Terms and Conditions

Abstract

This document constitutes the original copy, in Italian, of the Service Terms and Conditions of the Rights Chain Platform. The document is of public domain and is available for download in PDF format to any user who requests it by clicking on the appropriate link on the full text page. The document is registred in the Rights Chain Blockchain system in the public document flow, so it can be verified on the date of generation, revision, and authenticity of the document. This document constitutes an original copy of what is posted on the Website and within the Platform, the text that it extracted from the paragraph "Introduction" is as reproduced in the "Terms and Conditions" section.

Introduction

Thank you for using Rights Chain! The Terms of Service (hereafter the “Terms”), together with our Privacy Policy, govern your access to and use of Rights Chain websites and service (hereafter the “Services”), so please read them carefully.

Rights Chain is a service that allows you to create your own Digital Works in a secure and reproducible way, before you distribute them through any electronic means, including e-mail, Social Network, Instant Messaging or any other website or online tool (Internet) or off-line (CD, DVD, USB, memory cards, etc.).

Rights Chain is not an e-commerce service that allows you to purchase the Digital Works of third parties or other subscribers. Rights Chain is also not a bank or money transfer service in any form, even in the form of so called "cryptocurrencies" such as BitCoin.

The use of the Blockchain technology on which the Rights Chain system is based, is exclusively restricted to the process of recording the date of creation of the Digital Works and any transactions of status change to the registrations.

Application and Availability of the Terms

The Website and Services of Rights Chain are operated by:

Rights Chain Initiative (in the formalisation phase)

Currently promoted by:

Sebastian Konstanty Zdrojewski
Via Palmanova 59/128
20132 Milano / MI / Italy

The Terms only apply to Sites and Services offered by Rights Chain. At the same time, the Services are provided exclusively according to the terms described. By using the Services, you agree to the Terms, subject to various agreements between the parties. Services can be used by all registered users over the age of 18 (eighteen). Access to the registration services is required to validate the user profile that can be performed in one of the following ways:

  • Directly contacting the Rights Chain team at an event or Fair
  • Requesting validation through one of the Affiliated Partners
  • Requiring validation by a user already validated by Rights Chain

The process of identity validation is fundamental to the proper functioning of the "identity" and "intellectual property" principle of which Rights Chain is a promoter, and is carried out and managed in compliance with ethical and moral principles (see Rights Chain Code of Ethics) towards its Users, and in full respect of all privacy protection laws in the countries in which it operates.

Terms and Conditions of Services may vary over time as a result of adding new features or regulatory changes. Though Rights Chain is generally committed to communicating any changes or modifications before they come into force, changes to the Services and Terms, including suspension or termination of the service or partial or total removal of the content, may be made without prior notice.

The updated and current version of the Terms is always available on the Rights Chain Internet Site at the "Terms and Conditions" link at the bottom of all pages of the Site.

For any need or clarification on the Terms, you can contact us at the following address: legal@rightschain.net

Changes to the Terms

Rights Chain has the right to change the Terms at any time. The new Terms will be valid from the date of publication. Any dispute will be decided on the basis of the version of the Terms in effect at the time of the incident leading to the dispute. The changes will become an integral part of the Terms within a maximum of 30 days from the publication date, a time limit within which objections to Rights Chain can be handled exclusively in writing. Whenever changes to the Terms are made, an email message will be sent, describing both the changes and the impact they will have on the Terms themselves. The communication will explain how you will be able to object to the new Terms. In the event of an objection, unless expressly agreed between the parties, Rights Chain reserves the right of no longer providing Services to registered Users.

Definitions

Platform

"Platform" is the set of technologies, tools, applications and algorithms made or implemented by Rights Chain that delivers Services.

The Platform includes within its definition: the Website through which Artists can upload and manage their own Works, Digital Signature Systems, Customer Relationship Management (CRM) system for managing relationships with Artists and Partners, as well as any third-party services adopted for the proper provision of the Services.

Artist

“Artist” is the User who subscribes to the Rights Chain platform

In order to access the Platform Services, the Artist is identified within the system through its art name (or pseudonyms, if more than one) and is subject to an identity validation process.

Artwork

Any "physical" or digital objects that can be represented digitally (e.g. photography or other image files, 3D models, etc.) are defined as "Artwork". Rights Chain reserves the right to limit the types and formats of files that can be uploaded and certified through its platform within the limits of the scope for managing the format and validity of the certification itself.

File

"File" is the electronic format that represents or encodes an Artwork. For example, if a photo represents a photographic Artwork, the JPEG file loaded on the platform represents that Artwork.

Registration

The "Registration" process is the set of algorithms and processes implemented within the Platform applying to the File, and then to the Artwork, a series of Digital Signatures, associating the Artist with the Artwork, and finally saving this information in an unalterable way within a Blockchain system.

Services

Rights Chain

Rights Chain offers the opportunity to affirm the creation date of an Artwork based on the upload date of the Artwork itself within the Platform and to keep its permanent and unalterable trace within a Blockchain system. Digital Work is therefore attributed to a validated Artist within the Platform, and this relationship is also stored within the Blockchain system.

Artworks & Files

By respecting its Code of Ethics, Rights Chain will in no way and under no circumstances claim to be the holder or owner of any of the uploaded Works, even partially. All Works, and then Files, uploaded or possibly manipulated (e.g. to create a preview in the artist's gallery) will remain exclusive property of the artist who uploaded them. Therefore, the Artist will always have the right to property of the uploaded Works at all times.

Creative Commons Licence

Rights Chain offers the ability to assign a Creative Commons Licence to Works registered through its Platform. The assignment of a CC licence to an Artwork is subject to what is defined by the Creative Commons consortium.

Other forms of Licence

Rights Chain is a Platform for registering the Creation Date (that is, uploading) and attributing the Author to it. Works may be associated with a Licence that may be Creative Commons or third-party (e.g. defined by the Partners). In the last case, Licences are managed and regulated by the Partners themselves. The Rights Chain Platform, and hence Rights Chain itself, does not directly regulate the application of a third-party licence, but only provides the necessary tool for associating the used licence with a specific Artowrk.

Persistence of Registration

Once the registration process is complete, and the Artwork is logged inside the Blockchain system, the operation is permanent. Not a third party, nor Rights Chain itself, may modify the data within the database. However, time changes may be applied to the Work, for example following a dispute (and consequent invalidation of registration). Again, however, you will be able to retrieve the history of the changes from the first registration to the last version of the registration itself, as the last one will represent the current version.

Intellectual Property Rights

Your files

Rights Chain will not claim, at any time or under any circumstances, to be holder, licensor, owner, or to have exclusive or non-exclusive rights to any Artwork registered through its Platform. The Files, Works, and all related information are exclusive property of the Rightsholder.

By agreeing to the terms and conditions set forth herein, you agree that Rights Chain may manage the Files, and therefore the Works, in your name and on your behalf using all means and technologies necessary to properly dispose of the Services you require.

This consent includes permission to third-party interrogation in file management, for example to keep copy of the original Artwork. The condition that the involved third party will not, at any time, claim ownership or rights of any kind on the Files, remains essential.

If Rights Chain should find a condition in which a Partner or third party goes in conflict with our Code of Ethics, it will be up to Rights Chain to take appropriate measures to change or possibly rescind the relationship, in the interests of the Artists and the quality of the Service provided.

Complaints on Intellectual Property

Rights Chain will respond to all notices of alleged violation, when provided in accordance with the Intellectual Property Dispute Policy (see below). Rights Chain reserves the right to eliminate or disable the content allegedly infringing an Intellectual Property and, if necessary, terminate the Service for Artists that should repeatedly violate the Rights Chain Code of Ethics and Terms.

Holders, authorised parties in the name and on behalf of a holder, or parties authorised to act on behalf of an exclusive right, may report any violation activity in progress through the Rights Chain Platform or through one of the Services following the procedure described in the next section of the Notification of the Intellectual Property Violation ("Notification").

Notification of Alleged Intellectual Property Violation

Identify the material ("Artwork") that you intend to report the abuse or violation of, or in case of multiple Works, a complete list of works and a representative collection of materials and rights you wish to contest, or which you want to report the abuse of.

Provide a document with name, address of the correspondence (provided that it is not a mailbox), a phone number, and an e-mail address.

Send the message, signed by name and surname of the person who is notifying the violation, to the attention of the Rights Chain dispute office, which can be found on the website in the contact section.

Responsibilty of Users

By subscribing to the Service and accepting the terms of this electronic agreement, you agree to be responsible for the use you make of the Service and Platform. We ask that you do not upload, transfer, or perform any operations with Files (and therefore Works) you do not own rights to.

Rights Chain can not be held responsible for the loss of the original files if they are not present on the Platform itself (that is, if the files are only registered and the original is kept on the artist's PC).

Rights Chain is committed to keeping the Platform in a state of data accessibility assurance and, except in extreme conditions (like natural disasters such as earthquakes, fires, astronomical or social events), guarantees the integrity of the data stored on their systems by exploiting technologies including, but not limited to, data replication on data centres dislocated in different parts of the world.

Acceptable Use Policy

We believe that the use you make of the Platform and Services will be responsible.

Acceptance of these Terms implies your acceptance of not abusive use, attempts to forcing or violating the Platform. For example, you are not allowed to:

  • Record Works you are not the Author of;
  • Perform testing, scanning, or perform system or network vulnerability testing;
  • Violate or circumvent security measures and system authentication;
  • Access, or attempt to access, shared areas of Services that you do not have authorisation for;
  • Interfere or inhibit features or services;
  • Upload or distribute Malware;
  • Access the Services in ways other than those publicly supported by the Platform;
  • Send unauthorised communications or SPAM;
  • Send communications by impersonating Rights Chain roles or staff (e.g. "phishing");
  • Record fraudulent, duplicate material or violate third party rights;
  • Promote or advertise products or services of any kind without prior written permission from Rights Chain;
  • Record illegal material that may violate or instigate racial or religious hatred, or racial, religious or sexual discrimination;
  • Record material that could violate privacy, dignity, or be defamatory towards third parties.

Responsibility

Rights Chain is committed to maintaining its Platform, and all the Services it delivers, to the highest level of service and quality. This commitment, however, is subject to the following conditions.

Limitation of responsibilty

By accepting the terms here described, the User acknowledges and agrees specifically that the use of the Services and the Platform that delivers them will be at their own risk and that the Services are provided "as is", "as available", and "with all defects ". Rights Chain and its Partners do not recognise any warranty, law, explicit or implicit, including, but not limited to, the implied warranties of ownership, merchantability, suitability for a specific purpose, and no violation of the rights of others.

The User also acknowledges and agrees that no oral or written information or suggestion provided by Rights Chain and third-party Service Providers will constitute legal or financial advice or will create a warranty of any kind.

The previous declaration of non-liability for claims and warranties will be applied to the maximum extent permitted by law and will remain valid even after the termination or expiry of this contract or after the use of the Services and the Platform that delivers them.

Rights Chain is not responsible for any disputes that may arise between Users and Partners, although it may, in specific cases and under certain circumstances, try to intervene to help find a settlement between the parties involved.

Rights Chain is not responsible for accuracy, completeness, appropriateness or legality of uploaded files on its Platform, or any other information that may be accessed through the Services. It is understood, however, that in order to ensure the highest Service quality, Rights Chain reserves the right to verify the information on a regular basis.

Users are the sole responsibles for their conduct, the content of their Gallery and third-party communications using the Platform.

Regardless of the degree of negligence, Rights Chain is liable for damages to Users arising out of physical or health damages arising directly from the non-fulfillment of the Rights Chain responsibilities.

Content Responsibility

Rights Chain supports freedom of expression and promotes its business in compliance with its Code of Ethics for the protection and support of Artists. Rights Chain does not, nor does it intend to, censor or black out content, but reserves the right to intervene in the presence of offensive material for user sensitivity or in case of reports.

In particular, the activities of revising registered Works (in the form of "previews" in the User's Gallery) can lead to activities such as, but not limited to:

  • Deactivating the public view of an image (where the User has explicitly declared to make the image public) in case of erotic or pornographic content, or content that may be offensive to the sensibility of the general public
  • Report to the authorities for any serious violations such as registration of pedopornographic content or violent material on racial, sexual or religious basis (typically photos)

If there is evidence of material that may be inappropriate for public display, meaning it cannot be viewed without age controls or acceptance of messages related to the presence of material that may disturb the individual's sensitivity, you may use a special complaint form in the the Rights Chain site's contact page, indicating exactly the Work you want to report and documenting the reasons.

Platform Users and Services provided by it will secure Rights Chain from third-party claims that may result from non-compliance with Terms, including associated legal costs.

In the event of a third-party dispute, Users are required to provide Rights Chain with clear and detailed documentation of what is required in order to be able to examine the dispute for their respective defence. If Rights Chain was notified due to illegal content registered by a User, Rights Chain is authorised to block the reported content and provide the necessary documentation to the authorities in accordance with their responsibilities.

Third-Party Content

The Platform and its Services may contain links to Third-Party Services. Rights Chain cannot be held accountable, either partially or totally, for availability, defects, accuracy, reliability and security of the systems of its Technology Partners. Third-party Services are regulated and defined by the Terms and Conditions of each Service.

Termination

All Users can cancel their account at any time by requesting the deletion of the account by sending an e-mail to info@rightschain.net indicating the request, and possibly the reason of the request.

Rights Chain reserves the right to suspend Accounts that do not respect the Terms or improperly use the Services provided through the Platform, or in any case under any circumstances that may put Rights Chain, its Partners, or the subscribed Artists in legal charging. If such a situation should occur, Rights Chain will provide the User with all the information on the cause of the suspension, with any legal proof of the action taken, if present.

User Accounts remain active, except in case of an explicit termination request. The Account Termination operation involves sending all credentials stored in the systems to the account's email address and the subsequent deletion of the parameters from the Platform. All saved images (if any), all the reduced gallery images, all personal information collected will be removed from the Platform.

The data concerning the records of registered Works will remain within the Rights Chain systems, specifically in the Blockchain, in a verifiable way. Blockchain data cannot be removed, altered, or tampered with in any way by either Rights Chain or any third party. The information that is stored within the Blockchain, although verifiable by tools available to Rights Chain and publicly accessible, does not contain personal data of any kind, or data that may lead to the identity of a User who requested their Account to be terminated.

At the same time, the Rights Chain CRM (Customer Relationships Management) systems will retain the user's purchase and legal support conversation history. Rights Chain reserves the right to retain or delete the conversation information, however, in accordance with its Code of Ethics.

It’s possible to request re-activation of the User Account after its Termination only if, at the time of the request, the User takes care of forwarding the email containing their private keys and their respective unlock keys to the Rights Chain Service. Such information is communicated to the User upon confirmation of Account Termination. If the User should fail to provide the above data, it will not be possible to maintain the continuity of their digital signatures and link their previously recorded Works with the new ones.

Privacy & Security

The methods of data processing and the policies of their treatment are defined in the privacy document.

Excepting the conditions in which it is necessary to share the collected information with a third party, namely for legal purposes, or with the competent authorities that should formally require access to it by providing the necessary documentation, Rights Chain will not disclose the collected sensitive data either during or after termination of a User Account. This policy extends to what is defined in the Rights Chain Code of Ethics regarding confidentiality and respect of the personal sphere of its users.

By accepting the Terms here included, you agree that the collected data may be transmitted and stored in areas of the world other than your residence or domicile.

At any time, Users can request Rights Chain to provide them with an integral and unmodified copy of the data collected within its systems, with a request addressed to the support service. This information will also include the full list of Nations where data is collected and/or stored at the time of request and generation of documentation.

Law Conformity and Application

Rights Chain will cooperate with authorities in the extent required by legal processes (e.g. court orders). Such a request may include, for example, the history of conversations with the support service, or the list of Works registered through the Platform.

All Users who choose to access the Rights Chain Site or Services provided through its Platform are responsible for compliance with all local laws, legislations and regulations.

Safe storage

Rights Chain uses mixed data retention technologies, including the Amazon S3 service. Amazon stores data on multiple large-scale Data Centers. According to Amazon, they use military perimeter control devices, video surveillance systems, and qualified staff to keep the data safe.

Backup

Rights Chain makes backups of its data over multiple locations to protect the data from a possible loss.

Trasparency on Violations

Rights Chain is constantly developing its own applications by following the strictest security standards, as well as constantly revising and controlling systems to ensure their integrity. In the unfortunate case of a system violation, the priority for Rights Chain, following appropriate verifications and analyses, as well as a timely resolution of the problem, is to communicate to its Users what happened, also indicating the level of impact of the incident in an accurately prepared "Incident Report". This document, for the purpose of transparency and ethical commitment towards the Users, will be retained within the Blockchain and made public with all the features of the Service already described.

Safety Notice

Rights Chain is committed to maintaining the highest levels of security in its systems. However, no practice or technology can guarantee 100% system security. If you should find a possible vulnerability of the system, we ask you to report it to our service so that our staff can check and correct the issue in a timely manner.

Various Terms

Prohibition of Assignment

Neither Rights Chain nor the User may constitute an act of conferring rights or benefits to any third party.

Legislation

These Terms must be governed by and interpreted under Swiss Federal law, as the case may be, without reference to any conflict of laws.

The User agrees that any legal action related to or arising from these Terms shall be enforced by the Swiss courts and grants consent (and renounces all defenses of lack of personal jurisdiction and "forums non conveniens" in this regard) to the jurisdiction and Court of Appeal of the Swiss Courts.

Prevalence of Language

The present Terms, as well as any relevant policies and applicable product contracts already identified and included in this document as a reference, are executed in English. Translations, where available, are provided for convenience only and, in case of conflict between the English version and the translated version, the original version will prevail, where permitted by law. Should it be required to provide the user with a legally-binding translated version (i) versions in both languages must be of equal validity, (ii) each party confirms that they have verified both versions and that they are equivalent in all major aspects, (iii) in the event of a discrepancy between the two versions, the translated version shall prevail, provided that the parties' intentions have been fully taken into account.

Contact information

If you have any questions about the Terms, please contact Rights Chain via e-mail at the following address:

Rights Chain Initiative

info@rightschain.net


Last update 2017-06-03 18:49:56

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