Terms and conditions
The terms and conditions shall apply to any Party using the website www.copyrightsregister.com
Article 1 - Definitions:
In these Terms & Conditions the following words and expressions shall have the following meanings unless the context requires otherwise:
|The agreement between any User and WEIP Services as set out in Clause 2
|The Dutch foundation Copyright Office having its seat in The Hague, The Netherlands and registered at the chamber of commerce under number 88979415.
|The Copyright Owner as registered in the Copyrights Register.
|The register of Works of Copyright Owners as registered by WEIP in the register of Copyright Office.
|The fees payable by IP Representative to WEIP Services.
|Any lawyer or attorney as registered as IP Representative at the Website.
|User, IP Representative and/or WEIP Services.
|The link as used by IP Representative to enable User to provide information with regard to a Work to IP Representative for registration in the Copyrights Register.
|The registration form to be used by IP Representative as set out on the login page of IP Representative.
|The services as provided by WEIP Services to User as set out in clause 2.2 and Clause 2.3.
|The term that the Work is registered in the Copyrights register (including extensions).
|Any Copyright Owner, IP Representative and/or any other user of the Website and/or the Copyrights Register.
|The website as set out on the URL www.copyrightsregister.com.
|The Dutch Limited Liability company WEIP Services B.V. having its seat in The Hague, The Netherlands and registered at the chamber of commerce under number 88348490.
|All creative works or parts thereof registerd by an IP Representative on behalf of the Copyright Owner at the Copyrights Register.
Article 2 - Copyrights Register
2.1The Copyright Office solely manages the Copyrights Register. User agrees that by using the Copyrights Register or the Website User enters into an Agreement with WEIP Services.
2.2WEIP Services is exclusively licensed by the Copyright Office to enable IP Representatives to use the Copyrights Register in order:
- To register owners of copyright protected Works; and
- To register (a chain of) transfer(s) of copyright with regard to a Work.
2.3Furthermore, WEIP Services enables Users pursuant to the Agreement to use the Copyrights Register in order to determine who is the rightful owner of a copyright protected Work as registered in the Copyrights register.
2.4WEIP Services shall use all reasonable endeavors to ensure that the Copyrights Register is available at all times. At times the Copyrights Register may be temporarily unavailable due to maintenance or otherwise, WEIP Services shall use reasonable endeavors to keep unavailability of the the Copyrights Register to a minimum.
2.5User acknowledges and is aware that any registration of – and transfer of copyrights with regard to Work as registered in the Copyrights Register shall be governed by the laws of The Netherlands.
Article 3 - IP Representatives
3.1Copyright Owner is obliged to designate an IP Representative who is entitled to register copyright protected works, a chain of transfer(s) of copyright with regard to a Work and to change of the contact details or email from the copyright owner.
3.2Copyright Owner ensures that it shall always be represented by an IP Representative and accepts the acts of a IP Representative on behalf of and risk of the Copyright Owner. In addition, User accepts that WEIP Services shall execute commands of IP Representative without any investigation.
3.3Only professional legal representatives – such as lawyers and trademark attorneys – as submitted by WEIP Services are entitled to become an IP Representative of the Copyrights Register.
3.4 IP Representatives are obliged upon registration to provide the following information to WEIP Services:
- Company name;
- Contact person;
- Address, VAT number, email address and phone number;
Should any of this information change, the IP Representative is obliged to inform WEIP Services accordingly. Only after providing all necessary and correct information an IP Representative is entitled to use the Copyrights Register and to register any Works
3.5Upon registration IP Representative shall receive a unique username and password. IP Representative is responsible for the misuse of the username and/or password. IP Representative is obliged to keep this information confidential to prevent unauthorized use. In case of misuse IP Representative is obliged to immediately inform WEIP Services. The IP Representative is prohibited to transfer the password to any third party.
3.6WEIP Services reserves the right to deny any request to become an IP Representative or to remove an IP Representative at any time from the Copyrights Register at its own discretion.
3.7Upon registration the IP Representative shall determine the initial Term of the registration period for the Work.
3.8Each IP Representative warrants that all information as provided to WEIP Services is correct and the contact person is authorized to act on behalf of the IP Representative and the Copyright Owner it represents.
3.9Each IP Representative indemnifies WEIP Services and/or Copyright Office against any claim or damage related to information as provided by IP Representative or the Copyright Owner it represents.
Article 4 - Fees
4.1For each registration or amendment to the Copyrights Register IP Representative shall pay the corresponding Fee to WEIP Services. WEIP Services shall send an invoice to the IP Representative. All fees as mentioned on the Copyrights Register shall be in Euro, excluding VAT.
4.2User and IP Representative agree and acknowledge that the Fees as set out on the Website are flexible and that WEIP Services is entitled to amend the Fees at any time. However, WEIP Services shall not charge any (amended) Fee to User or IP Representative without receipt of prior approval.
4.3In the event that the IP Representative fails to fulfill its payment obligations WEIP Services is entitled to statutory commercial interest with an additional one (1) percent interest over all outstanding amounts and WEIP Services is entitled to charge the IP Representative for extrajudicial collection costs.
Article 5 - Registrations and change of IP Representative
5.1Each IP Representative hereby represents and warrants towards WEIP Services that the IP Representative is authorised by the Copyright Owner(s) to register the Work(s) on the Copyrights Register and that any and all information as provided with regard to the Work is true and correct.
5.2WEIP Services shall keep the information on in the Copyrights Register as accurate and up to date as possible. Any User of the Copyrights Register is aware and accepts that all information as set out in the Copyrights Register is the result of data as provided by IP Representatives and that WEIP Services or Copyright Office is not responsible for the accuracy of the information as set out in the Copyrights Register.
5.3Copyright Owner is entitled to change its IP Representative. The new IP Representative shall inform WEIP Services about the change of IP Representative and the Works involved (using the applicable form) and the (former) IP Representative shall always cooperate with the change of IP Representative unless the Copyright Owner has informed the (former) IP Representative that Copyright Owner has resisted against the requested change of IP Representative.
5.4WEIP Services shall confirm IP Representative upon receipt of a Registration Form with regard to the application to register a Work. Copyright Owner and IP Representative agree and acknowledge that WEIP Services shall accordingly use its best endeavors to register the Work in the Copyrights Register as soon as possible after receipt of Registration form, but does not except any registration term or any fatal term.
Article 6 - Conflicts and complaints
6.1In the event of any discussion with regard to the content of the Copyrights Register or the rightful owner or IP Representative with regard to a Work WEIP Services has the right to “freeze” the Work. WEIP Services shall undo the “freeze” until:
- WEIP Services has received a judgement of a court of law determining the outcome of the applicable conflict; or
- WEIP Services has received a written confirmation of all parties involved that the applicable conflict has been solved.
6.2In the event that an IP Representative or User finds that WEIP Services did not fulfil its obligations towards an IP Representative or User, IP Representative or User is obliged to notify WEIP Services in writing within eight (8) days after discovery. In order for WEIP Services to be able to reacts adequately, IP Representative or User shall describe in detail which obligation WEIP Services did not perform.
6.3In the event WEIP Services agrees with a complaint, WEIP Services will have the opportunity to fulfil its obligation towards IP Representative once again. In the event that this is not possible according to objective standards WEIP Services shall only be liable within the framework of article 9.
Article 7 - Intellectual property
7.1All copyrights with regard to the Works as registered in the Copyrights Register remain the sole property of the Copyright Owners.
7.2All intellectual property rights related to the Copyrights Register, Website and/or the trade name WEIP Services belong at all times to WEIP Services and/or Copyright Office.
Article 8 - Force Majeure
8.1Neither Party shall not be liable for failure to perform or delay in performing any obligation towards the other Party, if such failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion, industrial dispute, hacking and or all other forms of cybercrime.
8.2Notwithstanding the article 8.1, the IP Representative declares and warrants towards WEIP that the Works or any material as provided by IP Representative does not contain any viruses interfering with the computer systems and/or data used by WEIP.
8.3User agrees that WEIP Services and/or the Copyright Office shall use its best endeavours to protect the Copyrights Register and all related information and documentation with regard thereto against hacking and/or any other forms of cybercrime and User agrees that WEIP Services and/or the Copyright Office shall not be liable for any damages as a result thereof except in the case of intent or gross negligence on the part of WEIP Services.
Article 9 - Limitation of liability
9.1WEIP Services and/or the Copyright Office shall not be liable towards any User for damages of whatever nature, direct or indirect, or consequential such as, inter alia, losses due to delays, lost profits and penalties forfeited by the IP Representative, User and/or Copyright Owner, arisen in connection with the use of the Copyrights Register, any errors or omissions in advice rendered by it and/or unavailability of the Copyrights Register except in the case of intent or gross negligence on the part of WEIP Services or the Copyright Office.
9.2Any liability of WEIP Services and/or the Copyright Office (with the exception of gross negligence or tort) shall be limited to the amount as paid by User to WEIP Services with a maximum of € 10.000,-- (ten thousand euro) for each User. The total liability of WEIP Services and/or the Copyright Office for each separate event, hack or cyberattack is limited to € 25.000,-- and shall (with the exception of gross negligence or tort) and WEIP Services and/or the Copyright Office are not be liable for any consequential damages.
9.3User agrees that any person associated with WEIP Services and/or the Copyright Office shall not be held liable for any damages resulting from the use of the Website and/or the Copyright Register.
Article 10 - Indemnities
10.1IP Representative indemnifies WEIP Services and Copyright Office against any claim of Copyright Owners represents resulting from the use of the Copyrights Register.
10.2IP Representative indemnifies WEIP Services and Copyright Office against any claim of third Parties concerning the fact that the Works as registered through the Copyrights Register contains any statement which is untrue or material which are in contrary to the principles of morality or must otherwise be assessed as unlawful or incriminating for third Parties.
Article 11 - Miscellaneous
11.1If any one or more of the provisions contained in these terms and conditions shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of these terms and conditions shall be construed as if such invalid, illegal or unenforceable provision had never been contained in it.
11.2The relationship between WEIP Services and/or Copyright Office and any IP Representative and/or User shall be governed by Dutch law. Any dispute with WEIP Services and/or Copyright Office and/or any dispute resulting from or in connection with the use of – and/or any services with regard to the Copyrights Register shall be submitted to the competent Court in Amsterdam, The Netherlands.