Transfer of rights Contact for Content created by the Creator
Skeepers is a simplified joint-stock company with a capital of 11,470,723 euros, registered with the Marseille Trade and Companies Register under number 879 038 990, whose registered office is located at 18-20 Avenue Robert Schuman, CS 40494, 13002 Marseille.
In this Agreement, “Skeepers” means Skeepers and its affiliates. All terms beginning with a capital letter are defined in the Skeepers T&Cs.
By posting content on the Site, you acknowledge and expressly agree to assign to Skeepers, under the conditions defined below, all rights held by you to the Content you have created (in accordance with the Skeepers T&Cs, the term “Content” means the texts, images, photographs, drawings, avatars, and, more generally, any visual, textual, sound or graphic publication of the Creator, representing the Products, distributed within the framework of the services), and expressly authorize Skeepers to use your image under the conditions specified below:
1. Assignment of Content Rights
In return for ownership of the Product received, you expressly and non-exclusively assign to Skeepers all of the rights you hold to the Content, including the right for Skeepers:
to use, reproduce, license, assign, distribute, fix temporarily or not, disseminate, put into circulation, extract, download, store, list, classify in a database, communicate to the public, represent, exploit the Content on all formats and on all media known or unknown to date and in particular without this list being of a limiting nature, on the internet and whatever the generic, geographical suffix or the extension of the name of domain of the website concerned and the country in which the Content is received (in particular on the Skeepers platform and website, on its social networks such as Facebook, Twitter, Instagram, IGTV, Snapchat, on sites for sharing audiovisual recordings such as YouTube, Dailymotion, Pinterest, but also Weibo, WeChat, and, in general, on any other existing or future medium), by any form of distribution such as cinema, terrestrial television, satellite, cable provider by TNT and by any existing or future process, in France and abroad;
to make any total or partial modification to the Content, such as addition, deletion, adaptation, translation, variation, editing and dubbing in a language other than French, to carry out any extraction of all or part of the Content for global use and on any appropriate operating mode and on any medium. The transferred Content may also be adapted and/or translated to enable its integration into another audiovisual, multimedia and/or digital work and on all the media defined above;
to grant all or part of the rights that you transfer to it under the terms of this contract. In particular, the right to represent and distribute your Content may be granted, on all media and in all formats and in particular:
on the Internet (in particular on the Customer’s website and/or social networks, such as Facebook, Twitter, Instagram, IGTV, Snapchat, on audiovisual recording sharing sites such as YouTube Dailymotion, Pinterest, but also, Weibo, WeChat, and, in general, on any other existing or future media), by any form of distribution such as cinema, terrestrial television, by satellite, by cable operator, by TNT and by any existing or future process, in France and abroad, on the e-commerce site(s) on which the Customer offers his products for sale, whether or not he is publisher of this e-commerce site(s) regardless of the generic, geographical suffix or the extension of the domain name of the Customer’s website, and the country receiving the Content;
at the Customer’s physical sale locations (stores, corners), at fairs, exhibitions, physical places of advertising, exhibitions and all other public events where the Customer will be present or represented;
internally for the benefit of the Client’s members and employees.
This assignment allows Skeepers to use said Content both for external and internal communication purposes, as well as for free, promotional, advertising, events, commercial and lucrative purposes, in particular by the marketing and/or availability to its Customers, directly or through third parties authorized by Skeepers, of products or services.
This transfer of rights is granted from the day of your acceptance of this contract and for the legal duration of protection of rights. This transfer is granted worldwide.
With respect to your moral rights, the right to adapt the Content will allow Skeepers to make changes to the Content, such as any modification made necessary due to technical constraints or to allow the implementation of the Content in any form and on any medium chosen by Skeepers on which the Content will be reproduced or represented. You refrain from opposing or challenging these changes, but also from claiming any compensation or remuneration whatsoever for these changes to the extent that the integrity of your work is respected.
You represent and warrant to Skeepers that you are the exclusive owner of all rights assigned for the Content under this agreement. You therefore guarantee that you have obtained from any authors and/or assistants who have intervened in the context of the production of the Content and who may benefit from any rights to be asserted on the Content, all the rights and authorizations necessary allowing you to transfer the rights of ownership attached to the Content for the benefit of Skeepers, and in particular the rights to use the music attached to your Content if applicable.
You also declare that the rights have not been the subject of any partial or total transfer, free of charge or against payment, of any operating license of any kind whatsoever, of any pledge, or of any right of pledge, to anyone, or any dispute in any form whatsoever, with the exception of the license granted to the social network on which you posted the Content.
You guarantee the peaceful enjoyment of these rights and you undertake to indemnify Skeepers against all consequences, in particular financial, which could result from any dispute, claim or action brought by a third party relating to the ownership of the rights to the Content.
2. Image rights
Insofar as you appear in the Content, you expressly authorize Skeepers to use the attributes of your personality (including image, personal brand, personal logo, last name, first name and voice) in order to allow Skeepers to exercise the rights granted to it on the Content in accordance with point 1 above.
In return for ownership of the Product received, you expressly authorize Skeepers:
to capture, fix, reproduce, adapt and distribute your image (including, in particular, your image, personal brand, personal logo, voice, last name and first name) on all the fixation, reproduction and distribution media mentioned in point 1) above, and in particular on the internet, on the Skeepers platform and site, on its social networks such as Facebook, Twitter, Instagram, IGTV, Snapchat, on audiovisual sharing sites such as YouTube Dailymotion, Pinterest, but also Weibo, WeChat, and, in general, on any other existing or future medium), by any form of broadcasting such as cinema, terrestrial television, by satellite, by cable operator, by TNT and by any existing or future process, in France and abroad, whatever the generic suffix, geographical location or the extension of the domain name of the website concerned and the country of receipt of the Content;
to grant to the Customer for whose benefit the Content has been produced (in particular manufacturers, distributors, merchant websites, and more generally its professional customers, etc.) the right under license to use the attributes of your personality (in particular image, personal brand, personal logo, last name, first name and voice) on the Internet (in particular on the Customer’s website and/or social networks, such as Facebook, Twitter, Instagram, IGTV, Snapchat, on audiovisual sharing sites such as YouTube, Dailymotion, Pinterest, but also Weibo, WeChat, and, in general, on any other existing or future medium), by any form of broadcasting such as cinema, terrestrial television, by satellite, by cable operator, by TNT and by any existing or future process, in France and abroad, on the e-commerce site(s) on which the Customer offers its products for sale, whether or not they are the publisher of this (these) e-commerce site(s) and regardless of the generic or geographical suffix or extension of the domain name of the Customer’s website, and the country receiving the Content, on the Customer’s physical points of sale (stores, corners), at fairs, shows, exhibitions, physical places of advertising and all other public events where the Customer will be present or represented and internally for the benefit of the members and employees of the Customer.
This authorization is granted worldwide and for a period of twenty (20) years from the date of your acceptance of this contract.
You declare and guarantee that you have obtained the written agreement of the persons represented in the Content, or their legal representatives, for the use of their personal attributes (in particular image, name, voice) so that the Content can be freely used, disseminated, reproduced and used by Skeepers and its Customer under the conditions stipulated herein. You undertake to support this authorization, without delay, on first request by Skeepers. You agree to indemnify Skeepers against any consequences that may result from any dispute, claim or action brought by a third party relating to the use of their personal attributes.
3. Common provisions
The transfer of your rights to the Content in accordance with point 1) and the authorization to use your image granted in accordance with point 2) is approved for the exploitation, operation and institutional and advertising promotion by Skeepers of its site, its platform and its activities as well as the institutional and advertising promotion of the products, services and activities of the Customer for the benefit of whom the Content has been produced.
In accordance with article L.122-7 of the Intellectual Property Code, you expressly acknowledge and accept that this transfer of rights and authorization to use your image is granted only in return for the product received. You waive any right to claim any other form of consideration, including financial.
In the event that at the time of acceptance of this contract, you are a minor (under the age of 18), you declare and guarantee to Skeepers that you have obtained the authorization of your parents or the holder(s) of the parental authority, or, failing that, of your legal guardian(s), to accept this contract. You undertake to support this authorization, without delay, on first request by Skeepers.
In the event of any contradiction between this contract and the general terms and conditions of use of the Skeepers site and platform, the provisions of this contract shall prevail.
In the event of cancellation by a court or any other competent authority of one of the clauses of this contract, all the other clauses of this contract will remain in force unless, because of the cancellation of the clause, these become irrelevant or impossible to perform.
This agreement is subject to French law.
No tolerance on the part of Skeepers, regardless of its nature, extent, duration or frequency, may be considered as creating any right for your benefit or be interpreted as a waiver on its part of any of the provisions of this contract.
By express agreement, the e-mails and automatic registration systems used on the Skeepers site and platform will prevail between the parties.