TheCreateurs SAS, a limited liability company with a share capital of 30,000 euros, having its head office at 12 bis avenue des Gobelins, 75005 Paris, registered with the Paris RCS under number 528 238 272 provides a website accessible on the internet address www. thecreateurs.com (hereafter “TheCreateurs” or the “Website”)
TheCreateurs is an online community platform, open to the public, meant for the showcasing and sharing of creative videos. The service is dedicated to films directors from all backgrounds looking to showcase their contents, their experience and their projects (hereafter the “Talents”). These Talents form together a free and respectful community united in the same interest: the creation of video content. TheCreateurs offers to the Users a cluster of tools and functionalities to view, share, comment and exchange the Talent’s Videos.
Article 1 : Definitions
Article 2: Registration on TheCreateurs
Only individuals over 18 years old and who are not carrying on a commercial purpose can sign up as a Talent on the Website.
Any User below 18 years old must have been authorized by its parents or guardian. Any User acting in the name and on behalf of a company must certify he/she has received an authorization and has been granted a power to do so.
The Talent undertakes not to create or use, either under his/her own identity or a third party’s identity, any other Account on the Website than the one initially created and assigned to him/her. Creating or using new Accounts under one’s own identity or someone else’s, without the prior written authorization of the Website’s administrator could cause an immediate suspension without advanced notice of the Talent’s Account. In the event that a Talent would know about somebody else having access to hisher Account, the Talent will immediately notify the Website administrator by e-mail at the address (firstname.lastname@example.org), and will confirm this information by registered mail at the following address: TheCreateurs, Administrator service, 4 rue Lincoln 75008 Paris.
Registering and opening of an Account on the Website allows you to:
For Talents in particular, to upload their Videos (possibility of HD viewing for HD video uploads), to create a personal Showreel with their Videos, to embed those Videos, to sort and organize them on the Website thanks to sections to reference each Video (category, tags, groups…), to add or withdraw Videos from their Profile whenever they want, to watch the Videos and Showreels of other registered Talents, to share, embed, comment, vote, tag Videos on the Website, to have a personalized user toolbar with a feed and an access to an internal mail system to communicate with other Talents, to have access to other Talent’s Profiles…
Someone who accesses the Website as a simple Visitor will be able to (among other things): view Talent’s Videos and Showreels, share, embed Videos, vote and have access to part of each Talents’ Profiles, check the Newsflash, the groups, the tags.
Some of the current features and new tools which may be offered in the future could become accessible to Talents through a subscription against payment.
Article 3 : Purpose and functioning of the Website
On the one hand, the Website allows Users to have access to a Community Space where they can, among other things, view and share Videos and have access to Talent’s Profiles; on the other hand it allows Talents to participate in Calls for Entries submitted in association with TheCreateurs’ Partner. Besides, the Website will be able to participate in promoting Talents by organizing the broadcasting of their Videos on other websites than TheCreateurs or other medium than Internet in exchange for a compensation shared between the Talent and the Website.
3.1 : The Community Space/ Guidelines Policies
The Community Space on TheCreateurs is a creativity space dedicated to Talents which is also accessible to Users.
The Talents undertake to show good behavior and to be courteous in their commentaries on other Talents or on the Videos uploaded by other Talents on the Website. Therefore, they will not denigrate in anyway and undertake to not putting any message or commentary that:
The Talent undertakes not to transmit commercial messages for products or services which are illicit or regulated (for example, tobacco, alcohol, games involving gambling, drugs, weapons, etc). The Talent also undertakes not to communicate any promotional message except the promotion of their own Videos (hypertext links, information, etc.) and, in general, not to release messages contrary to the applicable legislation or regulation.
Acting as a host provider according the Law, TheCreateurs has no general monitoring obligation. Nevertheless, in addition to the legal notification procedure, as described in the Article 6.1 here below, the Website has put in place a simplified notification procedure, allowing all Users to notify the Website administrator of the presence of a “non-creative Content” under the box “This video is not a creative content”. After TheCreateurs services have checked the relevant video, the Website reserves the right to withdraw the said video.
In the case of an abusive flagging of a “non-creative Content”, when the relevant Video has all the characteristics requested to be eligible on the Website, TheCreateurs reserves the right to act upon the person at the origin of the abusive flagging by suspending or suppressing his/her Account if it’s a Talent, or to prevent access to the Website if it’s a User.
The embed function on Videos is meant for a non-commercial and non-abusive use by the User. The User is not allowed to embed a Video to a website or a page on a website that has a commercial purpose of any kind (like an online shop or service provider or a company’s or brand’s website) or to use this function to promote a product, a service, a brand, or a commercial activity. In a case of abusive embed of a Video, TheCreateurs can unilaterally, temporarily or permanently suspend this function on the Video.
In case of breach of the Guidelines Policies, the Website reserves the right to suspend or close the Talent’s Account or to terminate the contract. TheCreateurs is also entitled to take necessary legal proceeding with respect to any action which may obviously trouble the good execution of the Website activity.
3.2 Calls for entries
To stimulate the community of Talents registered on TheCreateurs, the Website, in collaboration with one or several Partners, will have Calls for Entries for Talents, meaning that Talents will be able to submit Videos in accordance with the Brief communicated by TheCreateurs and the Partner(s). The purpose of these Calls for Entries is to encourage and reveal the Talent’s creativity in a context of real freedom of tone and creativity without restraint.
These Calls for Entries will be governed specific conditions that will be communicated to Talents, and their participation to these Calls for Entries will depend on the preliminary acceptance of these conditions. TheCreateurs and the Partners will select one or several Videos for the Call for Entries that will give rise to payment, broadcast and derived exploitation. When one or several Videos are selected by the Partner(s), they will benefit from enhanced visibility on the Website.
3.3. Promoting Talents
Article 4 : Intellectual Copyrights on the Videos
TheCreateurs has been created in order to accompany the Talents at the different steps of their artistic creation by providing a dedicated Internet platform, and for certain Talents, by bringing in a professional link with business partners on the Internet and/or the broadcasting industry. For this reason, TheCreateurs should be entitled to broadcast the Content to the public within its hosting function (Article 4.1) and for their exploitation against remuneration (Article 4.2)
4.1 : Free of charge broadcasting authorisation on the Website
By making their Videos accessible on the Website, either within the Community Space (Article 3.1) and/or Call for Entries, the Talents hereby graciously authorize TheCreateurs to broadcast them on the Website and to make them available equally free of charge to the Users, as from the Website to any territories and on any numerical devices (including via any mobile devices) and for any format and/or adapted version of the Website on any applications for mobile phones for example.
Besides, as long as the Video is hosted, the Talent hereby authorizes TheCreateurs to reproduce and to represent it, as deemed necessary, and to adapt its format accordingly (including the possibility to change the thumbnail of the Video).
In addition, the Talent is informed that because of the intrinsic nature of the Internet, the transferred data, including the Video, are not protected against the risk of misuse and/or piracy, for which the Website would not be held responsible for in any case. Consequently, it is the responsibility of the Talent to take all necessary measures so to protect his data.
4.2 :Exploitation of the Videos
4.2.1 : Option right on the Acquisition Rights
In the perspective of valuing, developing and promoting Talent Videos, TheCreateurs needs to be the legal beneficiary of certain rights regarding the Video pursuant to the following conditions:
In case of exercise of the option, TheCreateurs will be the legal beneficiary of the rights as defined under Articles 4.2.2, 4.2.3 and 4.3 below. The Website will also be entitled to contract with any third party, including with a potential Partner and to retrocede all or part of the rights to any third party of its choice including the potential Partner who as initiated the Call for Entries.
During the duration of the option, TheCreateurs has the right to present the Video of the relevant Talent to any business partner he wants in order to be in the position to evaluate the choice of the laureate within the Call for Entries especially with respect to the potential exploitation of each Video.
4.2.2 : Broadcasting exploitation rights
In case of exercise by TheCreateurs of the option mentioned under Article 4.2.1, the Website acquires, on an exclusive basis, for all territories worldwide, the primary and secondary rights of exploitation, as defined by the custom usages and including in particular all the rights of exploitation by all means and on any audiovisual devices, with respect to the Video and or the derived audiovisual work concerned. It is underlined that in the case of the order of a specific audiovisual or film work derived from the Video, the Website acquires as well all the rights of adaptation and exploitation associated to the Video in the course of the production of the said audiovisual work in accordance with the conditions of use defined by the order.
With respect to the transfer above described, a specific transfer of copyrights agreement will be entered into between the Talent as author of the Video and the Website. This process will cause remuneration according to Article 4.3 below.
4.2.3 :Derived Broadcasting Rights
TheCreateurs keeps a right of first look and last refusal, with respect to any rights reserved, as the case may be, by the Talent (i.e. any rights which would not have been subject to any transfer according to the paragraph above “Broadcasting Exploitation Rights”) including the subsequent rights of broadcasting adaptation (i.e. cinematographic version for an audiovisual work), the rights of merchandising and the rights concerning any new form of exploitation.
In accordance with the first look right, the Talent must offer in priority to TheCreateurs, the transfer of the said rights, according to conditions to be negotiated by common agreement and in good faith. In the case where the parties will not succeed in agreeing within 30 (thirty) days as from the date of the proposal for the transfer of rights by the Talent or the proposal for the acquisition of the rights by TheCreateurs, the Talent as author shall be free to transfer the said rights to any third party, according to financial conditions which cannot be more favorable.
In accordance with last refusal right, the Talent shall be obliged to notify TheCreateurs any proposal for the acquisition of the rights made by a third party. TheCreateurs is given a period of 15 (fifteen) days following the delivery of the offer to match it and to acquire the rights according to the conditions set by the third party. In case of silence or refusal from TheCreateurs, the Talent shall be free to contract with the third party.
4.3 : Remuneration of the Talent as author
4.3.1 :Minimum guaranteed income
If the option is exercised, as described under Article 4.2.1.b above, the Talent shall be paid the initial amount defined within the Call for Entries, as agreed with the Partner. This remuneration constitutes a minimum guaranteed amount, to be deducted upon the future revenues resulting from the exploitation of the Video.
4.3.2 :Proportional Remuneration
Within the exercise of the option defined under Article 4.2.1 above, TheCreateurs directly or indirectly via one of its subsidiary will also pay to the Talent, in accordance with provisions of the Intellectual Property Code, 50% of any revenues (after deduction of the broadcasting and marketing costs) acquired by the Website in connection with the exploitation of the Video / the said audiovisual work, and in accordance with the payment provisions defined in the transfer of rights agreement signed between the parties.
4.4 :Talent’s publicity
TheCreateurs warrants the Talent that his/her name and his/her role will be stated in the credits of the work whatever the exploitation mode is.
In addition, whatever the exploitation mode is for the Video uploaded by the Talent or in the case of any adaptation of this Video, the credits of the primary and/or secondary version of the work, shall mention the participation of TheCreateurs.
Finally, TheCreateurs will be free to present some cuts of the Video for its external communication needs.
Article 5 : Intellectual Property Right of TheCreateurs
All contents of the Website are the exclusive property of TheCreateurs. Consequently, all names, contents (other than the Content of the Talents), graphics, logos, trademarks, designations, features, images and any other elements or software are the exclusive property of TheCreateurs and are protected by the intellectual property rights and subject to applicable laws and regulation.
The content of TheCreateurs cannot at any time, be downloaded, copied, altered, suppress, displayed, sold, licensed, rent, or otherwise exploited for any purpose whatsoever without the prior written consent of TheCreateurs. In addition, the Users of the Website are not allowed to modify, enhance, edit, translate, adapt, decompile, disassemble (in all or part) or create one or several derivative works based upon the content of TheCreateurs, except if this possibility has been expressly granted by TheCreateurs.
Article 6 : Liability
6.1 : Liability of TheCreateurs
TheCreateurs acts as a community platform on which Talents can upload their Videos. The Website offers free of charge the storing of signs, texts, images and sounds or messages of any nature provided by the users of these services. Consequently, TheCreateurs must be considered as a hosting website as defined in the article 6 of the Law.
As a host provider, and according to the article 6.I.7 of the Law, TheCreateurs is under no legal obligation to monitor the contents transmitted via or stored on the Website.
Nevertheless, the Website has established a notification system allowing the Users to flag any Video or any Content which would breach the legislation and/or applicable regulation.
Therefore, the system established by TheCreateurs allows the Users to notify with the button « flag an abuse » (it will be found consistently on the bottom right hand corner of each Video) all inappropriate Content related to the apology of crimes against humanity, incitement to racial hatred, child pornography, incitement to violence and the violation of human dignity. Beyond these legal obligations, the Website wants to be notified through this process of any Content which may infringe copyrights and/or intellectual property rights.
To notify a content that is illicit, the User will have to click on the button “flag an abuse” and fill in the following parts : date of the notification, and if the notifying party is an individual: its last name, first name, profession, home address, nationality, date and place of birth ; if the notifying party is a legal entity, its name and head office ; a description of the litigious facts and their precise localization, the reasons justifying that the content should be removed, including the relevant legal provisions and justifications of the facts.
Lastly, in the case of a notification respecting the conditions described above, TheCreateurs will report the facts to the relevant authorities in case of apology of crimes against humanity, incitement to racial hatred or child pornography.
6.2 : Conditions of access and unavailability of the Website /Data Loss
In principle, the Website is accessible 24/7, from anywhere, as long as the minimal technical requirements are met, including in terms of access to the Internet or to the mobile phone network, and according to the compatibilities of the equipment used, except in the event of a scheduled or unscheduled interruption for maintenance or in the event of force majeure. Because of the worldwide nature of the Internet, the User accepts to be bound by any public policy related to the Internet rules of usage applicable in the country from where he has access to the Website.
Since TheCreateurs is automatically subject to an obligation to use its best endeavors, it shall not be liable for damage of any kind due to the Website being unavailable.
TheCreateurs cannot be, in any manner, held responsible for in case of loss of any data, file or Content uploaded by a User. Considering that the Website is not intended for the saving of videos, it is the Talents’ responsibility to take the necessary measures to keep an original copy of the Videos transmitted to the Website.
Article 7 : Content uploaded online by the Talents
The Talentsare responsible for the Contents they upload online and they undertake that the information published does not violate any legal provisions or applicable regulations, including provisions related to intellectual copyrights.
Therefore, by providing any Content (including a Video for a Talent) on the Website, each Talent shall ensure that the Content or the Video displayed on the Website:
Therefore, by uploading its Video, the Talent warrants to be the authorof itand to have all necessary rights and/or authorizations from the relevant copyright owner(s) and have paid any royalties or other fees pursuant to any licenses or permissions he/she may have with owners of copyright royalty collection organizations.
Consequently, the Talent warrants the Website and the Video Host that no action will be brought against TheCreateurs and/or The Video Host for the non-respect of one of these provisions by the Talent.The Talentholds the Website and the Video Host harmless against any disturbance, legal action, complaint, opposition, claim and eviction instigated by a third party in connection with the Video and against any loss or liability incurred in with respect to the exercise of rights attached to the Video.
Finally, the Video Host reserves the right, as a safety measure, to block access and /or withdraw any Content (especially a Video) that would present and / or has been reported as having a potentially illegal nature and / or being contrary to its own storing terms and conditions, without the Host being required to have any obligation to assess the legality of the disputed content.
Article 8 : Personal details
8.1 :Data collected by the Website
The data collected by the Website and further used by TheCreateurs are only those voluntarily transmitted by the Talent for its registration on the Website and for the creation of its Profile.
The personal details which are systematically collected by the Website during the registration of a Talent are the IP address (the address of the Talent’s computer), the first name, the name, the avatar, the gender, the date of birth, the email address, the town and the country to the exclusion of any other information.
8.2 : Personal details and disclosure by the Website to the CNIL
TheCreateurs website is registered with theThe Commission Nationale de l’Informatique et des Libertés (CNIL) under the number 1397953 in accordance with the Data Processing, Data Files and Individual Liberties Act no. 78-17 of January 6 1978 (“The French Data Protection Act”).
TheCreateurs undertakes to keep confidential the Talent’s personal details collected and not to disclose them to any Partner (in particular in the case of a Talent) or any third party without the Talent’s prior consent.
In accordance with Article 34 of the French Data Protection Act, any Talent can have access to its personal details at any time, and request its correction, updating, or deletion, by sending a simple letter to the webmaster using its contact info (last name, first name, date of birth, etc…) to the following address “TheCreateurs, 4 rue de Lincoln 75008 Paris or by email email@example.com”.
TheCreateurs is required to retain the information needed to identify a Talent in case the Website is compelled to disclose such information to the relevant authorities (and to the exclusion of any other third party) upon judicial request, pursuant to article 6.II of the Law.
8.3 : Information disclosed by the Talent
TheCreateurs is free to use the personal details disclosed by the Talents in order to contact them: if they have won a Call for Entries, if they are among the finalists of a Call for Entries, if they are broadcasting opportunities or if some questions regarding the intellectual property rights of the Video uploaded are raised. In general, the Website undertakes not to use the personal details disclosed by the Talents, in an abusive manner, and commits not to commercialize this data outside the Website.
TheCreateurs cannot be held responsible for the data that the Talent would disclose on its own initiative. TheCreateurs cannot be liable for the consequences the disclosure of these information by the Talent could have with respect to another Talent or any third party.
Article 9 : Promoting TheCreateurs
The Talent accepts that the logo “TheCreateurs” shall appear at the bottom right of all his/her Videos when they are embedded and on the left hand side corner of the Showreel on a discreet and timely manner. Also, the Talent agrees that the logo “TheCreateurs” appears on his/her Video, when it is broadcasted on other websites or other media/or any other support. Finally, the Talent agrees that the logo “TheCreateurs” also appears on the navigation bar on which the Player Video will be broadcasted.
Article 10: Website Security
TheCreateursreserves the right to take any action against any User or third party whose actions of any nature whatsoever, would have for object and / or particular consequences inter alia (i) to affect the integrity of the Website (architecture, structure, arborescence, encoding ...), (ii) to alter, modify, delete, copy, download, exploit, transfer, licensed, rent,make availableall or part of the Website or its contents, or (iii) to limit, interrupt, block, suspend or prohibit access to the Website (in whole or part) without the prior permission of TheCreateurs.
Article 11 : General clauses
11.1 : Duration
Given the possibility of extensions and improvements in the services provided, TheCreateursreserves the right to adapt or modify at any time the scope of the services offered through the Website.The newprovisions will be brought to the attention of the Users on the platform TheCreateurs, via the Newsflash for instance.
11.3 : Nullity
11.4 : Applicable Law/ Jurisdiction