreativitySafe offers the following Basic Services to Users:

– RECHARGEABLE service (“Rechargeable Service“) consisting in the supply at the total price of Euro 15 (VAT included) of 3 (three) Certifications, available within 12 (twelve) months from the time of purchase. Once the aforementioned 12-month period has expired without using the Certifications, such Certifications shall no longer be used by the User and he/she shall not be entitled to any refund or any other compensiona for any reason whatsoever. CreativitySafe shall send a notice to the User at least 30 days before the expiration of the above mentioned 12-month period.

– BASIC Service (“BASIC Service“) consisting of a quarterly subscription at the price of Euro 25 (including VAT) per month (the “BASIC Fee“) for the supply of 7 Certifications per month. The number of monthly Certifications cannot be accumulated from month to month. As such, if the User does not use the entire number of monthly Certifications, the remaining monthly Certifications cannot be used in the following months and will be permanently lost. The subscription to the BASIC Service will be automatically renewed for an equivalent period of another 3 months, unless terminated in the way indicated in this Agreement.

– PRO Service (“PRO Service“) consisting of an annual subscription at the price of Euro 75 (including VAT) per month (the “PRO Fee“) for the supply of 25 Certifications per month. The number of monthly Certifications cannot be accumulated from month to month. As such if the User does not use the entire number of monthly Certifications, the remaining monthly Certifications cannot be used in the following months and will be permanently lost. The subscription to the PRO service will be renewed automatically from year to year, unless terminated in the way indicated in this Agreement.

– CREATIVITYSAFE 4 INSTAGRAM-Rechargeable service (“CSxIG-r Service“) consisting in the supply – for the total price of Euro 7 (VAT included) – of 3 (three) Certifications exclusively referred to the registration of posts on Instagram, available within 12 (twelve) months of the moment the purchase was carried out. After the expiration of the 12 months aforementioned 12-month period without using the Certifications, these shall no longer be used by the User and he/she shall not be intitled to any refund or any other compensation for any reason whatsoever. CreativitySafe shall send the User a notice at least 30 days before the expiration of the aforementioned 12-month period.

– CREATIVITYSAFE 4 INSTAGRAM-monthly service (“CSxIG-m service“) consisting of a quarterly subscription at the price of Euro 13 (including VAT) per month (the “CSxIG-monthly fee“) for the provision of 20 Certifications per month exclusively referred to the registration of individual posts on Instagram. The number of monthly Certifications cannot be accumulated from month to month. As such, if the User does not use from the entire number of monthly Certifications, the remaining monthly Certifications cannot be used in the following months and will be permanently lost. The subscription will be renewed automatically from quarter to quarter, unless terminated in the way indicated in this Agreement.

– CREATIVITYSAFE 4 INSTAGRAM-annual service (“CSxIG-a service“) consisting of an annual subscription at the price of Euro 99 (including VAT) per year (the “CSxIG-annual fee“) for the supply of 250 Certifications per year exclusively referred to the registration of individual posts on Instagram. The number of annual Certifications cannot be accumulated from year to year. As such, if the User does not use from the entire number of annual Certifications, the remaining Certifications cannot be used in subsequent years and will be permanently lost. The subscription will be renewed automatically from year to year, unless terminated in the way indicated in this Agreement.

4.2.     Free Additional Services

By purchasing any of the Basic Service, the User will also have free access to the following additional services:

  1. Authorship Dossier: it allows to form a file with all the documents useful and necessary to prove the registration and authorship of certified Content, through a form pre-prepared by CreativitySafe that will guide the User in creating the Dossier. The file will be kept in the reserved area of the Site.
  2. IncognitoMode: it allows to certify the Contents through the registration of only the unique hexadecimal code (HASH), without sharing with CreativitySafe the Contents the User wants to certify.
  3. Creativity Cloud: represents the Cloud space reserved by CreativitySafe for the User (in the reserved area), where the Certificate, as well as all the documents uploaded by the User (including the copyright file and the Autonomous Validation Kit) are deposited. The Cloud space will be of:

– (i) 1 GB for the RECHARGEABLE Service and for the CSxIG-r Service

– (ii) 3 GB for the BASIC Service and the CSxIG-m Service

– (iii) 10 GB for the PRO Service and the CSxIG-a Service

Please note that the Cloud space can be deleted by CreativitySafe starting from the quarter following the cancellation of the subscription Service (BASIC, PRO, CSxIG-m and CSxIG-a services) or if the user remains inactive for more than one year (RECHARGEABLE Service or CSxIG-r Service). In any case, one month before the suspension, CreativitySafe will send an email to the User, so that he/she can download on his/her devices the documents stored in the Cloud space. Please note that from the cancellation of the Cloud space reserved for the User, according to the terms and conditions described above, CreativitySafe will no longer have any responsibility for the preservation of the Contents stored therein.

  1. Autonomous Validation Kit: files (informative and instrumental) that allow the User to individually validate the registration with the Blockchain of the Contents he/she has certified.

 

4.3.     Service “Showcase of Ideas”

In addition to the Basic Services, through the Service “Showcase of Ideas” the User can promote its Certified Content in the “Showcase” section (i.e. the blog) of the Site in the form of an article with photos (“Post“), according to the following operating procedures:

  • (i) if the User provides via email both the text (maximum 1000 characters) and the images (maximum 2 images) that will form the Post asking CreativitySafe only the revision of texts, layout and publication on the Site, the service Showcase will be free and therefore it will not entail additional costs compared to the purchase price of one of the basic Services.
  • (ii) if the User provides only the images and instructions for the content of the text, asking via email CreativitySafe the drafting of the text, as well as the layout and publication of the Post, the Showcase service will cost 50 (fifty) euros, to be paid by following the instructions on the Site.
  • (iii) Finally, if the User chooses to entrust the creation of the entire Post to CreativitySafe, asking for both the editing and the photographic service of the certified Content to be published, as well as the layout and publication, the price of the Showcase service will be determined by CreativitySafe, after sending a quote commensurate with the activity CreativitySafe will actually perform, taking into account also the variables relative to the cost of the photographic service (for example, the place where you agree to take the photo shoot). The price shall be paid in the way used for the purchase of the Service following the instructions on the Site.

 

Please note that CreativitySafe reserves the right to refuse at its sole discretion and without justification the publication of the Post, if the content in the text and/or images are in breach of the law, or are contrary to the company policy of CreativitySafe, including with reference to the minimum editorial requirements.

4.4.     Other Services

CreativitySafe may add additional Services, which shall be governed by a specific annex to this Agreement.

  1.  HOW TO BUY A SERVICE

Once the User has selected the Service that better suits his/her needs, the User, who already holds a CreativitySafe Account, will complete the purchase in the “Offers” section of the Site clicking on the button relating to the selected service, entering the required data in the pertaining form (“Purchase Form“) and clicking on the button to confirm the payment in order to complete the purchase of the selected Service.

Only after completing the online payment procedure, the User may send to CreativitySafe the purchase order of the selected Service (“Service Order“) by clicking on the pertaining button.

  1.  PAYMENT OF THE CHOSEN SERVICE

The online Payment is made via PayPal, which is therefore required to complete the payment.

Please note that the prices of the Services are indicated inclusive of VAT.

CreativitySafe reserves the right to change the price of its Services at any time. It is understood that any change will not affect in any way the Service Orders already concluded before the change.

6.1.     Payment of Fees for Subscription Services

With regard to subscription services, the BASIC Fee, the PRO Fee and the CREATIVITYSAFE 4 INSTAGRAM-m Fee (together the “Fee“) will be paid monthly. To this end, the User shall pay the Fee at the time of purchase of the Service and subsequently 30 days after the first payment and then month by month for the duration of the subscription chosen.

With reference to the subscription service CREATIVITYSAFE 4 INSTAGRAM-a, the payment of the Fee will be made annually in a single payment. To this end, the User shall pay the Fee at the time of purchase of the Service and then 365 days after the first payment and so year after year for the duration of the subscription chosen.

If the Fee is not paid by the User, CreativitySafe will send a reminder email to the User who can proceed with the payment within 7 (seven) days of receipt of the email, without incurring in the payment of interest pursuant to Legislative Decree no. 231 of 9 October 2002. At the end of this period, the Service purchased by the User will be suspended until the balance of the amount due. If the payment of the periodic fee is intentionally suspended by the User, CreativitySafe will immediately suspend the Services purchased.

6.2.     Payment and Invoicing for Business Users

For Business Users, please note that over the payment procedure the Business User will be asked to fill in the VAT number and billing information necessary (wherever required) for electronic invoicing.

CreativitySafe will issue the invoices with the data entered by the User during payment procedure, such invoices will be then made available to the Business User in his/her private area and stored for 12 months.

Without prejudice to the possibility of asserting one’s rights under the applicable laws within the statute of limitations, if the Business User does not ask for rectifying the data contained in the invoice, each invoice shall be deemed accepted within 3 (three) days of the date on which it is available in the reserved area.

  1.  SUMMARY OF THE SERVICE ORDER

Upon completion of the purchase process – as described in Clauses 5 and 6 above – the User will receive an email with the details of the Service Order (“Service Order Summary“).

The Service Order Summary constitutes CreativitySafe’s acceptance of the Service Order which shall become binding on the User and CreativitySafe upon receipt of the Service Order Summary.

CreativitySafe reserves the right to confirm the correct completion of the purchase procedure carried out by the User and, therefore, to resend the Service Order Summary within 3 days as errors or anomalies may occur, for example of an IT nature or in payment flows, and in any case for reasons of force majeure. In any case, the purchased Service is activated at the same time as the sending of the first Service Order Summary; in case of CreativitySafe error nothing will be due by the Customer, even for the use that in the meantime may have been made of the services of the Site.

7.1.     Contents of the Service Order Summary

The Service Order Summary will contain:

  • a summary of the essential characteristics of the Service chosen by the User in each Service Order;
  • a detailed indication of the price, including VAT;
  • confirmation of payment made by the User;

It is recommended to keep the email received as proof of purchase or to store it on a durable support.

The Service Order will be stored in the CreativitySafe database for the time necessary to perform the service contained in the Service Order and, in any case, within the terms provided by law.

7.2.     Non-acceptance of the Service Order

CreativitySafe shall be entitled to refuse the Service Order, if:

  1. CreativitySafe does not receive authorization to charge the cost of the Service Order;
  2. CreativitySafe is satisfied that the User does not meet the eligibility criteria set out in Clause 3.2 above; and
  3. at the time of purchase of the CreativitySafe Service the price indicated is clearly incorrect and recognisable as such.

If one of the above assumptions occurs, CreativitySafe:

  1. will indicate in detail the circumstance for which the Service Order has not been finalized, in the Service Order Summary;
  2. will not perform the Service; and

– in the case sub letter b) and c) will refund the User.

  1.  USE OF PURCHASED CERTIFICATIONS

Once received the Service Order Summary, the User may use the Certifications purchased.

To do so, the User shall enter the “Certification” section of the Site and click alternately on “Proceed and Register in Standard Mode” or “Proceed and Register in IncognitoMode” and fill in the appropriate form with the required data and upload the file of the Content(s) he/she wishes to certify.

Unlike the standard procedure, the IncognitoMode encryption process, necessary to the registration with the Blockchain, is carried out directly by the User on his/her own device and not through the Site.

It should also be noted that the User can upload password-protected files or entire groups of password-protected files.

After filling in the form, the User shall click on the “Send Registration Request on Blockchain” box to finalize the certification request.

In the case of the CREATIVITYSAFE 4 INSTAGRAM Service, monthly or yearly, the User shall send an email to the address creativitysafe@gmail.com in order to communicate the link to the post published on Instagram that he/she wants to certify. Then CreativitySafe will finalize the registration with the blockchain of the desired instagram post as well as of the text file contained in the email that shows the link to the post. If the email account from which the user sends the email containing the link is different from that used for registration to the Site, it shall be communicated to CreativitySafe using the form on the Site. Without such notification, the registration request shall be suspended for 7 (seven) days, after which CreativitySafe can cancel it. The Instagram web page where the user has published the post must be “public” and therefore freely accessible to CreativitySafe. In this case the IncognitoMode cannot be activated.

 

8.1.     Illegal and/or Defective Files

Please note that if the Contents provided by the User are illegal, CreativitySafe reserves the right not to proceed with the Registration, acknowledging the User with the Certification Email.

Please note that if the Contents sent via files by the User are not readable or otherwise defective for any reason CreativitySafe will contact the User for a new sending of these files in order to finalize the procedure. After 3 (three) deliveries of such files, from the User to CreativitySafe, if they are steel defective the relevant Service Order shall be considered terminated.

8.2.     The Certificate

The User will receive within 48 (forty-eight) hours an email of certification (“Certification Email“), containing the “Certificate“, which provides the User:

  1. the Hash (or unique file identification code or file fingerprint), relating to the Content to which the timestamp has been affixed and the related transaction data on the Bitcoin Blockchain;
  2. the Hash, concerning the .zip file, eith all the other files and documents uploaded by the User to the Purchase Form that have been further timestamped and the related transaction data on the Bitcoin Blockchain; and
  3. the technical and informational files for autonomous registration validation.

Following the completion of the Certification, the User may view his/her Content in the reserved area on the Site, as well as take advantage of other additional services purchased.

In the event the User wishes to disclose the Blockchain certification – also to deter possible infringers, he/she will also receive a graphic file (the Stiker .jpg) in the Certification Email and – if he/she has uploaded the representative image of the work – a second graphic file (the Image Timestamped.jpg, containing the essential data of the Certification, Certified Content that the User can place on the Contents.

8.3.   Certification Defects

If the User does not receive the Certification Email or receives it without content or with corrupted files, he/she may notify CreativitySafe of such problems within 3 (three) days from the date on which he/she sent the certification request. Once this period has elapsed, the Certification shall be deemed to have been correctly received and the User shall not be able to assert any type of liability towards CreativitySafe.

In the event CreativitySafe recognizes thar a malfunction is due to its sole responsibility, the User shall be refunded the value corresponding to the Certification not used and, if the malfunction persists once the User has made new attempts at registration, he/she shall be entitled to a refund of the value of the package purchased (RECHARGEABLE offer) or of the last monthly installment paid (PRO and BASIC services).

  1.  RIGHT OF WITHDRAWAL FOR CONSUMER USERS

9.1.     The Right of Withdrawal

If the User is a Consumer User, as defined in Clause 3.2. n. 7 above, he/she may withdraw from any Service Order previously purchased, without giving any reasons, within 14 days.

Please note that Business Users do not have the right of withdrawal.

The withdrawal period expires after 14 days from the conclusion of the Service Order, namely from the date of receipt of the Service Order Summary (which constitutes the date of conclusion of the contract between CreativitySafe and the Consumer User for the Service indicated by the Consumer User in the Service Order); accepting this Agreement the User expressly requests that the performance covered by the Service Order begin during the withdrawal period, pursuant to art. 51, paragraph 8 of the Consumer Code.

9.2.     How to Exercise the Right of Withdrawal

In order to exercise the right of withdrawal, the Consumer User is required to inform CreativitySafe SRL of its decision to withdraw from the Service Order, alternatively formalised through:

 

  1. WITHDRAWAL FORM set out in Annex I, Part B of the Consumer Code, which has to be sent to CreativitySafe at email address: info@creativitysafe.com;
  2. other explicit declaration of his/her request sent to CreativitySafe at the email address: info@creativitysafe.com;
  3. WITHDRAWAL FORM available at the web site: https://creativitysafe.com/area-riservata-documenti/ in the reserved area of the Consumer User.

In case of withdrawal, CreativitySafe will send to the Consumer User, without delay, a confirmation of the withdrawal reception to the e-mail address provided by the Consumer User in his/her CreativitySafe Account.

It should be noted that the Consumer User Right will be timely exercised only if he/she has sent the request for withdrawal within 14 (fourteen) days of receipt of the Summary of the Service Order relating to the Service he/she has purchased and from which he/she wants to withdraw.

9.3.     Withdrawal Effects

After the exercise by the Consumer User of the Withdrawal Right, pursuant to art. 57, paragraph 3 of the Consumer Code, CreativitySafe will refund the Consumer User propotionally according to what has been previously provided, according to the following indications:

  • (i) RECHARGEABLE Service: each of the three purchased Certification is equivalent to 1/3 of the paid price. Therefore, the paid price of Euro 15 will be refunded 100% if the User has not carried out any Certification, for 2/3 if he/she has carried out 1 Certification, for 2/3 if he/she has carried out 2 Certifications while he will not be entitled to any refund if, within 14 days from the purchase of the RECHARGEABLE Service, he/she has already used all three Certifications purchased.
  • (ii) BASIC Service: the refund of the monthly subscription price of 25 Euro will be calculated proportionally according to the mechanism described in point i), taking into account the number of used registrations, compared to the 8 monthly registrations the User has purchased.
  • (iii) PRO Service: the refund of 75 Euro will be calculated proportionally according to the mechanism described in point i), considering the number of used registrations, compared to the 25 monthly registrations the User has purchased.
  • (iv) CSxIG-r Service: each of the three purchased Certification is equivalent to 1/3 of the price paid. Therefore, the price paid of Euro 7 will be refunded 100% if the User has not carried out any Certification, for 2/3 if he/she has carried out 1 Certification, for 2/3 if he/she has carried out 2 Certifications while he will not be entitled to any refund if, within 14 days from the purchase of the RECHARGEABLE Service, he/she has already used all three Certifications purchased.
  • (v) CSxIG-m Service: the refund of the 13 Euro will be calculated proportionally according to the mechanism described in point i), considering the number of used registrations, compared to the 20 monthly registrations the User has purchased.
  • (vi) CSxIG-a Service: the refund of 99 Euro will be calculated proportionally according to the mechanism described in point i), considering the number of used registrations, compared to the 250 annual registrations the User has purchased.

 

In any case, if the Consumer User has also purchased the Service “Showcase of Ideas” or other extra services provided from time to time without using all of them, he/she will be refunded proportionally to the services he/she did not actually use as it will not be able to refund the costs already borne by CreativitySafe.

  1. CANCELLATION OF SUBSCRIPTION SERVICES

The User may cancel the BASIC and/or PRO and/or CSxIG-a and/or CSxIG-m Service(s) purchased sending an email at the address info@creativitysafe.com, with details of the number of the Service Order (contained in the Service Order Summary) the will to cancel, as well as his/her contact details no later than 15 working days before the expiration of the subscription.

Please note that if the User cancels one of the BASIC or PRO or CSxIG-a or CSxIG-m services, at the end of the validity of the Service Order his/her account will be deactivated. The User can still access his/her personal area, with all the documentation collected there for a period of 3 (three) months from the expiration of the subscription. After this period, the CreativitySafe Account will also be cancelled, and all User documentation will be deleted.

If the User decides to register again, he/she can follow the specific reactivation procedure of the CreativitySafe Account in order to have access to all the functions of the Website again, while he/she shall purchase one of the offered Services in order to make new registrations and take advantage of the other services offered by CreativitySafe.

It should be noted that, CREATIVITYSAFE HAS NOT ACCESS TO THE USER’S PAYPAL ACCOUNT. AFTER SENDING THE NOTICE OF CANCELLATION, THE USER MUST THEREFORE CANCEL THE PAYMENT AUTONOMOUSLY BY ACCESSING HIS/HER ACCOUNT.

  1. USER RESPONSIBILITY

11.1. For Registration with the blockchain

The User accepts that, using the Services, any uploaded content has a permanent record of its creation on Bitcoin’s Blockchain, which cannot be deleted. It is important to note that only the fingerprint of the file, consisting of the HASH, and not the file is stored on the Blockchain.

11.2. For Content in Violation of the Law or Subject to Confidentiality Obligations

By uploading Content to CreativitySafe, the User assumes full responsibility for being the author/owner of the Content(s) or, if acting on behalf of a third party, for having legitimate authorization to use such Content for Certification through CreativitySafe.

Since CreativitySafe has set up alternatives for uploading password-protected or encrypted Content, the User is aware that, if he/she decides to certify through the standard procedure (i.e. uploading the Contents “in clear” on the Website), the Contents will thus be made visible to the staff of CreativitySafe as well as to those who enter the premises or the systems of CreativitySafe, if CreativitySafe itself suffers a breach of security.

With regard to the upload of Contents according to the standard procedure, the User is advised that CreativitySafe is entitled to suspend the Account and/or report the User to the competent authorities, whenever it suspects, also employing computer security alghoritms and random checks, that such Contents are unlawful or violating the law or contrast with the text and the rationale of this Agreement or again with CreativitySafe company policy.

 

Furthermore, if the User registers the Content of a third party without prior authorization, or contents subject to confidentiality obligations of any kind between the User and third parties, CreativitySafe expressly disclaims any liability in connection with such registration, which will be borne exclusively by the User.

CreativitySafe reserves the right at any time to monitor, examine, store and/or disclose any information necessary for reasons of computer security or to comply with any applicable law, regulation, legal proceedings or requests by the competent Authorities.

  1. THE SITE – LICENSE

CreativitySafe S.r.l. is the owner of all intellectual property rights which is related and/or linked to the Site. CreativitySafe grants to the User a limited, non-exclusive, non-transferable license, subject to the terms of this Agreement, to access and use the Site, its content, materials, information and functions available in connection with it, only to the extent strictly necessary for the purpose of certifying the User’s Content.

Any other use of the Site or its Content is expressly prohibited. All other rights in the Site or its Content are reserved to CreativitySafe and its licensors. We reserve all rights in the Site and its Content and the User agree that this Agreement does not grant him/her any right or license to the Site or its Content, except for this limited and express license.

The User is not allowed to copy, transmit, distribute, sell, resell, license, decompile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website or in any other way exploit any content or any other part of the Site or any derivative works of CreativitySafe, in whole or in part, for commercial or non-commercial purposes.

Without limiting the foregoing, the User will not use the Site or its content (or part thereof) as part of any other website or any other creative work without CreativitySafe’s prior written permission. In the event of a breach of any part of this Agreement, the User license to access and use the Services may be terminated in accordance with this Agreement. In addition, CreativitySafe reserve the right to exercise all remedies available by law and in equity for such violations.

All trademarks relating to the Services or displayed on the Site are trademarks of CreativitySafe or its licensors. Therefore, teh User is not allowed to not copy, imitate or use them without the prior written consent of CreativitySafe.

  1. THE EXPERIENCE ON THE SITE

13.1.  Site Accuracy

Although we intend to provide accurate and timely information on the Site, the Site (including, without limitation, its content) may not always be fully accurate, complete or actual and may also include technical inaccuracies or typographical errors.

In an effort to continue to provide the User with information as complete and accurate as possible, the information may be changed or updated from time to time without notice, including, without limitation, information relating to policies and services.

Accordingly, the User should verify all information before relying on it and all decisions that are based on information contained on the Site are his/her sole responsibility and CreativitySafe will have no responsibility for such decisions.

13.2. Third Party Materials

From time to time, the Site may contain references or links to third-party materials (including, without limitation, links to websites) that are not controlled by CreativitySafe. CreativitySafe provide such information and links for the User’s convenience. Such links should not be construed as official endorsements of such sites or any content, products or information offered on such sites and such reference does not imply our recommendation, endorsement, affiliation, monitoring, control or sponsorship of such third-party materials.

The user acknowledges and agree that CreativitySafe is not responsible for any aspect of the information or content contained in third party materials or on third party sites accessible or linked to the Site, including, without limitation, content, property, goods or services available on such sites.

Therefore, the User expressly acknowledged that any third-party materials will be used under his/her sole responsibility.

CreativitySafe recommend that the User check his/her terms of service before doing business with or through such third-party materials.

13.3. Computer viruses

CreativitySafe assumes no responsibility for any damage or disruption caused by viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or phishing, spoofing or other attacks.

CreativitySafe recommend the regular use of virus screening software and reliable anti-virus software.

13.4.   Education

In the Education Section, CreativitySafe can also aswer questions related to Intellectual Property. However, CreativitySafe is just a tool. Any information provided by CreativitySafe is not a legal advice.

  1. CREATIVITYSAFE RELATIONSHIP WITH THE USER

14.1. Relations between the Parties

CreativitySafe is, for all purposes, an independent contractor. Nothing in this Agreement shall be construed or imply that the User and CreativitySafe are treated as partners, parties to a joint venture, or otherwise as connected parties for profit, nor the User or CreativitySafe is the agent of each other.

14.2. Service Providers

From time to time, CreativitySafe may engage third parties to assist it in the provision of certain aspects of the Services (each, a “Service Provider”).

14.3. Privacy

Protecting the privacy is very important to CreativitySafe.

CreativitySafe Privacy Policy, which is available below in this Agreement and at https://creativitysafe.com/area-riservata-documenti/, explains how CreativitySafe collect and use personal data, as well as the purposes of such processing.

14.4. Password Security and Storage of Contact Information

The User is responsible for maintaining adequate security and control of any ID, password, hint, personal identification number (PIN), API key or any other code used to access the Services. Any loss or compromise of such information and/or User’s personal information may result in unauthorized access to the User’s CreativitySafe account by third parties.

CreativitySafe assumes no responsibility for any loss the User may suffer as a result of compromising his/her sensitive information or his/her failure to comply with or intervene in any notification or warning that CreativitySafe may send him/her.

If the User believes that his/her CreativitySafe account information has been compromised, he/she should contact CreativitySafe immediately at info@creativitysafe.com.

14.5. Consent to Electronic Registration

By using the Services, the User accepts that CreativitySafe may provide him/her with notices or other communications relating to his/her CreativitySafe Account and the Services in electronic form: (a) by email (in each case to an address provided by the User) or (b) through publication on the Website.

For communications made by e-mail, the date of receipt shall be deemed to be the date on which such notice was transmitted. If the User does not wish to receive notices or other communications electronically, CreativitySafe will not be able to support his/her CreativitySafe account and his/her CreativitySafe account will be cancelled.

14.6. Communications to CreativitySafe

The User may access the data concerning him or her or his or her personal area on the Site or by sending a formal request by e-mail to the following address: info@creativitysafe.com. The same email address may be used by the User to send communications or requests for information to CreativitySafe.

For the purposes of the communications required by law and referred to in this Agreement, the User declares to be aware that this Agreement is available directly on the Site.

The User therefore declares that CreativitySafe has met the legal requirements both in relation to the provision of the Terms of Service and in relation to the communication of information.

  1. GENERAL PROVISIONS

15.1. Force majeure

CreativitySafe shall not be held liable for any failure or delay in the performance of – or for discontinuing – the Service purchased by the user, caused directly or indirectly by occurrences beyond its reasonable control, including, without limitations, any delay or default due to strikes, work stoppages, fires, outage of the telecommunication systems or internet services, malfunctions in devices and/or software, natural disasters or any other event beyond its reasonable control.

The performance of CreativitySafe’s obligations resulting from the Service Order purchased by the User shall be suspended over the period in which force majeure events occur. CreativitySafe shall take any action in the effort to identify solutions which allow the proper performance of its obligations notwithstanding enduring force majeure events.

This will not impair the validity or the enforceability of the remainder provisions.

Please note that, as it concerns the Service CREATIVITYSAFE 4 INSTAGRAM in any of the version of the chosen pricing plan, CreativitySafe does not hold any relations with Facebook Ireland Limited and/or all the subsidiaries and/or other companies connected to Facebook as providers of products, functions, apps, services, technologies and Instagram software (hereinafter, jointly, “Instagram”). CreativitySafe disclaims any responsibility for any malfunction of Instagram, and for any possible change in the functioning system of Instagram which might make it impossible to freely view and use the post published on Instagram which the User wants to certify. Should any malfunction and or modification occurs, the performance of all the obligations on CreativitySafe connected to the Service CSxIG-m and/or to the Service CSxIG-a shall not be due, due to a force majeure event and CreativitySafe shall refund the Consideration to the User to the extent corresponding to the value of the certifications the User might not be using in the future.

15.2. No waiver

 

The failure to require the fulfillment of any of the obligations set out in this Agreement shall impair the right of each Party to require such fulfillment at any time thereafter, nor the failure to exercise a right following the violation of this Agreement shall be considered as a waiver in favour of the other Party impair future enforcement of any such right.

  1. WARRANTIES

16.1. CreativitySafe warranties

THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED OR PROVIDED BY LAW. CREATIVITYSAFE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES AS OF THE TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CREATIVITYSAFE DOES NOT GUARANTEE THAT IT MIGHT BE POSSIBLE TO ACCESS CONTINOUSLY, SAFELY OR WITHOUT DISRUPTIONS TO ANY SECTION OF THE WEBSITE AS DIFFENT FACTORS BEYOND ITS CONTROL MIGHT AFFECT THE FUNCTIONING OF THE WEBSITE.

  1. ENTIRE AGREEMENT

 

 

This Agreement sets out the entire understanding between the User and CreativitySafe with respect to the subject matter hereof and supersedes all prior agreements or understanding of any kind (including, without limitations, any prior version of this Agreement) and of any nature between the User and CreativitySafe.

17.1. Severability

In case any provision of this Agreement shall be deemed invalid, illegal or unenforceable under any law, rule or regulation or order of the relevant judicial authority, such provision shall be modified or interpreted to fulfill the purpose of that provision and the validity or enforceability of any other provisions in this Agreement will not be impaired or affected.

17.2. Change of control

In the event CreativitySafe is part to an acquisition or it merges with a third-party entity, we reserve the right to assign or transfer the information collected from you as a part of such merger, acquisition, sale or other change of control event.

17.3. Survival

All the provisions of this Agreement that, by their own nature, extend their scope beyond the expiration or termination of this Agreement, including, without limitations, the Clauses 3.4., 4.2., 11.2., 12., 13.1., 16.1., 17.1., 17.2., 17.3., 18., and 19., shall survive the expiration or termination of this Agreement.

17.4. Assignment

The User shall not transfer or assign this Agreement to third parties nor any right granted to the User hereunder to a Third Party without securing the prior written consent of CreativitySafe.

  1. APPLICABLE LAW

This Agreement shall be governed by the Italian laws, except to the extent that Community rules are to be considered mandatory.

  1. FORO COMPETENTE – RISOLUZIONE DELLE CONTROVERSIE

19.1. Consumers

In case the User is a Consumer, according to the definitions under Clause 3.2. n. 7 above, any dispute possibly arising between CreativitySafe and the Consumer in connection with this Agreement or any single Service Order, shall be referred to the exclusive jurisdiction of the Court where the User resides or is domiciled, as set out in the relevant Service Order form.

19.2. Business users

In case the User is a Business User, according to the definitions under Clause 3.2. n. 8 above, any dispute possibly arising between CreativitySafe and the Business User in connection with this Agreement or any single Service Order, shall be referred to the exclusive jurisdiction of the Court of Milan, as set out in the relevant Service Order form.

  1. CHANGE IN THE TERMS OF SERVICE

CreativitySafe reserves the right to change at any time these Terms of Service, providing a notice thereof of the Website. The User acknowledges and accepts that any change shall apply to all the Service Order sent by Users past the date the changes to the Terms of Service has been communicated.

The date of the latest update to these Terms of Service is available on the top right corner of this document.

***

Should you have any doubts or requests do not hesitate to contact us at the following e-mail address info@creativitysafe.com

 

Pursuant to art. 1341 et seq. of the Italian Civil Code, the User declares to have read and expressly approved the following Clauses: Clauses 3.2., 3.3., 3.4., 4.1., 4.2., 6.2., 7.2. n. 2, 8.1., 8.3., 9.1., 11.2., 12., 13.1., 13.2., 13.3., 15.1., 16.1., 17.2., 17.3., 17.4., 19.2.