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General Terms and Conditions of Use (T&Cs) Skeepers Influence

 

 

1. Purpose

 

These general terms and conditions of use (the ‘T&Cs’) are intended to govern the use of the “Influencer Marketing” service and partly “Brand Communities” services, provided by Skeepers. Usage of the Influencer Marketing service implies express and unreserved acceptance by the Creator of these T&Cs.

 

 

2. Definitions

 

The following terms used with a capital letter have the definition assigned to them below:

T&Cs: Refers to these general terms and conditions of use;

Campaign: Refers to an operation created by the Client on the Skeepers platform, presenting the relevant Products and the Content to be produced, shared with the Creators.

Client: Refers to the company, manufacturer or entity marketing the product/service under a brand, subject of the Content;

Content: Refers to texts, including reviews, images, sounds, videos, photographs, drawings, avatars, and more generally any visual, textual or graphic post representing or referring to the products and/or services, distributed by a Creator as part of the Solution.

Creator: Person previously registered and accessing the Skeepers platform for the purpose of generating Content.

Skeepers: Refers to the legal entity identified in the Legal Notices of the Site;

Credentials: Refers to name and password allowing the Creator to access the Site;

Products: Refers to the products and services marketed by the Client;

Profile: Refers to the interface on the Site dedicated to the Creator

Social Networks: Refers to all present or future social networks whose Content may be the subject of the Skeepers Services, such as, for example: YouTube, Instagram, Facebook, Twitter, Twitch, Blogs, TikTok, Pinterest.

Site: Refers to the website accessible at the address https://creator.im.skeepers.io/;

Services: Refers to the Influencer Marketing or Brand Communities services provided by Skeepers;

 

 

3. Description of Services

 

Skeepers offers Creators the following Services:

– Access to the Site by Creators (including viewing statistics, discussions and matching with Products and Clients);

– Sending Products and/or related benefits.

The services offered by Skeepers are offered to Creators free of charge.

 

 

4. Access to Services

 

Skeepers does not guarantee that the Site will be continuously accessible. Skeepers reserves the right to modify, suspend and/or delete all or part of the Site and the information it contains at any time and without notice. Consequently, Skeepers cannot be held liable for any proven or alleged damage, suffered directly or indirectly, by any Creator, related to the connection, consultation and/or use of the information provided by the Site.

To access the Services, Creators must connect to the Site with their Credentials under the conditions described below.

In general, any breach of the stipulations of these T&Cs may result, immediately and without prior notice, in the deletion or suspension of the Creator’s account, notwithstanding any claim for damages from Skeepers.

 

 

5. Skeepers personal account

 

5.1 Registration

 

Registration on the Site to create a personal account is done via the interface dedicated to Creators on the Site, by completing all the information identified as mandatory. The Creator can also complete optional information, such as, without this list being exhaustive: his favorite brands, his interests, etc.

Skeepers reserves the right to refuse any incomplete or non-compliant registration.

 

The Creator warrants to Skeepers that:

 

  • The Creator is at least eighteen (18) years old. If he has not reached the age of majority in his country of residence, he must obtain parental consent to create a personal account on the Site;

 

  • The Creator is not a former or current employee of Skeepers nor does he work for a media agency or an advertising agency that is a partner of Skeepers;

 

– As an Influencer, the Creator must have at least one account on a Social Network which is available in public mode and which has a minimum number of followers (this is specified for each Social Network concerned on the Site after the registration); and this throughout the duration of his registration on the Site.

Skeepers reserves the right, at any time and throughout the registration period, to verify that the Influencer’s Social Network Account meets the criteria mentioned above. If the Social Network Account no longer fulfills the criteria mentioned above, Skeepers reserves the right to deactivate and/or terminate the Creator’s personal account on the Site.

The Creator agrees not to artificially increase, either automatically and/or manually, by himself or through a third party, the number of views, impressions and/or clicks associated with the Content that he publishes on his Social Network Account, nor to encourage others to do so.

The Creator guarantees that the information provided for the creation of his account is accurate, sincere and personal. The Creator undertakes to regularly update his information in order to inform Skeepers about his personal profile and to benefit from the most suitable Services made available by Skeepers. Skeepers reserves the right to delete any account for which, in particular, the information is incorrect or whose address, in particular a postal address, would not allow the normal dispatch and use of the Products. The Creator’s registration automatically leads to the creation of an account and a profile in the name of the username he uses on social networks, as well as an information space relating to the Creator accessible notably by Clients in the case of matching.

A Creator creating an account onto the Skeepers’ platform will be incorporated into the “Skeepers Community” If they meet the conditions of eligibility for other products, they may be invited to participate in other UGC campaigns that match their interests.

 

 

5.2 The personal account

 

After registering on the Site as described above, the Creator finalizes the creation of his account by entering the Credentials, which are likely to be modified by the Creator, on his account. The account is accessible under the same conditions as the Site. Credentials are personal and cannot, under penalty of having the account suspended or deleted, be communicated to or used by a third party. Any suspicion of disclosure, whether intentional or not, of Credentials engages the sole and personal responsibility of the Creator. In no event shall Skeepers be liable for any illicit or fraudulent use of Creator names and passwords as well as of the various tools made available to the Creator.

The Creator can also view on his account his credits, ordered and in progress Products, and ongoing and previous Content. The Creator is granted tokens upon registering on the Site, which they use to participate in Campaigns. The token is returned to them once their Content has been validated by Skeepers.

The creation of a personal account does not automatically entitle the Creator to benefit from all the Services and does not guarantee “matching” with Products, Skeepers or the Client reserving the choice of the Creators who are beneficiaries of the Products.

The Creator may ask Skeepers to terminate their account at any time by giving written notice (email being sufficient) of fifteen (15) days sent to Skeepers.

 

 

5.3 The Profile

 

The creation of the Skeepers’ account on the Site generates the creation of a Profile making it possible for the Creator to be identified and allow him to benefit from the Services. As soon as the Personal Profile is created, the Creator is identified on the Site by the pseudonym and the avatar that he uses on the social network(s) entered by the Creator on the Site. The Profile also contains previous Content automatically uploaded to the Site, to which the Creator consents.

According to the information provided by the Creator when registering, his Profile is likely to correspond to Products. In such an eventuality, a match between the Creator and the Products is then possible. However, Skeepers reserves the right to limit this matching according to its own selection criteria.

 

 

6. Use of Services

 

6.1 Product Orders

 

The Creator can view the Products offered by Clients in each Campaign via their account and apply to participate in the Campaign. For each Product, the publication requirements for the Content are specified (e.g., brief, mandatory mentions, hashtags, etc.).

Once selected and approved by the Client or Skeepers, the Creator receives the Product free of charge.

 

 

6.2 Content Creation

 

The Creator undertakes to publish Content that complies with the accepted conditions within a maximum of 21 days following the shipment of the Product (28 days for YouTube), and to share the link on the Skeepers platform. If the Client specifies a shorter deadline in the Brief, the Creator shall make their best efforts to comply with it.

The Creator takes the commitment to create one Content per product received, with an exception regarding YouTube for which 5 different products can be featured in one video.

The Creator undertakes to publish Content that complies with the accepted conditions within a maximum of 21 days following the shipment of the Product (28 days for YouTube), and to share the link on the Skeepers platform. If the Client specifies a shorter deadline in the Brief, the Creator shall make their best efforts to comply with it.

The Creator shares the link of his Content on the Site within one hour of the publication of his Content on his Social Networks. The Content must be published in “public mode” and must remain accessible for at least thirty (30) days from its publication on his Social Networks, except in the event of a change of mind concerning the Product, which must first be notified by email to Skeepers.

The Creator then checks a box to accept the Assignment of Rights Agreement (“Skeepers Community Agreement”).

 

 

6.3 Content Compliance

 

Skeepers reserves the right to check the Content or to provide Client with the possibility to check the Content, when the Creator publishes it on the Site in order to verify its compliance with the conditions set by the Client, on the one hand, and with the Skeepers T&Cs and the Transfer of Rights Contract on the other hand.

In the event that the Content is not compliant, Skeepers or the Client may (i) notify the Creator of this non-compliance, and request that the necessary changes be made so that the Content complies with the conditions set by the Client, the Skeepers’ T&Cs and the Transfer of Rights Contract, and/or (ii) Skeepers will have the possibility not to grant a token to the Creator or to deactivate and/or terminate the Creator’s account.

With regards to written gifted reviews intended for the e-commerce website designated by the Client, the Creator writes their Content on the Site then, once validated by Skeepers, the Creator copies the Content onto the Client’s site within one hour of the validation.

The Creator produces their Content in exchange for the Product received. No additional compensation shall be provided to the Creator, unless otherwise agreed between the Client and the Creator. Skeepers shall not be held liable for any form of compensation agreed between the Creator and the Client, including in the case of an affiliate link.

The consideration for the Services and, in particular, for receipt of the Products, is the obligation for the Creator to publish Content, which complies with the conditions set by the Client.

The Creator undertakes to respect the Products and the Client’s brand image. Thus, the Creator undertakes, in all circumstances, to:

– Respect the laws and regulations in force applicable to Clients and Products and not to infringe the rights of third parties or public order;

– Not to resell or profit, in any way whatsoever, from the Products obtained, for a minimum period of 2 years from receipt or access to the Product;

– Not to receive any sum of money and/or other consideration for evaluating the Products (unless otherwise specifically agreed between the Customer and the Creator) and not to contact Clients other than to evaluate their Products as provided herein;

– Act, communicate, express themselves and write with discernment, courtesy, and respect for others in the comments, assessments, or exchanges that they may write and which will be broadcast on social networks;

– Collaborate with Skeepers by providing it with all the information necessary for the proper performance of the Services;

– Respect the conditions set forth by the Client in the description of the Product on the Site and in the Brief;

– Clearly indicate whether the content was created by AI or if the photo has been retouched.

– To indicate that this is content in partnership with a brand, as soon as the Content or the relationship with the Client falls within the criteria of endorsement defined by the Federal Trade Commission (FTC).Consequently, the Creator thus refrains from broadcasting, in particular, and without this list being exhaustive:

– Content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist, or any political statement,

– Statement non-directly related to the product reviewed,

– Infringing Content,

– Content that is harmful to the image of a third party,

– Content that is false, misleading or that proposes or promotes illicit, fraudulent or misleading activities, Content that is harmful to the computer systems of third parties (such as viruses, worms, Trojan horses, etc.), and

– More generally, Content, statements, or behavior that may be deemed inappropriate, offensive, or contrary to public decency or applicable laws or likely to infringe on the rights of third parties, to be prejudicial to third parties, or to engage the liability of Skeepers or the Client in any way and in any form whatsoever. To this end, the Creator undertakes in particular not to mention or represent any brand, logo, including on clothing, other than the brand(s) of the Product(s) sent by the Client. Similarly, if, within the Brief, the Customer requires the use of a music for the creation of the content the Creator agrees to use only royalty-free music in his Content or music especially available for advertising content. Otherwise, if nothing is specified by the Customer, the Creator undertakes not to use music.The Creator also undertakes not to include or show children who are not his own; or any adult who does not know or does not consent to the video being posted.

The Creator must include within each piece of Content, a clear and conspicuous unequivocal notice that he has received the Products evaluated free of charge from the Client via Skeepers, including either:

    • On YouTube:
      • At the start of the video: or at the time of the endorsement an oral discourse that is easily audible and understandable for the Creator – in particular that is slow enough, and with words that will be understood by the audience. If the video lasts more than ten minutes, the Creator must repeat the speech at the end of the video;
      • All along the video, a clear and conspicuous text or hashtag or endorsement within the video,
      • In the “About” section: a clear and conspicuous explanatory text

 

    • On Instagram:
      • If the Content is a photo: a clear and conspicuous text provided in the first line of the photo description.
      • If the Content is a story: a clear and conspicuous hashtag or endorsement broadcast in each story all through the story.
      • If the Content is an Instagram reel:
        • At the start of the video or at the time of the endorsement: an oral discourse that is easily audible and understandable for the Creator – in particular that is slow enough, and with words that will be understood by the audience.
        • All through the video, a clear and conspicuous text or hashtag or endorsement.
        • In the “About” section: a clear and conspicuous explanatory text.

 

    • On TikTok:
      • At the start of the video or at the time of the endorsement: an oral discourse that is easily audible and understandable for the Creator – in particular that is slow enough, and with words that will be understood by the audience.
      • All through the video, a clear and conspicuous text or hashtag or endorsement.
      • In the “About” section: a clear and conspicuous explanatory text.

 

    • On the Client’s website: a clear and unambiguous text provided in the first words of the Creator’s comment relating to the Client’s product.

The Content must reflect the honest opinion and personal experience of the Creator, based on his actual use of the Product. The Creator undertakes to inform Skeepers immediately if his opinion of this Product changes, and to remove the corresponding Content immediately.

The Creator undertakes not to make any scientific or performance claims concerning the Product (such as “it reduces wrinkles! ” or “It keeps me hydrated all day! “). The Creator must focus on what he likes or dislikes about the Product, from his personal point of view.

Any breach of the stipulations of this article and, more generally, of these T&Cs may lead, immediately and without prior notice, to the deletion or suspension of the Creator’s account, notwithstanding any claim for damages from Skeepers.

In addition, Skeepers and/or the Client may ask the Creator to withdraw the Content in question in the event of non-compliance with the rules and principles set out above, which he undertakes to do without delay upon receiving the request.

Any Product received is strictly reserved for the personal use of the Creator. The Creator is prohibited from selling it. The Creator may give and/or offer the Product to a third party only after having tested them and having published Content that complies with these T&Cs.

Creator acknowledges that it may be held liable in accordance with Article 14 hereinafter.

 

 

7. Assignment of the rights to use the Content and authorization of image rights

 

The publication of the Content on the Site by the Creator will concomitantly carry the conclusion by the Creator and Skeepers of a Contract of transfer of rights on the Content (“Skeepers Community Agreement”) created by the Creator as well as the transfer of his image rights accessible from the following link: https://app.im.skeepers.io/community-agreement

In the event of the Creator’s refusal to sign said Assignment of Rights Agreement, the latter may not publish their Content and must therefore return the Product received to the sender.

The gifted review written by the Creator on the e-commerce website designated by the Client is similar to a testimonial, always relating to an experience and is purely for the information of future clients. Thus, Skeepers and its partners may freely use, reproduce, publish, make available and translate the content of Client reviews worldwide and in any media and any medium whatsoever.

The Creator shall not, on the day of acceptance of these T&Cs, see any reluctance or reservation to the provisions of this article. He expressly acknowledges that, if he is not prepared to sign the Contract for the transfer of rights, he will refrain from ordering a Product on the Site because the absence of the transfer of intellectual property rights and image rights attached to the Content would constitute a waste of time for Skeepers.

  

 

8. Content Download

 

The Client may download the relevant Content on a non-exclusive basis in order to reproduce it, represent it and sub-license it, and in particular include it on any medium. The Client also benefits from the authorization to use the images of the people represented in this Content. The aforementioned rights are assigned by the Creator to Skeepers via the aforementioned Assignment of Rights Contract. Skeepers grants these rights to the Client through the agreement concluded between the Client and Skeepers.

 

 

9. Guarantee

 

The Creator declares and guarantees that he holds the Contents (including the rights attached to them, including image rights) in full ownership and/or that the Creator has all the rights and authorizations necessary for the exploitation and distribution of the Content and that there is no agreement or any right that could be an obstacle to the present guarantee, the transfer or the authorization of the use of the image and the Contents.

In cases where the commercial use of images of children under the age of thirteen on online platforms and its subsequent implementing decrees are applicable, the legal representatives of minor children under the age of thirteen are required to request the necessary approval from the competent administrative authority. Skeepers is exempt from all liability in the event of failure to obtain said approval by the legal representative(s). The Client may, at any time, ask to verify the authorization issued to the legal representatives who should then communicate to them on first request. In this respect, the formalities to be observed are detailed on the official website of the French administration.

The Creator also guarantees that this Content does not infringe on public order, good morals or the rights of third parties, does not infringe on any legislative or regulatory provision and, more generally, is in no way likely to involve the civil or criminal liability of Skeepers or the Client.

As a result of the foregoing, the Creator guarantees Skeepers and the Client against any action, complaint, claim, eviction whatsoever, on the part of any person invoking non-compliance with the applicable regulations, an intellectual property right, to which the Content would infringe, or would have infringed, an act of unfair and/or parasitic competition, infringement of public order, morality or the rights of third parties and in particular tending to prohibit or restrict their use and will accordingly indemnify Skeepers and the Client against all the consequences that could result from a breach of this guarantee (in particular, all losses, damages, expenses and/or costs including, in particular, legal costs and lawyers’ fees).

Skeepers does not monitor the Site but reserves the right to remove any Content that violates the T&Cs or that does not comply with applicable law, including that which violates an intellectual property right, as soon as Skeepers becomes aware of the illegality of said Content. To this end, each Creator will contact Skeepers if he considers that any Content violates one of his rights and/or the applicable law and according to the formalities imposed by law concerning requests for removal of illegal content. Upon receipt of a valid takedown request under applicable law, Skeepers will promptly remove the Content affected by such request from the Site.

The Creator must evaluate and bear the risks associated with the use of any Content, in particular concerning the accuracy, completeness or usefulness of such Content.

The Creator acknowledges and agrees that any questions, comments, suggestions, ideas, impressions or other information about the Services (hereinafter the “Proposals”), which the Creator provides to Skeepers, are not confidential and that Skeepers is entitled to use and distribute, without restriction, these Proposals, for any purpose, whether commercial or otherwise, without any recognition or compensation whatsoever being due to the Creator.

 

 

10. Data Processing

 

As part of its activities and the provision of the Services, Skeepers processes Creators’ personal data as these terms are defined by the applicable regulations. The various processing operations carried out as well as the rights of Creators are described in Skeepers’ privacy policy accessible on its site from the following link: https://community.skeepers.io/privacy-policy/

 

 

11. Cookies

 

When consulting the Site, cookies may be placed on the Creator’s computer, mobile or tablet. The use of certain cookies requires the prior consent of the Creator. The Creator will find information specific to the cookies used on this site by clicking here: https://community.skeepers.io/privacy-policy/

 

 

12. Intellectual property of the elements of the Site

 

All the elements published on the Site such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, utilities, databases, software and other technologies are protected by the provisions of the Intellectual Property Code, are owned by Skeepers or are the subject of a license granted to Skeepers. Any distinctive sign appearing on the Site, in particular, company names, brands and logotypes are trademarks owned by Skeepers or by third parties or partners, in particular Clients whose offers are presented on the Site. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express and prior agreement of the owner of the rights is strictly prohibited and would constitute infringement punishable by the Intellectual Property Code. The Creator undertakes to use the Site and its content in a strictly private setting. Use for commercial purposes is strictly prohibited. The Creator requests the prior authorization of Skeepers for any reproduction, publication, or copy of the various content.

 

 

13. References and links

 

Hypertext links are made available to the Creator referring to partner sites or third-party sites. Insofar as Skeepers cannot control these sites, Skeepers assumes no responsibility for the information contained on these sites. Skeepers cannot be held responsible notably for modifications or updates to these sites or for any malfunction of them. Skeepers cannot under any circumstances be held liable for direct or indirect damage related to browsing or downloading from hypertext links published on the Website.

 

 

14. Liability

 

Use of the Site implies knowledge and acceptance by the Creator of the characteristics and limits of the Internet and the technologies associated with it. Skeepers cannot be held responsible for any damage whatsoever resulting from a connection to the Site that the Creator makes under his sole responsibility. As such, Skeepers declines all responsibility, in particular in the event of misuse or incident related to the use of the device to connect to the Site, to access the Internet, the maintenance or malfunction of the servers, the telephone line or any other technical connection, and the sending of forms to an incorrect or incomplete address, any computer errors or defects observed on the Site. Furthermore, Skeepers strives to provide accurate and up-to-date information on the site. However, Skeepers cannot in any way be held responsible for any inaccuracies or omissions on its Site.

Skeepers will only be liable for direct damage resulting from the use of the Site and in any event, access to the Services being free, its liability is capped at the sum of one-hundred dollars ($100). Consequently, Skeepers declines all responsibility and cannot be held liable for any indirect damage whatsoever, arising from a cause external to its Site, such as, without the list being exhaustive: arising from the use or receipt of a Product by the Creator, originating from or relating to Content created by the Creator, originating from or relating to the connection between the Client and the Creator, etc.

Skeepers reminds Creators that they may have fiscal and social obligations relating to their activities for which they are fully responsible. The steps to be taken to comply with the legislative and regulatory requirements in this respect, which depend on different criteria depending on the particular case of the Creator.

In addition to the warranties provided herein, the Creator provides a guarantee for Skeepers and the Client against any complaints, demands, actions and/or claims whatsoever that Skeepers or the Client may suffer as a result of the breach by the Creator of any of its obligations or warranties under these terms and conditions. He undertakes to indemnify Skeepers and the Client for any prejudice it may suffer and to pay it all the costs, charges and/or judgments Skeepers and/or Client may have to bear as a result.

 

 

15. Acceptance of the Terms of Use for Social Media

 

Skeepers uses the YouTube API, in particular to authenticate and link the Creator’s YouTube channel to their profile on the Site. Consequently, by using the Site, the Creator expressly accepts YouTube’s terms of use available at the following URL: https://www.youtube.com/t/terms and the https://www.google.com/policies/privacy.

Likewise, the Creator undertakes to accept and comply with the terms of use, and any other set of terms applicable to Creator, of each Social Network or website that Creator uses to publish Content.

 

 

16. Miscellaneous Provisions

 

Skeepers reserve the right to modify these T&Cs at any time. A message in the form of a pop-up on the Site will inform Creators of the update of the T&Cs. It is recommended that the Creator reads the T&Cs regularly.

The invalidity of all or part of one of the provisions of these T&Cs cannot result in the invalidity of the other provisions.

 

 

17. Membership

 

Acceptance of these T&Cs is realized by means of a checkbox on the registration form offered to the Creator when registering on the Site with a URL link to the T&Cs. This acceptance is without reservation. In addition, the T&Cs are available at any time on the Site.

 

 

18. Applicable law

 

The Site and the T&Cs are subject to New-York State law. Any dispute relating to the interpretation or execution of these Terms and Conditions will be subject to the jurisdiction of the competent courts of New-York.