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 public domain and is available for download in PDF format by 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 ways, including e-mail, Social Network, Instant Messenger 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 the third parties or other subscribers. Rights Chain, equally, is not a bank or money transfer service in any form, even in the form of so called "criptovalutes" like BitCoin.

The use of 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 registrations change status transactions.

Application and Availability of the Terms

The Website and Services of Rights Chain are operated by:

Rights Chain Initiative (in the formalization phase)

Currently promoted by:

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

The Terms apply only to the 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:

  • By directly contacting the Rights Chain 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 validating identity 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 Code of Ethicsof the Rights Chain) to 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 generally Righs Chain is 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, 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 through 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 date of publication, 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 communications 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 defined as 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 part’s services adopted for the proper provision of the Services.

Artist

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

in order to access the Services provided by it. The Artist is identified within the system through its art name (or pseudonyms if more than one) and is subject to a validation process of its identity.

Artwork

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

File

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

Registration

It is defined as the "Registration" process that the set of algorithms and processes implemented by the Platform that apply to the File, and then to the Opera, a series of Digital Signatures, associate the Artist with the Opera and finally save this information in an unalterable way within a Block Chain system.

Services

Rights Chain

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

Artwork & 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 eventualy manipulated (eg to create a preview in the artist's gallery) will remain the 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 License

Rights Chain offers the ability to assign a Creative Commons License to Works registered through the own Platform. The assignment of a CC license to an Opera is the subject to what is defined by the Creative Commons consortium.

Other forms of License

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 License that may be Creative Commons or third parties (eg defined by the Partners). In the last case Licenses are managed and regulated by the Partner itself. The Rights Chain Platform, and hence the Rights Chain itself, does not directly regulate the application of a third party license, but only provides the necessary tool for associating the use license with a specific Opera.

Persistence of Registration

Once the registration process is complete, and the Opera is logged inside the Block Chain system, the operation is permanent. No 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 registration time to the last version of the recording itself, as the last one will represent the actual version.

Intellectual Property Rights

Your files

Rights Chain does not claim, at any time or condition, to be a holder, licensor, owner, or have exclusive or non-exclusive rights to a registered Opera through its Platform. The Files, Works, and all related information are the exclusive property of the Artist that holds the rights. 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 the means and technologies necessary to properly dispose of the Service you require. This consent includes permission to third party interrogation in file management, for example to keep the copy of the original Opera. The condition for which the third party involved will not, at any time, claim ownership or rights of any kind on the Files, remains indispensable. If Rights Chain finds a condition in which a Partner or a third party goes in conflict with its Code of Ethics, it will be for Rights Chain to take appropriate measures of modification      and / or possible recession of the relationship in the interest of the Artists and the quality of the Service provided.

Complaints on the Intellectual Property

Righst Chain will respond to all notices of alleged breach if provided in accordance with the Intellectual Property Contraception 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 against Artists that are repeatedly in violation of the Code of Ethics Rights Chain and the Terms. Holders, authorized parties in the name and on behalf of a holder, or parties authorized 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 the Intellectual Property Violation

Identify the material ("Opera") that you intend to report the abuse or violation, or in the case of multiple Works, a complete list of works and to collect a representative list of materials and rights that you wish to contest or which you want to report abuse. Provide a document with the 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 the name and surname of the person who disputes to the Rights Chain dispute office, which can be found on the website at the contact section.

Responsabilty of Users

By subscribing to the Service and accepting the terms of this electronic agreement you agree to be responsible for your use of the Service and the Platform. We ask that you do not upload, transfer, or perform any operations with File (and then Works) that you do not have ownership rights. Rights Chain can not be held liable 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, subject to extreme conditions (such as natural disasters such as earthquakes, fires, astronomical or social events), guarantees the integrity of data stored on their systems by exploiting technologies including, but not limited to, data replication on data centers dislocated to 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 is implied by your acceptance of not abusive use, attempting forcing or violation of the Platform. For example, it is not allowed:

  • Record Works you are not Author;
  • Perform testing, scanning, or performing system or network vulnerability testing;
  • Violating or circumventing security measures and system authentication;
  • Access, or attempt to access, shared areas of Services that you do not have

authorization:

  • Interfering, inhibiting features or services;
  • Upload or distribute Malware;
  • Access the Services in ways other than those publicly supported by the Platform;
  • Send unauthorized communications or SPAM;
  • Send communications by impersonating Rights Chain roles or staff (eg "phishing");
  • Record fraudulent, duplicate material or violate third party rights;
  • Promote or advertise products or services of any kind without prior

written permission of Rights Chain:

  • Record illegal material that may violate or instigate racial or religious hatred,

racial, religious or sexual discrimination:

  • Record material that could violate privacy, dignity, or be defamatory towards third parties.

Responsability

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.

Limitation of responsabilty

By accepting the terms herein described, the User acknowledges and agrees specifically that the use of the Services and the Platform that delivers them will be at your own risk and that the Services are provided "as is", "as available", and "with all defects ". Rights Chain and its Partners do not recognize any warranty, law, express or implied warranties, including, but not limited to, the implied warranties of title, 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 suggestions 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 the accuracy, completeness, appropriateness or legality of uploaded files on your Platform, or any other information that may be accessed through the Services. It is understood, however, that in order to ensure the highest quality of the Service, Rights Chain reserves the right to verify the information on a regular basis. Users are the unique responsible 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 Responsability

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 do so, content censorship and obscuration of content, but has 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 User has it explicitly declared to make the image public) in the case of content of erotic, pornographic nature or that may be offensive to the sensibility of the general public
  • Report to the authorities for any serious violations such as registration of material pedophilia or violence on a racial, sexual or religious basis (typically photos)

If there is evidence of material that may be inappropriate to public display, or is visible without age controls or acceptance of messages relating 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 defense. If Rights Chain was notified due to illegal content registered by a User, Rights Chain is authorized 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 does not respond, either partially or totally, to the 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.org indicating the request,and possibly indicating 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 in legal charging, the subscribed Artis and /or Partner. If such a situation occurs, Rights Chain will provide the User all the information on the cause of the suspension, with if it’s present,  any legal proof of the action taken. User Accounts remain active, except for the expressof the request for termination of the same.The Account Termination operation involves the sending of 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 remove from the Platform. Will remain within the Rights Chain systems,in any way verifiable,  especially in the BlockChain, the records of registered works.Records data from BlockChain can not in any way be removed, altered or altered by either Rights Chain or any third party. However the information in BlockChain, although verifiable by tools available to the Rights Chain and publicly accessible, does not contain any personal information or that may lead to the identity of a User requesting Termination of their Account. At the same time, in the Rights Chain CRM (Customer Relationships Management) systems remain the user’s  chronologies, as well as the chronologies of legal support support conversations. Rights Chain reserves the right to retain or delete the conversation information, however, in accordance with its Code of Ethics. It’s possoble to request re-activation of the User Account after its Termination only if, at the time of the request, you will forward to the Rights Chain Service the email containing the private keys and their respective unlock keys. Such information shall be communicated to the User at the time of confirmation of Account Termination.  In case of missing communication of the above data, you will not be able to maintain the continuity of the digital signatures of the User and reconnect the previously recorded works to the new ones.

Privacy & Security

The methods of data processing and the policies of their treatment are defined in the privacy document. Without prejudice to the conditions in which it is necessary to share the information collected with a third party, or for legal purposes or to the competent authorities that require formally access and appropriate documentation, Rights Chain will not be disclosed either during or after termination of a User Account Sensitive data collected. This policy extends to what is defined in the Code of Ethics for Rights Chain regarding confidentiality and respect for the personal sphere of its users.vBy 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. Users can at any time request from the Rights Chain an integral and unmodified copy of the data that is collected within their systems, by requesting assistance. 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 its application

Rights Chain will cooperate with authorities in the extent required by legal processes (eg court orders). Such a request may include, for example, the list of assisted service conversations or the List of Registered Works through the proper Platform. All Users who choose to access to the Rights Chain Site or access to the Services provided through its Platform are responsible for compliance with all local laws, regulations and regulations.

Archiving safety

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 Violation

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 the Rights Chain is following appropriate verifications and analyzes, as well as a timely resolution of the problem, communicate to its Users what happened, indicating also the level of impact the incident in an "Incident Report"  prepared accuratly. This document, for the purpose of transparency and ethical commitment to its 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. Where you will 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 agree that any legal action relating to or arising out of these Terms shall be enforced by the Swiss courts and shall grant consents (and renounce 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

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, will prevail in the original version, where permitted by law. When is required to provide to the user a translated legally binding version (i) versions of 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.org

 

 


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

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