T&Cs for Talents

These Special Conditions govern the use of myCreators Services by Talents and provide information regarding the Services, as presented below.

Whoever creates a Talent Space on the Site, accepts without reservation these Special Conditions.

These Special Conditions are thus applicable for Talents and aim to define the rules for using the site "www.my.webedia-creators.com".

Browsing the site automatically implies full acceptance by any Internet user of the General Conditions of Use of the Site.

The use of the Services by Talents automatically takes full acceptance of the SAMPLEO Personal Data Processing Policy.

1. Definitions

Account : designates the personal Talent account opened on the social network concerned (e.g. Instagram ...)

Special Conditions : designates these specific conditions applicable to Talents using the Site Services.

Content : refers to the creations made by the Talent on his Account as part of a Program

Talent Space : designates the Talent space and environment open within the myCreators accessible after registration

Partner Brand : third-party company presenting an Operation within the myCreators in order to benefit from Talent communication relays

Operation : designates the operation offered by a Brand Partner and as described within the Talent Space

Program : designates the communication program to which and a Talent participates in compliance with the Partner Brand brief, after having applied for the Operation concerned

Service : means the service offered on the myCreators from the Site

Site : refers to the myCreators website accessible from the URL https: //www.my.webedia-creators.com

Talent : here designates an influencer registered on a personal basis on social networks, who earns income or not, and who has chosen to participate in the myCreators by having validly opened its Talent Space.

myCreators : here designates the platform operated by SAMPLEO and allowing the Talent to access the Service from its Talent Space.

2. Description of the Service

The Service is aimed at Talents, who by their status and media exposure, are active enough on their Accounts to animate a community of subscribers and wish to improve their use of said Accounts.

Thus, the Service allows Talents, once connected to their Talent Space, to access:

presentations of Partner Brand Operations

A section of the Talent Space is reserved for proposals for Operations with myCreators partner brands.
The Operation proposal presents the collaboration between Talent and Partner Brand, description of the product to be received or the event to participate in.
If the Operation presented by myCreators interests the Talent, he can submit an application via an "I participate" button.
The profiles of the candidate Talents selected by the Brand will then be enrolled in the Program and will not be able to Read to apply for other programs as long as they have not reached the end of the said Program and this in compliance with the brief set by the Partner Brand.

In the event of paid consideration, a specific contract will be concluded as part of the collaboration.

academic training and advice to develop the audience for their Account

Through its Space, Talent can access online courses on various topics (tools, legal, marketing, etc.). These training courses are available to the Talent and can be consulted at its discretion.
They also include an "evaluation" section at the end of the section to validate that the content offered is understood by the Talent. Talent Web Adademy can reserve the right to privilege for certain Talent Operations having followed all or part of the training offered.

The Service is offered to Talents free of charge in return for compliance with certain conditions described below.

3. myCreators registration request

a. Registration conditions

To be able to apply validly for the myCreators, the Talent must imperatively respect the following conditions:

Be of legal age within the meaning of the law of his country of residence.
Dispose an Instagram Account with a minimum number of subscribers (1500 subscribers minimum in France - figure may vary depending on the country of residence of the Talent).
Have never proceeded or sought to proceed, in any way, to an artificial increase in the number of subscribers to their Account.
Comply with these Special Conditions and expressly accept the Privacy Policy of the myCreators.
Accept that Talent Web Adademy can collect Talent Account data by any means at its disposal for the purpose of statistics and reporting to partner brands.

All of the Accounts Talents are studied by SAMPLEO teams before enrolling at the myCreators.
SAMPLEO reserves the right not to follow up on the registration of a candidate for the myCreators, without having to explain the reason.
By creating a Space on myCreators, Talent guarantees that the information entered for the creation of its account - as well as all that has been completed throughout the life of the account - is accurate, sincere and personal.

b. Registration details

The request for registration by a user for the purpose of opening their Talent Space is made via a dedicated interface of the Site in several stages:

Stage 1: submission of an application. Through an Instragram Connect, the Internet user is invited to choose his favorite photos in his Account and to complete his registration with a contact email address which he must confirm through a contact validation email.
Step 2: each week the “candidate” Accounts are studied by an internal SAMPLEO team which assesses the relevance of the Account to the myCreators.
Step 3: Admitted Talents are invited to complete their “Talent” profile with the following information (Last name, First name, age, center of interest, professional activity, residential address, number of children). Talent is committed to updating them as and when changes occur.

4. Right to use the Services

Services, such as tutorials and academic training tools made available to Talent on the Site, are exclusively and personally available to Talent.

SAMPLEO hereby grants Talent personal, free, non-transferable and non-exclusive authorization to use the Services made available to Talent on the Site. The sole purpose of this authorization is to allow the Talent to use and benefit from the Services provided by SAMPLEO, within the sole framework defined by these Special Conditions.

Talent is not authorized to extract from the Site, nor reproduce them, modify distribute to any public, duplicate, decompile, copy, sell, market or resell these training for any purpose whatsoever, create derivative works, do reverse engineering. >
Talent cannot assign (or sub-license) its rights to use the Service, assign real security over the Service or its rights to use, or assign in any other way all or part of its personal use rights for the Service.

5. Right to use Talent Content

As part of the Service and for each new Program entrusted to the Talent by SAMPLEO, the Talent expressly transfers to SAMPLEO and to the Brand concerned by the Operation, all of its intellectual property rights over the Content produced under the said Program. Thus, by the mere fact of the acceptance by SAMPLEO of the Talent's proposals, made on the basis of indications provided within the Operation, all the intellectual property rights to which the Content may give rise will be transferred to SAMPLEO and to the Brand concerned as and when Content is posted by Talent on its Account.

The assignment relates to the rights of reproduction, representation and adaptation of all or part of the Content produced by the Talent within the framework of the Program, in the form a republication (sharing, repost), on any social network.
The format used will probably be the same as that used by the Talent. However, under the right of adaptation, SAMPLEO and the Brand may freely make any modification or adaptation to the Content that they deem useful for their needs (in particular enlargement, reduction, addition, deletion of any element, modification of colors, repositioning of the elements making up the Content…).
This transfer is granted by Talent on a non-exclusive basis for the whole world, for the duration of intellectual property protection provided for by the legislation in force in each country and without limitation of the number of reproduction and / or representation and / or mode of exploitation.

Talent also authorizes SAMPLEO, outside the Program and under the same conditions as in the previous paragraph, to freely reproduce, represent and adapt the Content and any attribute of its personality as well as of all persons represented in the Contained for the purpose of promoting the Services, in any medium, by any means and whatever process with any public.
Le Talent undertakes not to incorporate within the Contents any object, brand, or creation belonging to a third party to the Operation. Talent must therefore not associate the Brand with third-party products or services.

Thus, Talent s '' undertakes to use for the shots and illustrations of the Content only elements (in particular styling) free of rights or of which he will have acquired the economic rights within the framework of the Brand Program. In any event, the Talent undertakes, in the event that it calls on outside contributors (authors, illustrators, photographers, models, etc.), to negotiate and acquire, at its possible cost, the rights necessary to of the Content under the Program under the conditions set out in the Operation.

In the event that the Talent wishes to have one of its Content removed from the SAMPLEO and / or Brand operating media, it undertakes to expressly and in detail specify (s) Content (s) s) will be concerned by its request by providing the permanent URL of said content. Such a request could not contravene the conditions determined in the Operation with the Brand.

This article will survive the termination or expiration of these Special Conditions for any reason.

6. Guarantees

The Talent guarantees SAMPLEO and the Brand that it will unequivocally identify within its Content the advertising nature of its collaboration with the Program if it meets the cumulative criteria retained by the ARPP within its recommendation “Digital advertising communication”.
Talent expressly declares and guarantees that its Content are entirely original and that they are not encumbered in any capacity whatsoever, partially or totally, directly or indirectly with the rights of third parties who have not given their consent to the use of their rights.

The Talent guarantees SAMPLEO and the Brand against all disturbances, claims, evictions, remedies or actions that could be brought in any capacity and by any third party that that is, due to the exploitation by SAMPLEO and the Brand of the Content ceded.
In the event that counterfeits or acts of unfair competition come to light, the Talent undertakes to provide SAMPLEO and the Brand with its assistance and assistance, in particular before the courts, to identify and guarantee them in the event that SAMPLEO or the Brand would be implicated and to assume all the costs and convictions that may result therefrom.

In the event of a risk of counterfeiting and / or unfair and / or serious parasitic competition identified on any Content by SAMPLEO and / or by the Brand within the Program, the Talent undertakes to delete the Content or significantly change the Content in order to avoid any risk of counterfeiting and / or unfair and / or parasitic competition.
Trademarks, designs and models and generally signs of the Brand that could be used by the Talent in the context of the execution of the Program are and remain the exclusive property of the Brand concerned.

The execution of the Program by the Talent cannot generate, or even confer / give the slightest right, whatever it is with regard to the different brands of SAMPLEO or the Mark for the benefit of the Talent or for the benefit of anyone. Talent is simply authorized to use it exclusively under the terms and conditions set by the Operation.

This article will survive the termination or expiration of these Special Conditions for whatever reason. either.

7. Independence of Talent

SAMPLEO has no administrative control over the Talent and has no hierarchical and disciplinary authority over the Talent.
The use of the Service by a Talent or the participation of a Talent in a Program does not have the effect of creating any bond of subordination between the Talent and SAMPLEO and / or the Mark. Talent use of the Service cannot be interpreted as establishing a de facto company, an agent relationship or any other association or mandate of any kind whatsoever, each remaining individually responsible for its own obligations to terms herein, one cannot bind the other vis-à-vis third parties.
It is up to the Talent, as an independent user, assuming alone the management and the risks linked to the activity of his Account being solely liable for the payment of any fees, taxes and taxes consecutive to the keeping of his Account.

8. Fair Talent and Good Faith Behavior

The Talent guarantees to have carried out the Contents within the framework of the Program in a loyal manner and in good faith.
Talent guarantees that it will not use its participation in a Program to commit, directly or indirectly, any act of corruption.
The Talent agrees to participate in the Program in accordance with the rules of the art of this activity and in particular to provide its know-how, experience and expertise, as well as any equipment and software necessary for the Content. The Talent is solely responsible for the means and methods that it implements within the framework of the present.
The Talent undertakes to create Content consistent with the Brand, the Program and its own community of subscribers to its Account.
Talent will comply with all laws and regulations (and any changes thereto) applicable to use of Services and the provision of Content.
Talent informs SAMPLEO of any difficulty it may encounter in carrying out the Program. In particular, the Talent immediately notifies SAMPLEO by any means ensuring perfect communication of any fact likely to compromise its participation in the Program.
In all circumstances, the Talent must take care to preserve the image and the commercial interests of SAMPLEO and of the Brand and thus not to publish content denigrating, defamatory, offensive or rude, or Content that could be likened to clandestine advertising.

9. Responsibility

The Talent is automatically liable to SAMPLEO and to any third party for damages of any kind that may be caused to them both by itself and by its any attendants or any person they would call upon to assist or execute the Program, damage that may occur both during intervention and after completion of the Program as direct and / or indirect consequences of the very fact of these services.
The Talent declares itself guarantor of all remedies and / or complaints that third parties may exercise against SAMPLEO in the context of the use of the Service by the Talent and undertakes to take its charges all the consequences that may result from the performance of its services.

10. Right of withdrawal of Content by SAMPLEO / the Brand

11. Termination of the Talent Area

12. Confidentiality

Talent is obliged, as regards the content of the provisions of any Operation, as well as the information of the Service of which it may become aware within the framework of its use, whatever the nature of this information in particular on a financial, ethical, economic, technical, commercial level, or that it is declared as confidential by SAMPLEO or the Brand, or because of its personal nature, at:

keep them strictly confidential and refrain from communicating them to anyone, except for the purposes strictly necessary for the proper execution of the Program,
refrain from exploit them, directly or indirectly, or allow their exploitation by a third party under their control, for any purpose other than the proper execution of the Program.

The Talent agrees to return or destroy, according to the instructions of SAMPLEO or of the Brand, all data / information, within a maximum of two days from the receipt of the request.

13. Ownership of Services

The Talent recognizes and accepts that SAMPLEO is the owner of all legal rights, titles and interests, in particular and without limitation, all intellectual property rights relating to the Services or inherent in them (whether these rights have been deposited or not, and in all the places in the world where these rights may exist).
These Special Conditions do not authorize the Talent to use trade names, trade marks, service marks, logos, domain names, or any other distinctive sign of SAMPLEO.
Unless written authorization , the Talent accepts by using the Services not to use any trade mark, service mark, trade name or logo of any company or organization likely to create confusion as for the owner or authorized user of these marks, names or logos.

14. Modification of these Special Conditions

SAMPLEO reserves the right to freely modify the Special Conditions. Consequently, the Talent is invited to refer to it when each connection to the Site in order to take note of their latest version permanently available online on the Site. Talent is then free not to access the Services if the conditions do not suit it.

Talents who do not wish contractual relations to be governed by the new version of the Special Conditions, must notify them and, from the date from which the new version will take effect, they must stop using the Services.

Any modification will take effect immediately and will only apply to Talents using the Services after said. change.

15. Applicable law and competent court

These Special Conditions are subject to French law.

In the event of a dispute which may arise between the Parties concerning the validity, performance or interpretation of the Special Conditions, the Parties undertake to cooperate diligently and in good faith with a view to finding an amicable solution.
If, however, no agreement is reached within three (3) months from the receipt of a letter notifying the other Party of the existence of a dispute, for any dispute, dispute which could arise in the interpretation, the validity or the execution of the Contract, express jurisdiction is attributed to the competent Court of the jurisdiction of the Court of Appeal of Paris, notwithstanding plurality of defendants or call in guarantee, even for the procedures emergency or conservatory procedures, in summary procedure or on request.

The obligation to respect the above deadline does not apply to emergency or conservatory procedures, in summary procedure or on request. For these emergency or conservatory procedures, express jurisdiction is also assigned to the competent court within the jurisdiction of the Paris Court of Appeal.