User Opinions

Wer in der Kreativwirtschaft mit geistig-schöpferischen Leistungen erfolgreich sein will, muss wissen wie man diese a) schützt und b) verwertet. Bei beidem hilft das Kreativwirtschaftsdepot.

Gerin Trautenberger, Vorsitzender der Kreativwirtschaft Austria

Policy

1.) General

1.1) The following General Terms and Conditions apply to the use of the entire website. The User acknowledges those General Terms and Conditions and accepts same by clicking the appropriate box in the mask at the time of registration or during file upload. arge creativ wirtschaft austria, hereinafter called cwa operates this website.

 

2.) Scope of Services

 

2.1) CreativDepot is a web-based tool that offers users the chance to upload works (e.g. text, graphic, design, image, video, concept) captured in a file to the website of CreativDepot, to provide it automatically with a digital time stamp, and link it with a name.

 

2.2) The file can be stored visibly or invisibly in the CreativDepot and terms and conditions of use can be added.

 

2.3) The User can download a confirmation of the time stamp and the Meta data to the file by which the intellectual-creative works are entered in PDF format (PDF confirmation).

 

3.) Warning Notices

 

 

3.1) The digital time stamp confirms that the registered User has uploaded to and entered a certain file at the CreativDepot at a certain time. Therefore, in case of disputes, CreativDepot can provide proof of a timeline of priority of authorship based on the time of upload.

 

3.2) However, CreativDepot does not offer a decision or rather confirmation that the uploaded file is truly subject to copyright laws, neither does it offer proof of when and by whom the work contained in the uploaded file was created. Such decisions are exclusively that of the proper courts having jurisdiction over this subject matter.

 

3.3) The User is advised expressly that the user is solely responsible for any possible documentation of work for the purpose of any possible proof of authorship and that CreativDepot cannot substantiate same, because for technical reasons CreativDepot can only confirm the time of uploading the work and the electronic identity of the person uploading the work. However, CreativDepot cannot confirm the time of creating the work. If in doubt, the User shall seek legal advice from an attorney.

 

3.4) Uploading files to CreativDepot does not constitute new rights. The User alone is responsible for providing information about possible licensing terms and conditions or rather terms and conditions for using the work and their applicability. CWA does not assume any responsibility whatsoever regarding legal validity, enforceability, or applicability of Users’ licensing terms and conditions.

 

3.5) It is recommended to print and safe keep the PDF confirmation with time stamp and Meta data.

 

3.6) CWA does not assume any liability for the continuous operation of the website and for downloading the PDF confirmation.

 

3.7) Publishing any work prior to patent or utility model registration is prejudicial to novelty. In general, this leads to a loss of the possibility to register for these protective rights. Therefore, any publication should be omitted, if the work in the file should be protected by such proprietary rights. Information regarding patent or utility model registrations is available at The Austrian Patent Office.

 

4.) Using CreativDepot

 

4.1) CreativDepot targets creative people who reside or usually live in Austria. In general, however, anyone can register and use CreativDepot after an account was opened at CreativDepot.

 

4.2) An account is opened by completing and submitting the registration form pursuant to section 5.1). It is the User’s sole responsibility to take care of safekeeping and safe use. The User must prevent any misuse of the User’s account by third parties.

 

5.) Description of Function

 

5.1) To store files at CreativDepot, it is necessary to open an account. If the User does not have an account, the User must complete the appropriate form by filling in the name, contact information etc. and must accept demonstrably the terms and conditions of use to create an account.

 

5.2) The operators of CreativDepot do not verify Users’ identity. Various processes can be used to verify a User’s identity. These are illustrated as so-called trust levels. The simplest procedure is checking the e-mail address by asking for verification during account registration at CreativDepot. This procedure is rated with a trust level of one. Anyone who was identified by an additional two persons with an official picture ID at Web-of-Trust "CaCert.org" is rated with a trust level of four.

 

5.3) Subsequently, the User can upload a file containing the work or illustrating it. In addition, the User can define terms and conditions of use for this work and record them at CreativDepot for publication. When storing the work, the User is offered the option “full copyright" whereby the author states that he or she reserves copyright and rights of use of this work, in addition he or she is offered the option to grant use of the work. A selection is provided including creative commons licenses, which are transferred into Austrian law or into the standard GPL of the software industry. The General Terms and Conditions of Use must be accepted prior to uploading. Moreover, the User must confirm that he, she, it is the author or owner of the comprehensive rights to use the work included in the file. The file received a verification code and a digital time stamp after confirmation and completion of the upload.

 

5.4) The public can view the description of the work, the user name, verification code, time stamp, and possible terms and conditions for using the work. The files recorded in connection with the work are converted online into a printer-friendly version that can be printed. A confirmation of the time stamp and the Meta data to the file entered and which includes the intellectual creative work can be downloaded as PDF. It is recommended to use this opportunity and to safe keep the confirmation.

 

5.5) As an option, the User may create a public access in the CreativDepot to the file which includes one work. The User guarantees that the User owns all necessary rights to the work and grants the operator (cwa) of CreativDepot the right to publish and the right to copy for the purpose of making it available on the Internet. If the User publishes the work with the right to use in non-commercial applications, the User may state a fee for commercial use as an option.

 

6.) Liability

 

 

6.1) Contents (works) stored by a User at CreativDepot are not verified by cwa. cwa is not liable for the contents. Users of the website must report any content contrary to public policy or illegal content to cwa. Cwa reserves the right to remove any content by third parties uploaded on this website at any time and without contacting the author or without the author’s permission. In particular if those contents are illegal or contrary to public policy. Users agree to abide by all legal regulations, in particular, copyright laws and the rules of competition laws and intellectual property rights. In case of improper use or a violation against the General Terms and Conditions of Use, cwa reserves the right to immediately block the account responsible for such conduct and to assert claims of possible damages against the User responsible. Every User agrees to indemnify cwa and hold it harmless, if any claims against cwa are filed in court or brought against cwa out of court by third parties.

 

6.2) In addition, cwa reserves the right to block and/or delete any access to descriptions of works and files containing such work in particular if cwa is so ordered by a third party. cwa reserves the right to terminate any further use of CreativDepot by Users uploading illegal content to CreativDepot.

 

6.3) Websites that can be accessed by links from this website are beyond cwa’s control. Therefore, cwa does not assume any responsibility for contents of linked pages. Please inform us promptly if any link on this website leads to websites with questionable content (in particular to content that is illegal or contrary to public policy).

 

6.4) This website may contain inaccurate information or errors despite diligent development and research. cwa does not guarantee the contents’ correctness, completeness, safety, or suitability for any purpose.

 

6.5) Availability and operation of this website and its contents is not guaranteed. cwa has the right to temporarily interrupt operations in particular for maintenance purposes or if necessary cwa can suspend operations without stating any reasons. cwa shall not be liable for any possible interruptions or failure of any kind during operations of this website. Any liability for direct, indirect, or other damages irrespective of their reasons and that are caused by using data or non-availability of data and information of this website is excluded provided it is permissible by law. Cwa always strives to have its website and the products retrievable from this website at the latest state of technology and free of any malfunctions (viruses, etc.) and shall guarantee the highest possible safety. However, due to the technical conditions of the Internet, the service cannot be conclusively guaranteed nor can the company be held liable. Prior to download and while using this service, each User is responsible to take comprehensive safety measures such as latest software programs, appropriate virus scanner, firewalls, and similar technical safety precautions.

 

7.) Copyright

 

If not explicitly stated otherwise, cwa is the owner of intellectual property rights, in particular of copyrights and trademarks of all material on this website specifically images, screensavers, graphics, texts, logos, the website’s layout and content with the exception of files uploaded by Users. It is not permitted to use these materials, unless the terms and conditions of use explicitly grant such rights.

 

8.) Privacy

 

We adhere to the regulations of the Data Protection Act in its effective version. Any personal information provided by Users is processed within the scope permitted by law.

 

9.) Concluding Remarks

 

9.1) cwa reserves the right to modify these General Terms and Conditions at any time by publishing the modified agreement in its current version on this site. Please inform yourself regularly about the General Terms and Conditions of Use on this webpage.

 

9.2) For us it is important to use politically correct language regarding gender. Therefore, we do our best to use gender appropriate wording on our website. However, if the content states terminologies only in masculine, it applies to both, women and men.

 

9.3) CreativDepot targets only Austrian companies specialized in the creative industry. These terms of use and the legal relations between cwa and the users of CreativDepot.at based thereof are governed by Austrian law excluding any and all principles on conflicts of law.

 

9.4) Exclusive jurisdiction is Vienna.

Disclosure pursuant to § 25 Media Act Media Ownership: Arbeitsgemeinschaft Kreativwirtschaft “arge creativ wirtschaft austria“ Headquarters: A-1045 Wien, Wiedner Hauptstraße 63
Telephone: +43 (0)5 90 900 - 4278
E-mail: creativwirtschaft@wko.at
Area of activity: representing common interests of persons, companies, and organizations working in the creative industry, advancing opportunities of the industry, implementing common activities, and keeping contact to associations with the same or similar goals. Objective of this website ("mission statement"): Advancement of the goals of this kind of activities.

Chairman: Gerin Trautenberger
Managing director: Mag. Michaela Gutmann
Maintenance, Technical Implementation, Requests for Service

ALLMENDA Informatik, Dornbirn
eMail cdepot-info@creativdepot.at Telefon +43 508020

CreativDepot.at is a project of Arbeitsgemeinschaft Kreativwirtschaft, “arge creativ wirtschaft Austria,” an association of The Austrian Federal Economic Chamber pursuant to § 16 WKG [].