Terms And Conditions

This document contains the full text of the “Terms and Conditions” of the UDIAR platform, hereinafter referred to as UDIAR, pertaining to the use of the services offered by the website udiar.net.

UDIAR is the intellectual property of UDIAR LTD.

By registering as a User and using the UDIAR, you are declaring complete acceptance, without reservations, of these “Terms and Conditions”. We therefore ask you to attentively read them in detail.

The ‘Users’ refer to the Authors and Rights-holders of Works. The “Terms and Conditions”  have been written in English.

Translations of this agreement do not constitute alternative and official versions.

Service Description

UDIAR is a web platform that allows Users to deposit and protect results of intellectual activities (hereinafter referred to as “Works”) in digital format protected by Copyright. Protection takes place through the use of timestamping and blockchain technology.

UDIAR allows Users to declare Copyrights on an international scale.

UDIAR also allows Users to monetize Works on the open market (via the site’s Marketplace). The Authors and Rights-holders of Copyrights may sell licenses for use and rights to distribute the Works through Creative Commons licenses, commercial licensing, and alienation agreements signed on-line.

Registration at UDIAR

In order to access the UDIAR service it is necessary to create an account on the udiar.net website.
The account of the User is strictly personal and its data cannot be transferred, not even temporarily, to third parties. To activate the account, it is necessary to complete the registration procedure. The User undertakes to provide UDIAR with true personal data and to keep them updated with regards to any changes. All personal data provided by the User to UDIAR will be processed in accordance with the applicable laws and Privacy policy.

To start working with UDIAR, the User must register an account. While registering, the User specifies his data and agrees to UDIAR’s Terms and Conditions, Privacy Policy and Cookie Policy. After the e-mail address has been confirmed, the User can start working with UDIAR.

The User is solely responsible for maintaining the confidentiality of his credentials and for all activities that occur under the use of his account. The User agrees to immediately notify UDIAR LTD upon any unauthorized access to his account or any other breach of security.

If, at the time of depositing a new piece of Work, the User indicates several authors or copyright holders, they must register on UDIAR.

Depositing the Work

In order to deposit Work, the User must log into his personal account on the site udiar.net and take the following steps:

  • Enter the Work’s main data;
  • Download a copy of the Work;
  • Either save the Work as a draft or save and deposit it;
  • Pay a deposit from the UDIAR wallet (the purse is replenished with the help of the payment system ‘SafeCharge’ in accordance with its own terms and conditions)

Once the User has deposited his or her work, they will not be able to change the data within it. The data will have been approved and protected by a timestamp.

When filling in data regarding the Work, the User is obliged to indicate all authors and rights-holders of the Work. If there are several authors and rights-holders, each of them must be registered on the UDIAR platform. Once the work has been deposited, it is published in the UDIAR catalogue of works.

If there are several authors and rights-holders, they must jointly assume the Master Right-holder’s role (the Master Rights-holder shall hereinafter be referred to as the “Master”). The Master has the right to individually perform various actions related to the Work, including deciding whether to place the Work on the marketplace.

Exclusive Rights and Responsibilities

The User requests the timestamp to be attached exclusively to the Work, and also promises not to violate any intellectual or industrial property rights or other rights of third parties. The User undertakes to relieve UDIAR from any liability connected, directly or indirectly, to the content which requires the attachment of the timestamp. In any case, the User undertakes not to request timestamps for content that might conflict with mandatory rules, public order, morality and /or third party rights.

If UDIAR deems, at its sole and incontestable discretion, that the behavior of a User does not comply with these “Terms and conditions”, UDIAR reserves the right to limit, suspend and / or interrupt the User’s access to the platform. Likewise, the User acknowledges that UDIAR possesses the right to modify and / or remove content published in the “Comments” section and in the discussion forums, in the event that UDIAR decides, at its sole discretion, that such contents were contrary to these “Terms and conditions”, public order or morality rules, or by method of compliance with a request from the judicial authority or other competent authority. If contents are found to be not in compliance with these “Terms and conditions” or violate third party rights, public order and / or morality rules, any User can file a report by writing to support@udiar.net.

UDIAR does not guarantee access to its platform and its services on an ongoing and uninterrupted basis. Without prejudice of current legislation, the User undertakes to relieve UDIAR from any damage resulting from the sudden interruption of services offered or disservices and / or loss of data attributable due to force majeure (for example and not limited to: events such as blackouts, fires, explosions, earthquakes, disasters, floods).

Prohibited content and Responsibilities.

UDIAR LTD prohibits the User from uploading prohibited content to the site www.udiar.net and from leaving hyperlinks to prohibited content in one way or another on the site www.udiar.net. Prohibited content includes:

  • adult sexual content, including pornography, escort services and prostitution, full nudity, genital enlargement products and service, dating sites which focus on facilitating sexual encounters or infidelity, dating sites in which money, goods or services are exchanged in return for an individual’s time;
  • drugs and drug-related paraphernalia, including illegal drugs, recreational and herbal drugs, accessories associated with drug use, drug dispensaries and depictions of hard drug use;
  • hateful content, including but not limited to:
    • hate speech or advocacy against a protected group, individual, or organization based on race, ethnicity, color, nation of origin, sexual orientation, sex, gender identity, religious affiliation, age, disabilities, medical or genetic conditions, veteran status, refugee status or immigrant status;
    • organizations, groups, or individuals associated with promoting hate, criminal, or terrorist-related content;
    • degrading, mocking, or harassing content relating to events or practices that negatively affected a protected group.

If UDIAR LTD becomes aware that a User is distributing prohibited content through the site www.udiar.net, UDIAR LTD has the right to immediately stop interacting with the User and block the User’s account.

Variation of Terms

UDIAR reserves the right to modify, at any time and without notice, these “Terms and conditions”, by publishing a new version on its website. The new terms and conditions of use will be effective 10 (ten) days after the date of publication on the site. It is the User’s right to deactivate his/her account in the case where the User disagrees with the changes made. Any nullity, invalidity or ineffectiveness of one or more clauses of the “Terms and conditions” is not extended to the other remaining clauses.

Applicable Law and Competent Court

Relations between the user and UDIAR are governed by the law of Cyprus, according to which these “Terms and conditions” will be interpreted and implemented. Unless otherwise provided for by law, any dispute related to the interpretation, execution or termination of this contract, will be at the exclusive jurisdiction of the Limassol District Court.

Marketplace

Using the UDIAR Marketplace, a User can dispose of the rights to his or her deposited Work by transferring the exclusive rights of the work online to another individual, or by posting the Work as available for free use (via a Creative Commons license). This may also be done under an exclusive or non-exclusive license (known as commercial licensing), or via the process of alienation (using an alienation agreement). Before using the UDIAR Marketplace, the User must agree to the Terms outlined in this agreement.

When taking actions on the marketplace, the user confirms that he has the authority to act on the behalf of and in the interest of any individual or legal entity that holds the rights to the Work. – Rightholder of the Work, namely, to transfer the exclusive rights on the Work.

Out of necessity, the User should be prepared to provide evidence of their authority to transfer the exclusive rights of the Work.

UDIAR can request evidence of authority from a User in case of government requests related to the Work or its Rights-holder. In addition, UDIAR may request evidence of authority from the User in case of suspicious activity.

The UDIAR marketplace clause

In the case where the exclusive rights to the Workare alienated, the distribution history of the Work on the UDIAR marketplace is preserved.

When using the UDIAR Marketplace, users should understand that:

If the Work is distributed on the UDIAR marketplace under a Creative Commons license, the Work may not be licensed in the future under an exclusive or non-exclusive license;

If the Work is distributed on the UDIAR marketplace under the terms of an exclusive or non-exclusive license, the Work may not be distributed in the future under the terms of a Creative Commons license.

The above-mentioned does not apply when the Work is distributed by another marketplace, agent or even directly by the User.

Affiliate program

The goal of UDIAR is to protect the interests of as many authors and rights-holders as possible. Therefore, each registered User can join the UDIAR Affiliate Program. This program provides the Affiliate User the opportunity to receive rewards for inviting new UDIAR users. The remuneration in turn can be spent on remuneration can, in turn, be spent on the services of UDIAR, including but not limited to the act of depositing Work.

Refund policy

If the User changes his or her mind with regards to the use of UDIAR’s services and no longer wishes to use the service before a piece of Work has been deposited, he or she may always contact our support via e-mail at: support@udiar.net. UDIAR commits to finding a solution that will satisfy the needs of its Users. If a solution is not found, the User’s deposit shall be returned without dispute.

As a general rule, Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 provides the User with a 14 day cooling off period, in which the return of a deposit, on request, shall be carried out. UDIAR gives Users the opportunity to withdraw their deposit within 6 months from the initial deposit’s date.

However, the cooling off period and the right to return the deposit does not apply to UDIAR LTD’s services after the Work has been deposited. This is because, at this moment, the services have been performed fully, immediately and with the full consent of the User  (Article 16 of the Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011).

The right to return does not apply to the relationships between the rights-holder/ licensor and copyright recipient/ licensee. Any disputes between the parties of alienation and license agreements should be settled using the UDIAR Marketplace, as permitted by European legislation and the legislation of the member states of the European Union without participation from UDIAR LTD.

If the User is not sure which situation applies to him or her, he or she can reach out to always contact our support team via e-mail – support@udiar.net. UDIAR will help the User to understand his or her rights.

UDIAR LTD
Vasili Michailidi 9
3026 Limassol
Phone (CY): +35725123235
contact email:
support@udiar.net