Creative Barcode® Disclaimers
Creative Barcode accepts no responsibility for any disputes arising between Creative Barcode members and file recipients. Use of the file transfer service and acceptance of the Trust Charter forms a binding agreement between member and file recipient.
Members warrant that the work disclosed has been created by them, is original and theirs to disclose.
Recipients warrant not use any written or visual works contained in files disclosed without the permission of the Creative Barcode member (Creator/sender). Members indemnify Creative Barcode against any misuse arising, how-ever-so arising.
Creative Barcode members generate their unique barcodes/ IP Tags and apply them to a completed item of work before sharing on public web sites. The unique url created for each IP Tag leads to the Meta Data specific to the item of work the IP tag is applied to. It is the members’ responsibility to ensure the correct IP Tag and therefore its IP Meta Data is applied to the image before sharing.
Members sharing concept works apply their IP tags and for additional security use the file transfer and tracking system to deliver those files to the recipient who accepts the terms of the Trust Charter before download of files is activated.
It is the members’ responsibility to ensure they apply their barcode/IP Tags to all files and correspondence before disclosing to any third party, by whichever means they opt to disclose and deliver files.
Inventors must take care not to disclose commercially sensitive IP within the barcoded / IP Tagged files, in such a manner that impacts on their ability to secure a patent post disclosure. If in any doubt, inventors must seek a supporting non-disclosure agreement and or additional IPR protection or advice from an independent, IP advisor or legal representative. Creative Barcode enables inventors to disclose an outline of the idea and enter into safe conversations and correspondence where the disclosed items may not be used by the recipient in any manner without the members permission. Inventors should not impart their detailed knowledge, know how or trade secrets.
Where an organisation states in their own terms of an invitation to pitch, tender or participate in open innovation competitions that they are operating under Creative Barcode terms of receipt, they are publicly declaring acceptance of the terms. However, this cannot be solely relied upon unless their agents, representatives and evaluators of the submissions are formerly co-joined to the Trust Charter© terms. Members are responsible for checking the IP terms and conditions of any competitions they enter
Where organisations have not publically stated their Open Innovation competition, pitch or tender is to be conducted under Creative Barcode Trust Charter agreement, it is the responsibility of the Creative Barcode member to obtain their agreement to the Trust Charter terms before submitting their files directly or through the file transfer and tracking system.
Creative Barcode accepts no responsibility for member’s correct or incorrect usage of IP Tags, materials, features or facilities. Creative Barcode members indemnify Creative Barcode against any claims arising from their use how-so-ever they may arise.
Members and subscribers indemnify Creative Barcode against any action or claims arising from any other party using the site and its services or contacting members through its communication channels.
Members are responsible for the accuracy of the information they enter into their Meta Data fields when creating IP Tags. They are responsible for the amount of information they disclose to any third party at any time.
When it becomes necessary and appropriate to disclose commercially sensitive information, beyond that protected under the Creative Barcode Trust Charter© Agreement, it is the responsibility of the member to gain any additional protection as may be necessary and available through IP advisors or legal representatives.
Failure by a member or their employees to take further IP advice whether through Creative Barcode IP partners or their own legal representatives is their responsibility and Creative Barcode is indemnified against any members' failure to take responsibility, how-so-ever arising.
Creative Barcode accepts no responsibility for any technical issues or server downtime or that of its host resulting in late or non-delivery of files to a third party or for any consequences arising as a result of late or non-delivery of files.
Members who amend or delete definitions or clauses contained in any of the IP documents provided under license do so at their own risk and automatically indemnify Creative Barcode from any issues arising due to such action.
Members’ use of the World Intellectual Property Organisation (WIPO) mediation service is consensual. Creative Barcode accepts no responsibility for the outcome of any dispute intervened, resolved, mediated or any conclusions drawn between the member, the alleged breaching party and WIPO.