Creative Barcode ™ Disclaimers
CREATIVE BARCODE™ accepts no responsibility for any disputes arising between CREATIVE BARCODE™ members and file recipients. Via the Trust Charter CREATIVE BARCODE™ provides the means to form an authorised and accepted agreement with a file recipient not to use any written or visual works contained in files without the permission of the Creator. Creative Barcode® members use the software Application to generate the barcodes unique to their files, and for additional security use the file transfer and tracking system to deliver those files to the recipient. When using the file transfer and tracking system the file recipient must confirm acceptance of the terms of the Trust Charter before being able to download the files.
It is the responsibility of the member to ensure they apply their barcode/s to all files and correspondence before disclosing to any third party, by whichever means they opt to disclose and deliver files.
Inventors must take responsibility not to disclose commercially sensitive IP within the barcoded 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 and or advice from an independent, IP advisor or legal representative.
Where an external 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 competition submissions are formerly co-joined to the Trust Charter© terms.
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 Creative Barcode® tools, materials, features or facilities. CREATIVE BARCODE™members indemnify CREATIVE BARCODE™ against any claims arising however so they may arise.
Creative Barcode® members who apply barcodes to their files before disclosure indemnify Creative Barcode® Ltd from any claims arising, including business loss or damage how -ever-so incurred, due to their correct or incorrect use of barcodes or any supporting material, statements or services.
Members and subscribers indemnify Creative Barcode® against any action or claims arising from any other party using the site or contacting members through the communication channels members have self-elected to publish.
Members 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 additional protection, as may be necessary, available to them through IPR services, advisors or legal representatives. Any failure by a member or their employees to recognise the need and take further actions to use IPR processes and legal representatives is their responsibility and Creative Barcode® accepts no responsibility for such failure or any consequences of it, how-ever-so arising.
Creative Barcode™ accepts no responsibility for any technical issues or server downtime or that of its host that results in late or non-delivery of files to a third party or for any consequences arising as a result of late or non-delivery.
Members who amend or delete definitions or clauses contained in any of the 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.