Conditions générales de vente

IT IS IMPORTANT TO READ CAREFULLY AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE OF THE SITE. BY ACCEPTING THESE INSTRUCTIONS, YOU AGREE TO FOLLOW THE TERMS AND CONDITIONS LISTED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND YOU DO NOT WANT TO RESPECT THEM, YOU SHALL NOT ACCEPT THESE TERMS AND CONDITIONS AND MUST NOT ACCESS AND USE THE SERVICES PROPOSED BY THE COMPANY ON THE SITE.

Last updated:

I – INTRODUCTION

  • Object

 

The website located at https://kikar.co (the “Site”) is a copyrighted work belonging to KIKAR, a French Company Number 883 754 731 R.C.S. Paris located 10 rue de Penthièvre, 75008 Paris (the “Company”).

Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. To the extent such terms, guidelines, and rules conflict with these terms of use, these terms of use shall govern.

These terms and conditions set forth the legally binding terms for your use of the Site and Services (whether as a Client or as a Concept Creator). By registering for Services, you are accepting these Terms and Conditions and you represent and warrant that you have the right, authority, and capacity to enter into these.

The User declares and acknowledges having read the Terms and Conditions in their entirety. These Terms and conditions take effect as from their publication on the Site and remain in force until their modification, partially or totally, by the Company.

These Terms and Conditions are updated on a regular basis and are therefore subject to change. Taking into account, in particular, the possible extensions and improvements to the operation of the Site, the Company reserves the right to adapt or modify at any time the scope of the services offered through the Site. The Company reserves the right to unilaterally modify the Terms and Conditions at any time without notice.

The new features will be posted on the Site in order to be brought to the attention of the Users. It is therefore up to the User to consult and accept the Terms and Conditions at the time of responding to a Brief or accept a Concept, in particular to ensure the provisions in force. Each use of the Services offered on the Site by the Users constitutes acceptance of the latest version of the Terms of Use published on the Site.

  • Definitions

In these Terms and Conditions, words or expressions beginning with a capital letter shall have the following meanings:

“Agency”: means an advertising company wishing to be inspired by high quality Concepts and to identify Creators to offer them collaborations about communication campaigns, in their name or on behalf of another company.

“Algorithm”: means the search engine developed by THE COMPANY in order to find the perfect Concept matching with a Brief.

 

“Brand”: means a company promoting directly its products and wishing to find a Concept matching with its Brief and identify Creators to offer them collaborations about communication campaigns.

“Brief”: means a Project description by a Brand or an Agency on (1) objectives of a communication campaign, (2) identification of the targeted audience, (3) strategies to be adopted in reaching the audience, (4) the timeframe of the campaign.

“Concept”: means all the creations designed by a Creator that he/she wishes to post on the Site in order to be proposed and sold to potential Clients.

“Concept Creators” or “Creators”: means any person, that can be either freelancers or creative companies, registered on the Site and who has the capacity and willingness to respond to a Brief and to achieve the Concept ordered by a Client;

“Clients”: means Users of the platform developed by THE COMPANY that can either be an Agency or a Brand.

« Commission »: means the payment due to THE COMPANY, which is deducted from the price paid by the Client and from the remuneration received by the Creator in return for the intermediation service rendered.

 

« ID »: means the data necessary for the identification of a User consisting of a valid email address and a password.

IPR”: means all intellectual property rights as provided for in the Intellectual Property Code and national conventions, including copyright, neighboring rights of performers and phonographic and video producers Graphics, trademark law, patents, trade names (including Internet domain names and e-mail address names), copyrights, moral rights, rights in all models, rights in any databases, knowledge – whether registered or unregistered or which may or may not be registered and subsisting in any part of the world.

« Personal Account »: means the personal space of the User on the Site. This space is accessible only by entering the Login IDs, and allows to access to the Services provided by the Company. It also allows the User to consult and modify his / her own personal data.

“Project”: means a communication campaign project created by a Client and for which he wishes to contact a potential Creator.

« Service (s) » means all the Services, paid or free offered on the Site.

« Terms and Conditions » means the terms and conditions of use of the Site applicable to Users and Visitors who may be consulted on the Site and to which they must adhere in order to become a User.

« THE COMPANY » or « the Site » means the community site accessible on the Internet at https://kikar.co, which is the exclusive property of the Company.

« Transaction »: means a transaction concerning a Concept entered into by a User under the conditions set forth in the Terms and Conditions of the Site and giving rise to the payment Transaction.

User”: means any user of the Site or Service, and may be a Creator or a Client. If you are a User, the provisions in this Terms and Conditions regarding Users apply to you. If you are also a Client, further the provisions in this Terms and Conditions regarding Clients apply to you. If you are also a Creator, further the provisions in this Terms and Conditions regarding Designers apply to you.

« Visitor » means any person who visits the Site to view the content and information published on the Site without being registered or prior to its registration on the Site as a User.

  • THE COMPANY

THE COMPANY provides an online platform that helps connect Clients, which may be Agencies or Brands, who wish to order an original Concept with Creators who wish to provide Concepts for these Clients.

To this end, THE COMPANY has developed a powerful platform referencing the Concepts of the Creators whose access is available to the Brands and Agencies interested via subscriptions.

THE COMPANY has thus carried out a worldwide research to identify and put forward the most original and talented Creators and allow the presentation of their Concepts by precise and effective criteria for the Clients.

THE COMPANY also offers a tool allowing the different parties to negotiate and conclude the modalities of a transaction concerning a Concept.

II- CONCEPT CREATOR OBLIGATIONS

 

  • Important disclaimer

Any use of the site involves your acceptance of the general Terms and Conditions of use that will prevail to any other document that has not been expressly approved by THE COMPANY.

The Creator expressly acknowledges that you will be bound by the general terms and conditions of use after completing the « double click » process:

  • click of validation of your registration on the site;
  • then, receiving the electronic email of confirmation of registration to be sent to you by THE COMPANY, and which will include a copy of the Conditions and Terms.

We draw the attention of the Creator that he needs to read these Terms and Conditions carefully to the extent that they define the rights and obligations of the Creator in the context of the Creator uses of the site, including in particular:

  • that the Creator mandates THE COMPANY to present the Concept of the Creator to its Clients;
  • that no legal obstacles prevent the Creator to send its Concept on the Site;

THE COMPANY reserves the possibility, at any time, to modify its Terms and Conditions. the Creator will be informed by email of the modification of the Terms and Conditions. In failure to object the Creator part within a five-day period of receipt of this email, the Creator will be reputed to have accepted these new general Terms and Conditions of use.

If the Creator does not wish to accept these Terms and Conditions, we invite him not to use the Site.

  • Registration

 

  1. Principle

Access to the Site’s features is free for all Creators, but requires prior registration.

This registration is reserved exclusively for persons with full legal capacity to contract. Legal entities must be represented by a person with the necessary authority for such representation.

Only one registration is permitted per legal entity or per person and per mail address.

Upon registration, the Creator agrees to provide accurate data and is required to complete all mandatory fields in the registration form.

The physical user must be of age and must have the capacity to contract.

Creator’s registration is submitted to prior validation by THE COMPANY. In particular, THE COMPANY reserves the right to refuse registration to any Creator who does not fulfill the criteria of quality and originality, or which is not appropriate to the values and ethics that THE COMPANY attempts to convey, without the latter is required to state the reasons for the refusal.

THE COMPANY is the sole decision-maker of the registrations that it accepts, without recourse possible, nor compensation of any kind whatsoever.

The Creator undertakes not to create or use other accounts than the initially created, whether under his own identity or that of a third party. Any derogation from this rule must be the subject of an explicit request from the Creator and an express and specific authorization from THE COMPANY.

The Creator warrants that the information provided by him/her on the Site is accurate, sincere and in conformity with reality. He / she undertakes to inform THE COMPANY without delay in case of modification of the information communicated at the time of registration and, if necessary, to carry out these modifications himself/herself in their Personal Account.

  1. Registration process

To register, you must create a Personal Account on the Site by:

  • Filling out the form available on the Site. The Creator undertakes to provide, as part of their registration, only accurate, personal and sincere information about their situation,
  • Providing the requested documents on the Site,
  • Accepting the Terms and Conditions,
  • Checking the accuracy of the registration summary,
  • DEMONSTRATE YOUR AGREEMENT TO REGISTER BY CLICKING ON THE VALIDATION BUTTON.

At the end of the registration process, THE COMPANY, after validation of your profile, will send you an email of confirmation of registration.

Upon creation of their account, the Creator will choose an email and a password (hereinafter « ID ») enabling him to access their personal account. These ID are personal and confidential. They can only be changed at the request of the Creator or at the initiative of THE COMPANY.

The Creator is solely and entirely liable for the use of the ID concerning him/her and undertakes to do everything possible to keep his ID secret and not to disclose it to anyone in any form whatsoever and for any reason whatsoever.

The Creator will be liable for the use of their ID by third parties or actions or declarations made through their personal account, whether fraudulent or not and guarantees THE COMPANY against any request in this title.

Furthermore, as THE COMPANY does not have the obligation and does not have the technical means to ascertain the identity of the persons registering on the site, it is not responsible in the event of impersonation of the Creator. If the Creator has reason to believe that a person is using fraudulent identification or their account, he must immediately inform THE COMPANY.

In the event of loss or theft of any of the Creator’s ID, the Creator is liable for any damaging consequence of such loss or theft, and shall promptly use the procedure for modifying it.

In the event that the Creator is aware of another person’s access to his Personal Account, the Creator will immediately inform the Site by e-mail to the address […], and will confirm by registered letter this information to the following address: […].

Any use of the site which is fraudulent, or which contravenes the Terms and Conditions, will justify that the Creator is refused, at any moment, the access to the Services or other functionalities of the Site.

  1. Digital filing

THE COMPANY stores the information provided in the registration forms and in the confirmation emails. The Creator can access it electronically directly through their account.

  1. Uploading of the Contents

 

The Creator expressly agrees to give their consent to the uploading of their Concepts for free, in order to obtain worldwide visibility from potential Clients.

They are thus solely responsible for the selection of the Concepts that they download on the platform.

  1. Professional status

THE COMPANY intends to connect Creators wishing to offer their services under a professional status (whether exercised as a main activity or as an incidental). The Creator thus expressly acknowledges that they carry out their activity independently and in conformity in this respect with regard to their social, tax and legal situation whatever their country of tax residence.

Thus, the Creator acknowledges that they carry out their activity in one of the following forms without this exhaustive list: sole proprietor, independent contractor status, micro- entrepreneur, legal entity, Creators, etc.

  1. Personal use of the Account

The Creator agrees to make a personal use of their account and not allow any third party to use it for any purpose or in any way. They will be responsible for all the acts that could be carried out from their account, and in particular for any response to a Brief or any Transaction.

THE COMPANY cannot be held liable for direct or indirect damage resulting from fraudulent access to your account following a disclosure of your identification parameters.

  1. Accuracy of the data provided

The Creator agrees to keep the data entered on the registration form regularly updated so as to enable THE COMPANY to ensure the most efficient management of the Platform.

Any e-mail sent by THE COMPANY to the Creator’s email address will be deemed to have been received and read. Therefore, the Creator agrees to regularly review the messages received at this e-mail address and, if necessary, to reply to them as soon as possible.

 

  1. Violation of registration rules

In case of violation of the registration rules, THE COMPANY reserves the right to refuse or invalidate the registration or to suspend or delete the account, without prejudice to any other measure.

  1. Representation mandate

Any Creator registering on the platform THE COMPANY declares to mandate THE COMPANY to present their Concepts to any third party who may be interested in a possible Transaction.

THE COMPANY gives no other warranty, as an agent, than the mere presentation of the Creator’s Concepts to third parties of its choice. Under no circumstances does THE COMPANY give any guarantee that a Creator’s Concept will ultimately be selected by a Client.

The representation mandate of the Creators will end either because of the rejection in a Brief, or because of the selection of the Creator’ Concept.

However, THE COMPANY guarantees to the Creator that the Concepts proposed on the Site will remain confidential and will not be passed on to the Clients unless it selects it.

The Creators waives the right to revoke the mandate during the complete phase of negotiating a Transaction.

THE COMPANY may revoke the mandate at any time.

  • Collaboration with a Client

 

  1. Concepts

Any Creator can send Concepts to the Site.

Any Concept sent to the Site can, depending on the Creator’s choice, be accompanied or not by a Production Budget proposal.

If the Creator offers its services for the production of the Commercial Campaign related to the Brief, it must provide with the sending of its Concept to the Site:

  • an estimate of the Production Budget in the event that the Client decides to entrust him entrust with the production of the commercial campaign related the Concept.
  • a valuation of the concept and the assignment of the IPR in the event that the Client does not entrust him with the production of the commercial campaign in relation.

If the Creator does not wish to offer its services for the production of the Commercial Campaign related to the Brief, THE COMPANY will set the estimated budget itself, enabling the Creator’s remuneration to be calculated in accordance with the provision of Article 4.

Any Creator presenting their Concepts on the platform can be selected by THE COMPANY in order to respond to a Brief about a commercial campaign.

In order to identify a potential Concept matching with the Brief, THE COMPANY uses its Algorithm. It lists the Creators according to a series of criteria indicated above.

  1. Presentation and Selection of a Concept

 

The Creator is informed that any of its Concept selected by THE COMPANY in order to be proposed to a Client is presented by means of a videoconference on ZOOM.

The said videoconference on ZOOM is recorded, for the sole purpose of establishing and keeping proof that such Concept has been presented to it by THE COMPANY.

The final decision regarding the choice of the selected Concept will be at the sole discretion of the Client and will be done at his will, which the Creators expressly agree to accept.

Once a Concept is finally chosen, and on the assumption that the Concept is accompanied by a production budget proposal, the Client may, at its discretion, entrust the Creator with the production of the commercial campaign related to the Concept or not.

In the event that the chosen Concept is not accompanied by a Production Budget proposal and/or if the Client does not entrust the Creator with the Production Budget, the Creator is entitled to the remuneration provided for in Article 4.

 

  1. Negotiating

If the Client entrust the Creator with the Production Budget, THE COMPANY shall put the Creator and the Client in contact for the purpose of negotiating and agreeing on the financial terms of the production of the commercial campaign.

It is specified that any proposal of Production Budget attached to a concept by a Creator is made only as an indication and does not commit in any case the Client when he chooses the said Concept. The parties are free to negotiate and agree on the Production estimate according to the Client’s needs.

When the quote setting the final Production Budget is validated by the Parties, both the Client and the Creator must send a copy of it to THE COMPANY.

When the production is delivered and gives rise to the balance of the payment for the service, both the Client and the Creator must inform THE COMPANY and send it a copy of the final invoice, if there is one.

 

  • Payment

In consideration of the sale of a Concept to a Client, the Creator will receive a remuneration which will be set as follows:

  1. In the event that the Concept chosen by the Client is not accompanied by a Production Budget proposal, the remuneration will amount to 3% of the sum of the Estimated Budget set by THE COMPANY, VAT excluded, when the Concept was sent to the Site, with a minimum of 750 €.

This remuneration is due to the creator as soon as the Client confirms to the company the Concept selected. This remuneration will be paid directly to the Creator by the Client, upon presentation of an invoice established by the Creator according to THE COMPANY’s instructions.

  1. The Creator will receive a remuneration equal to the amount that it will have valued when the Concept was sent to the Site, in the event that the Client does not entrust him with the production of the commercial campaign in relation.

This remuneration is due to the creator as soon as the Client confirms to the company the Concept selected. This remuneration will be paid directly to the Creator by the Client, upon presentation of an invoice established by the Creator according to THE COMPANY’s instructions.

  • In the event that the Client has entrusted the Creator with the production of the commercial campaign related the Concept chosen, the Creator will not be entitled to any remuneration other than that obtained for production services provided to the Client on the basis of the Concept chosen by the latter.

In addition, the Creator undertakes to pay THE COMPANY a commission of 6%, VAT excluded, of the amount of the Production Budget of the commercial campaign agreed with the Client.

This commission will be due and paid by the Creator to THE COMPANY when the production is delivered and gives rise to the balance of the payment for the service by the Client. Upon confirmation by the parties that the production contract has been performed, THE COMPANY will send its invoice to the Creator for payment.

  • Transfer of IPR

The mere fact of sending a Concept on the Site implies, on the part of any Creator, the unilateral promise to transfer to the Client all the IPR of its Concept in the case of their selection by the Client.

In consideration of the price asked by the Creator for the Concept, the Creator hereby promise to assign to the Client absolutely with full title guarantee all its property, right, title and interest in and to:

  • Transfer full ownership to the Client, exclusively and definitively of all intellectual property rights that it holds on the Concept for the use and period selected by the Client;
  • The right to bring and defend proceedings, and obtain and retain any relief recovered (including damages or an account of profits) in respect of any infringement, or any other cause of action arising from ownership, of any of the Assigned Rights whether occurring before, on, or after the date of this Assignment.
  • Confidentiality Obligation

In order to have the right to consult the Brief and to initiate the negotiation phase, each Creator shall read carefully and agree to a Confidentiality Agreement. The Creator expressly acknowledges that they will be bound by the Confidentiality Agreement after completing a click process. This confidentiality shall apply to the identity of the Clients, their trade names, company names, trademarks, their products and any other distinctive signs or works. Only THE COMPANY may waive this confidentiality.

The Creators may mention their participation in THE COMPANY platform without mentioning any information relating to the Client, its products and services, the proposed Brief or the Content created on its behalf, unless it obtains the prior and express authorization of the Client to do so. These references will be made without prejudice to the possibility, for THE COMPANY, of claiming its own references of projects carried out via the platform.

  • Guarantee

The Creator guarantees the Client the full and peaceable use of the transferred rights to the Content and guarantees against any discord, grievances, actions or evictions of any form.

The Creator thus guarantees the Client (i) that they have all the rights and permissions necessary to make the transfer provided for in this Terms and Conditions and that the Content does not contain anything that is likely to be subject to laws and other provisions, especially related to counterfeit, unfair competition, the right to privacy, image reproduction rights, personality rights, and more generally that would violate the rights of any third party, and (ii) that they have not granted and shall not grant any third party any transfer of rights to or license to use the Content likely to prevent or impede the full enjoyment of the rights held by the Client on the said Content.

The Creator guarantees the Client or THE COMPANY against any complaints, claims and/or grievances of whatever form that the Client or THE COMPANY could be subject to from any third party, through a breach by the Creator of the aforementioned guarantees. The Creator agrees to compensate the Client or THE COMPANY for any prejudice that the latter would be subject to, and to pay any costs, compensation, charges and/or convictions that the latter could incur as a result of this breach.

In case of impediment or inability to exploit all or part of the Concepts carried out on behalf of Clients, the Creator shall, at his own expense and without prejudice to any damages and interest charged to him:

  • Obtain the authorization to continue to present or exploit the Concepts with the third party concerned;
  • Either modify or replace the Concepts, of identical quality, in order to render them non-infringing the rights of third parties, up to the satisfaction of THE COMPANY and the Client.

If the Creator is not able to achieve one of these results, the Creative agrees to indemnify and hold harmless THE COMPANY (and any Client) free from all direct and indirect costs and damages, as well as any claims or action brought by third parties against him resulting from the Concepts and more generally from the use of the Site, and in particular the interactive spaces of the Site.

  • Compliance with the account Rules

The Creators undertake to respect the legal and regulatory provisions, in particular those sanctioning publications of an abusive, defamatory, racist, pornographic, pedophile nature, advocating crimes against humanity, inciting racial hatred or violence, including violence against women, or violence against human dignity.

In particular, the Creators undertake not to post on the Site statements or Contents, whatever their nature or form:

  • contrary to public order or morality;
  • may be harmful to minors;
  • outrageous, false or slanderous towards third parties;
  • constituting an act of infringement, unfair competition or parasitism;
  • infringing privacy, the privacy of personal privacy or the right to the image or on behalf of individuals;
  • containing viruses, worms, Trojan horses or any computer element likely to interrupt, destroy or limit the functionality of any computer or computer network linked in any way to the activities of THE COMPANY;
  • and more generally infringing the rights of third parties or constituting a civil or criminal offense.

THE COMPANY reserves the right to withdraw or suspend, including as a precautionary measure, access to any content that it may consider to be unlawful, without prejudice to any other sanction and without prior disclosure.

 

  • Storage

Every Creator must personally take the necessary measures to ensure optimal storage of his Concepts. Under no circumstances may a Creator use the Site for storage purposes, as the Concepts or profile of the Creator may be removed at any time by THE COMPANY’s unilateral decision.

  • Account deletion

 

  1. By the Creator

 

The Creators may at any time terminate their account by making a deletion request by e-mail from the address used at the time of registration.

This deletion will under no circumstances jeopardize the rights recognized to THE COMPANY in the context of the Briefs to which the Creator participated or would participate at the time of the entry into force of the deletion of the account.

 

  1. By THE COMPANY

THE COMPANY reserves the right at any time to delete the account of a Creator who does not comply with these Terms and Conditions or the contract of assignment of IPR or who no longer meets the criteria of quality sought by the site.

THE COMPANY also reserves the right, at any time and without justification, to modify, suspend or interrupt permanently the access or the operation of the Site.

  • Legal, social and fiscal requirements

In accordance with Article 2, section e) of these Terms and Conditions, THE COMPANY intends to link Creators who work exclusively as professionals.

 

In this regard, THE COMPANY intends to recall the need to comply with the legal, social and fiscal obligations of any Creator regardless of the status under which they work.

Regarding Creators who are French nationals or residents, THE COMPANY intends expressly to recall the possible modalities of statutes. This information can be found here.

II – CLIENT’S OBLIGATIONS

 

1) Important disclaimer

These Terms and Conditions constitute the legal basis of the contractual relations between THE COMPANY and its Clients. Any order placed by a Client implies the full acceptance of these Terms and Conditions, which will prevail over any other document that has not been expressly approved by THE COMPANY.

Insofar as THE COMPANY Services are intended to meet the needs of Clients for the exercise of their professional activities, articles of the French Consumer Code protecting ordinary consumers are expressly excluded by the Parties from their relations within the limits allowed by the law.

2) Services provided by THE COMPANY

THE COMPANY offers to its Clients a platform for linking and managing the contractual relationship with the Creators who can propose Concepts selected by Clients for their communication campaign project.

 

3) Registration

 

The Client’s registration is reserved exclusively for persons with full legal capacity to contract. Legal entities must be represented by a person with the necessary authority for such representation.

Upon registration, the Client agrees to provide accurate data and is required to complete all mandatory fields in the registration form.

The Client undertakes to inform THE COMPANY without delay in case of modification of the information communicated at the time of registration and, if necessary, to carry out these modifications himself/herself in their Personal Account.

To register, the Client must create a Personal account on the Site by:

  • Filling out the form available on the Site, The Client undertakes to provide, as part of their registration, only accurate, personal and sincere information about their situation. The Client undertakes to inform THE COMPANY without delay in case of modification of the information communicated at the time of registration and, if necessary, to carry out these modifications himself/herself in their Personal Account.
  • Providing the requested documents on the Site,
  • Accepting the terms and conditions and the contract of assignment of copyright (to keep a copy, you can download them in pdf format during the registration process),
  • Checking the accuracy of the registration summary,
  • DEMONSTRATE YOUR AGREEMENT TO REGISTER BY CLICKING ON THE « VALIDATE REGISTRATION » BUTTON.

At the end of the registration process, THE COMPANY will send an email of confirmation of registration to the Client.

Upon creation of their account, the Client will choose an email and a password (hereinafter « ID ») enabling him to access their personal account. These ID are personal and confidential. They can only be changed at the request of the Client or at the initiative of THE COMPANY.

The Client is solely and entirely responsible for the use of the ID concerning them and undertakes to do everything possible to keep his ID secret and not to disclose it to anyone in any form whatsoever and for any reason whatsoever.

The Client will be responsible for the use of their ID by third parties or actions or declarations made through their personal account, whether fraudulent or not and guarantees THE COMPANY against any request in this title.

Furthermore, as THE COMPANY does not have the obligation and does not have the technical means to ascertain the identity of the persons registering on the site, it is not responsible in the event of impersonation of the Client. If the Client has reason to believe that a person is using fraudulent identification or their account, he must immediately inform THE COMPANY.

In the event of loss or theft of any of the Client’s ID, the Client is liable for any damaging consequence of such loss or theft, and shall promptly use the procedure for modifying it.

In the event that the Client is aware of another person’s access to his Personal Account, the Creator will immediately inform the Site by e-mail to the address […], and will confirm by registered letter this information to the following address: […].

Any use of the site which is fraudulent, or which contravenes the Terms and Conditions, will justify that the Client is refused, at any moment, the access to the Services or other functionalities of the Site.

THE COMPANY files the information contained in the registration forms and in the enrollment confirmation emails. The Client can access it electronically directly through your account.

4) Collaboration with a Creator

 

  1. Briefs

Any Client (either a Brand or an agency) can send Briefs to the Site.

The Client is responsible for defining the details of his communication campaign and preparing his Brief in the most precise and detailed manner possible.

The Client therefore undertakes to take the utmost care in the drafting of his Brief.

It will detail the nature of the Project (product and target aim) the Client’s expectations in terms of creative technics, positioning, proposed contractual terms (price, deadline, scope of the desired rights assignment).

  1. Information to provide

THE COMPANY has identified the necessary and minimal information to any effective Brief.

Some of this information are in free text entry and others phrase questions in order to help the Client in providing the useful information such as the Title, the targeted audience, the budget and scope of desired rights or the timeframe of the campaign.

The Client always has the possibility to add elements that he considers relevant and useful to the understanding of their expectations and the desired communication campaign.

  1. Presentation and Selection of a Concept

 

In order to identify a potential Concepts matching with the Briefs, THE COMPANY uses the Algorithm offered by the Site. It lists the Concepts according to a series of criteria indicated above.

 

After selecting a few Concepts that match with a Brief, THE COMPANY presents them to the Client by means of a videoconference on ZOOM.

The Client is informed and acknowledges that the said videoconference on ZOOM is recorded, for the sole purpose of establishing and keeping proof that such Concept has been presented to it by THE COMPANY.

The final decision regarding the choice of the selected Concept will be at the sole discretion of the Client and will be done at his will, which the Creators expressly agree to accept.

Once a Concept is finally chosen, the Client may, at its discretion, entrust the Creator with the production of the commercial campaign resulting from the Concept or not.

If the Client does not intend to allocate the Production Budget to the Creator, it must pay the commission provided for in section e.

 

  1. Negotiating

 

If the Client entrust the Creator with the Production Budget, THE COMPANY shall put the Creator and the Client in contact for the purpose of negotiating and agreeing on the financial terms of the production of the commercial campaign.

It is specified that any proposal of Production Budget attached to a concept by a Creator is made only as an indication and does not commit in any case the Client when he chooses the said Concept. The parties are free to negotiate and agree on the Production estimate according to the Client’s needs.

When the quote setting the Production Budget is validated by the Parties, both the Client and the Creator must send a copy of it to THE COMPANY.

When the production is delivered and gives rise to the balance of the payment for the service, both the Client and the Creator must inform THE COMPANY and send him a copy of the final invoice, if there is one.

 

  • Commission

In consideration of his services as intermediary between the Creator and the Client, THE COMPANY will receive a commission from the Client which is either calculated:

  • On the Production Budget, if the Client entrusts the Creator with the production of the commercial campaign related to the Concept; or
  • On the Estimated Budget, if the Client does not entrust the Creator with the production of the commercial campaign related to the Concept.

For each Transaction, THE COMPANY will receive from the Client a commission of 6%, VAT excluded, of the amount of the production budget or of the estimated budget, as the case may be.

The commission will be due and paid by the Client to THE COMPANY either:

  • as soon as the Client has chosen the Concept, if the Client does not entrust the Creator with the production of the commercial campaign resulting from the Concept, on presentation of an invoice from THE COMPANY;
  • When the quote setting the Production Budget is validated by the Parties. Upon receipt of the quotation validated by the parties, THE COMPANY will send its invoice to the Client for payment.

 

5) Transfer of IPR

The mere fact of responding to a Brief implies, on the part of any Creator, the unilateral promise to transfer to the Client all the IPR of its Concept with the terms of the contract of assignment of IPR in the case of their selection by the Client.

The assignment of the IPR related to the Concept is automatically carried out, under the terms of the contract of assignment of copyright, solely by the selection by the Client of the Creator.

In consideration of the price asked by the Creator for the Concept, the Creator hereby assigns to the Client absolutely with full title guarantee all its property, right, title and interest in and to:

  • Transfer full ownership to the Client, exclusively and definitively of all intellectual property rights that it holds on the Content for the use and period selected by the Client;
  • the right to bring and defend proceedings, and obtain and retain any relief recovered (including damages or an account of profits) in respect of any infringement, or any other cause of action arising from ownership, of any of the Assigned Rights whether occurring before, on, or after the date of this Assignment.

This remuneration is expressed in gross terms before deduction of any taxes, social contributions or charges.

III – GENERAL PROVISIONS

 

1) References

THE COMPANY reserves the right to cite the Client’s name as an institutional reference, particularly on the Site, its brochures or institutional documents, which the Client expressly declares to accept.

In this regard, the Client authorizes THE COMPANY to reproduce its name and, if it exists, its main logo (including if it is registered as a trademark), for a period of ten years from the last transaction registered by the Customer and for the whole world. In no event shall the Company use this name or logo as a trademark.

2) Data Protection

The data provided by the Creators will be integrated into a database accessible to THE COMPANY so that it can take any useful measure within the framework of the management of these processes and the operation of the Site.

In accordance with the provisions of the Data Protection Act No. 78-17 of 6 January 1978, the processing of personal data collected by THE COMPANY has been the subject of a declaration to the National Commission for Data Processing and Liberties (CNIL).

The collection of nominative information from the Creators for the purpose of accessing the Site’s functionalities is compulsory, this information being essential for the identification and management of the Community and the payment of the remuneration possibly due to the Creators.

The persons concerned, who can prove their identity, may require that personal data concerning them, which are inaccurate, incomplete, equivocal, outdated, or whose collection, processing, updating, blocking or deletion, Use, communication or storage is prohibited.

These rights may be exercised by e-mail to the following address – […] – or by post to THE COMPANY head office referred to in the first paragraph of these general conditions of use.

THE COMPANY does not intend to sell the embedded data in its database nor transfer it directly or indirectly, except with prior authorization of the Creator.

3) Limitation of Liability

THE COMPANY declines all responsibility:

  • For the indirect losses, loss of profit, loss of profit, loss or alteration of data, of Concepts, due to the use of the Internet network, Site functionality, digital files or media transmitted to THE COMPANY;
  • In case of suspension or breakdown in the accessibility of the Site, in particular for reasons of maintenance or considering the nature of the Internet and the computer and network infrastructures necessary for the operation of the Services;
  • In case of delays resulting from causes falling under the responsibility of the Creator;
  • With regard to material damage that may occur to the Creators’ installations, software and equipment, the latter must take all necessary measures to safeguard and protect them, in particular against any computer virus;
  • With regard to the statements that may be made by any third party interacting on the Site, any discussion forum, any website, any social network or any other space for dialogue;
  • In respect of any use by a licensee or subcontractor of the intellectual property rights in the Concepts, considered by a Creator to be unlawful;
  • With regard to possible malfunctions of the sharing or voting modules of social networks.

THE COMPANY declines in any event any liability for any damage exceeding the total amount paid to the Creator by THE COMPANY in connection with the Transaction in question. This clause is essential and decisive for THE COMPANY.

The company disclaims any liability for any damages which exceed the total amount actually paid by the Client for the services provided by the company within the frame of the Transaction subject to the incident. This clause is essential and determinant for THE COMPANY.

4) Cookies

THE COMPANY may use cookies necessary for the transmission of an electronic communication, in particular to ensure the possibility of:

  • routing information on the network, in particular by identifying its points of arrival;
  • to exchange information in the right order, in particular by numbering data packets;
  • detect transmission errors or data loss.

THE COMPANY may also use cookies necessary for the provision of an electronic service requested by a Creator, such as the payment of the agreed remuneration.

THE COMPANY can also use cookies to measure anonymity.

If THE COMPANY intends to use cookies to record information relating to navigation on the Site from your computer on the Site, so that THE COMPANY can read them during your subsequent visits, you will be informed specifically. In this case, the shelf life of this information will be a maximum of two (2) months.

 

5) Various Stipulations

 

  1. Convention

The Creators and THE COMPANY agree that they may proceed to the exchange of the information necessary for the execution of these Terms and Conditions by electronic means. Any electronic communication between the Parties shall be deemed to have the same probative value as a paper copy.

  1. Partial invalidity

Should any of the provisions of these Terms and Conditions be declared void or unenforceable, the remaining provisions shall remain in full force and effect. The null or inapplicable stipulation will then be replaced by a valid stipulation, having a meaning as close as possible.

  1. Absence of tolerance effect

The failure of one of the Parties to avail itself of a breach by the other party of any of the obligations contemplated in these General Terms and Conditions shall not be construed as a waiver of the due execution of the obligation in question.

  1. Applicable law

These Terms and Conditions are governed by, and must be construed in accordance with the laws of France.

  1. Litigation

The Parties undertake, in case of difficulty in the execution of these Terms and Conditions and prior to any legal request, to submit their dispute to an amicable conciliation procedure.

In this regard, the Party wishing to bring the amicable conciliation procedure into operation must notify the other Party by registered letter of its intention to bring the procedure into play, specifying the difficulties of application encountered. Failing agreement between the Parties within fifteen (15) days of the notification referred to above, the Parties shall restore all freedom of action.

The prior conciliation procedure will not be applicable in the event of a claim, claim or action of a third party directed against THE COMPANY under a Concept or a Transaction.

In the absence of such a solution, and subject to the provisions of the applicable law, the parties concern to submit their disputes on the exclusive jurisdiction of the Paris courts, notwithstanding multiple defenders or calls for warranty.