‍Capitalized terms and expressions, whether used in the singular or plural, shall have the meaning given to them below:

“Certificate” means a digital certificate of authenticity issued at the time of the Transaction, implemented into the smart contract of the corresponding NFT and providing in particular for the assignment of the Creator’s intellectual property rights to the Purchaser as well as the conditions of transfer of the NFT and its Certificate by the Purchaser to a subsequent purchaser.

“Content” means any content, data, information, video, image, recording, comment, message, document, secret for distribution with Pok&Play, Creator Content or other content of any kind whatsoever, published, uploaded, posted, sent, shared or communicated by a User on the Platform;

“Creator” means any User who uploads Creator Content to the Platform for the purpose of offering it for sale on the Platform and linking it to an NFT;

“Creator Content” means any Content, whether or not protected by an Intellectual Property Right, posted by the Creator on the Platform, for the purpose of offering it for sale on the Platform. Once the Creator Content is purchased by a Purchaser, the Creator Content is Minted and linked to an NFT by POKMI granting rights on the said NFT to the User;

“Intellectual Property Right” means any registered or unregistered right, including but not limited to patents, patent applications, trademarks, trademark applications, designs, copyrights and related rights;

“Metamask Wallet” means the User’s wallet that allows the User to access PKNs and from which the User can carry out Transactions. The Creator must have a Metamask Wallet in order to receive PKN. The User may have acquired PKNs during the public offering of tokens made between 15 June and 31 July 2021 or may acquire PKNs on secondary markets, crypto-currency exchange platforms (Pancakeswap, Uniswap, MEXC, Bitmart or any other future platform).

“Mint” means registering a data token on a public blockchain so that it becomes immutable, tradable but also searchable and verifiable by anyone;

“Model”: a person who appears as identified or identifiable (Personal Data) and who has Personality Attributes on the Creator Content. The Creator may himself be a Model.

“Non-Fungible Token” or “NFT” means a non-fungible digital token saved in a Smart Contract and linked to a Creator Content, representing one or more rights;

“Partner”: Creator submitting Creator Content exclusively for professional purposes. The Partner must hold a POKMI Pro Account in order to use the Platform. 

“Personal Data” means any information relating to an identified or identifiable natural person (hereinafter referred to as “Data Subject”); an “identifiable natural person” is deemed to be a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

“Personality Attributes” means any image, voice, name, surname, username of the Creator or of any Model of a Creator Content;

“Platform” means the platform operated by POKMI and accessible at www.pokmi.com;

“Platform Fee” means the fee charged for Transactions conducted on the Platform.

These Platform Fees amount to :
– 5% of the amount of the Transaction including VAT, except for specific services (up to 20% Platform Fees),
– 20% of the amount of the Transaction including VAT for Pok&Play service;

“POKEN” or “PKN” means the crypto-currency developed by POKMI and used on the Platform in order to access its Services. Representing a value used as a means of exchange to benefit from the Services, PKNs are digital assets within the meaning of Article L54-101 2° of the French Monetary and Financial Code and do not constitute financial instruments within the meaning of Article L. 211-1 of the same code.

“POKMI Account” means an account created by a User, non Partner, from which they may use the Platform;“POKMI Services” means all the services offered by the Platform and as defined below;

“POKMI Pro Account”: account created by a Partner, from which it can use the Platform;

“Purchaser” means any User who purchases Creator Content on the Platform; 

“Purchase Offer” and “Sale Offer” means a firm proposal to buy or sell NFT made on the Platform;“Smart Contract” means a computer program registered in the blockchain that allows a Transaction to be executed automatically;

“Terms and Conditions” or “Terms” means this document;“Transaction” means the purchase and sale of NFTs directly on the Platform using PKNs. The Transaction is only effective after the transfer from one Metamask Wallet to another of the PKNs required in exchange for the relevant NFT;

“Tips” means to send PKN to Creator for free;

“Transaction” means the purchase and sale of NFTs directly on the Platform using PKNs. The Transaction is only effective after the transfer from one Metamask Wallet to another of the PKNs required in exchange for the relevant NFT;

“User” means any user (i.e., Purchaser, Creator and Viewer) of the Platform creating a POKMI Account;

“Viewer” means any User who views Content on the Platform;

‍POKMI offers its Users various POKMI Services including, in particular: 

– Creating a POKMI Account or a POKMI Pro Account;
– Connecting a Metamask Wallet;
– Publish Creator Content – only for Creators;
– Buying, trading and selling NFTs (Transactions);
– Access and view Content;
– Earn NFTs and PKNs;
– Exercise rights granted to NFTs;
– Follow and/or Communicate with Creators.

POKMI Services are detailed in Sections 5.1, 7 and 8.

POKMI is a Transaction facilitator. 

The Content posted on the Platform is of an erotic and/or pornographic nature and is likely to offend or harm the sensitivity of young people. Consequently, the POKMI Services are strictly limited to persons who are at least 18 years old.

3.1 The Terms define the conditions of use of the Site as well as the relationship between POKMI and the Users.

3.2 Access to or use of the Platform implies full acceptance and compliance with the Terms. The User hereby declares and warrants that they are at least eighteen (18) years of age and have full legal capacity and rights to carry out Transactions on the Platform.

3.3 POKMI reserves the right to modify the Terms subject to notifying the Users via the email address they have provided in their POKMI/POKMI Pro Account and posting any future modification on the Platform at least seven (7) days before the date on which the modifications come into effect. Users will then be free to accept or refuse these new modifications. In the latter case, the User must close their POKMI/POKMI Pro Account under the conditions set out in article 12.

‍4.1 The User acknowledges that prior to purchasing NFT in any manner whatsoever, they have read and understood the Terms all the information specified in article L221-5 of the French Consumer Code.

Accordingly, the following information is provided to the User in a clear and understandable manner:
‍
– the essential features of NFTs; 
– the price of the NFTs and the related fees, in particular the Platform Fees;
– if a Transaction is not executed immediately, the date or the deadline by which POKMI shall execute the Transactions;
– information relating to the identity of POKMI, its postal address, email address and telephone number and its activities;
– information regarding the legal guarantees, the features of the digital content and, where applicable, its interoperability, the existence and the terms of implementation of guarantees and other contractual conditions.

4.2 POKMI shall provide the User with the following information:

– its name or corporate name, the geographical address of its place of business and, if different, that of its registered office, its telephone number and its email address as they appear in particular in its Legal Notice;
– the terms of payment, delivery and execution of the Transactions, as well as the terms provided by POKMI for the handling of complaints;
– in the event of a sale, the existence and conditions of exercise of the legal guarantee of conformity provided for in Articles L. 217-1 et seq. of the French Consumer Code, the guarantee against hidden defects provided for in Articles 1641 et seq. of the French Civil Code, as well as, where applicable, the commercial guarantee and after-sales service referred to in Articles L. 217-15 and L. 217-17 of the French Consumer Code;

4.3 With respect to digital content, POKMI shall indicate:

– any relevant interoperability of this content with specific hardware or software of which POKMI has or should reasonably be aware.

5.1 Creation of a POKMI/POKMI Pro Account and use of the Platform 

5.1.1 For Users

In order to access and use the Services, the User must create a POKMI Account or a POKMI Pro Account if he is a professional by providing a valid email address, choose a username and a password. The User shall remain solely responsible for their login information, which the User shall keep confidential and secure. The User shall provide truthful and complete information and shall not create multiple POKMI/ POKMI Pro Accounts. Only the User’s username will be visible on the Site to other Users and to the VIP. 

POKMI has implemented a service that allows verification of the User’s age in accordance with the rights of individuals and in compliance with the provisions relating to the protection of personal data (see Article 14 and GDPR Policy). 

Any User with a POKMI / POKMI Pro Account may access the following POKMI Services:
– connect the POKMI / POKMI Pro Account to a Metamask Wallet;
– create, modify, update or delete their POKMI / POKMI Pro Account;
– view the “Hellos”;
– visit the pages of Creators;
– follow Creators and send Tips;
– access the NFT presentation page;
– search and access the Top Creators pages;
– Request support assistance;
– Access the community features of “The Poken Company”;
– Share links to NFTs,react to the viewing of Hellos and NFT with emojis.

Any User with a Metamask Wallet can buy, store and sell NFTs and access other POKMI Services defined in Section 8.

However, Users may access certain Content for viewing only without a POKMI/POKMI Pro Account.

5.1.2 For Creators

In order for a Creator to create an POKMI / POKMI Pro Account, a higher level of security is required. For this purpose, POKMI uses a service provided by the company GetID (Maakri 19/1, 30th floor, 10145 Tallinn, Estonia). In order for the Partner to create a POKMI Pro Account, POKMI uses the indueD services (Altares D&B, Campus Equilibre, Bâtiment le Yard, 52/58 avenue Jean Jaurès 92700 Colombes, France). Any new Creator wishing to create a POKMI Account must satisfy the identification requirements imposed by the GetID service. The Creator must also have a Metamask Wallet in order to receive PKNs.

Creators have access to the following POKMI Services:

– Create a POKMI / POKMI Pro Account after identification via GetID;
– Connect a Metamask Wallet;
– Creation, modification, update or deletion of the Creator page;
– Referral of Creators;
– Creation of NFTs with the possible integration of secret content that can be activated in Pok&Play;
– Creation of Hellos;
– Accept an offer to buy NFTs, accept Tips;
– Set a number of PKNs for immediate sale (“Flash Sell”);
– Chat with Users (in group or secret);
– Request support assistance;
– Unpublish a Content;
– Delete their User Account.

It is also possible for a Creator to promote a NFT to Users in return for PKNs sent directly to the Users’ Metamask Wallet (advertising with return).

5.2 User’s obligations

The User shall: 

i. use the Platform and Services in accordance with the Terms; 

The User shall not publish, upload, transmit or make available on the Platform any Content that is defamatory, injurious, obscene, pedopornographic, vulgar, offensive, aggressive, inappropriate, violent, threatening, harassing, racist, xenophobic, inciting violence, discrimination or hatred encouraging activities or the use of illegal substances or, more generally, contrary to the purposes of the Platform and not in conformity with the Distribution Rules, of such a nature as to infringe the rights of POKMI or of a third party and shall refrain from using the Platform and its Services to carry out illicit and/or fraudulent operations;

iv. comply with the applicable laws and regulations; 

v. not create a new POKMI / POKMI Pro Account in the event that POKMI deletes the User’s POKMI / POKMI Pro Account as a result of the User’s failure to comply with the Terms.  

The User acknowledges that they are solely responsible for the Content that they publish, upload, transmit or make available to Users as well as for any document or information that they transmit to Users.

In the event that the User fails to comply with the Terms, POKMI reserves the right to suspend or exclude the User without prejudice to any claims for damages that POKMI or a third party may have.

In order to be able to access the service of offering for sale Creator Content made available on the Platform, the Creator shall also comply with the obligations and commitments set forth below.

6.1 Obligations of the Creator regarding the publication of Creator Content

The Creator shall:

i. ensure that any Creator Content that they uploaded on the Platform for the purpose of offering it for sale is of an exclusive nature. Accordingly, any Creator Content uploaded by a Creator must be original and must not have been disclosed to any third party. Furthermore, once the Creator Content has been uploaded, the Creator shall refrain from (a) directly or indirectly using the Creator Content in any way whatsoever other than on the Platform and (b) creating any content similar to the Creator Content for the purpose of directly or indirectly using it in any way whatsoever; 

ii. only upload to the Platform Creator Content for which they hold all rights; 

iii. remove any Creator Content uploaded if they no longer have the rights required under the Terms; 

iv. not upload on the Platform any Creator Content likely to contain words, scenes, images or content that is defamatory, insulting, pedopornographic, violent, racist, xenophobic, inciting violence, discrimination or hatred, encouraging activities or the use of illegal substances or, more generally, contrary to the purposes of the Platform and not in conformity with the Distribution Rules, or of such a nature as to infringe the rights of POKMI or of a third party; 

v. The Creator shall not infringe the Intellectual Property Rights and the image of POKMI or of third parties or the Personality Attributes particularly the Models. 

When uploading any Creator Content via their POKMI / POKMI Pro Account for the purpose of publication on the Platform, Creators must confirm that they accept the Terms by means of a checkbox.

The Creator shall be solely responsible for any Creator Content uploaded on the Platform.

In this respect, it is up to the Partners to take all necessary measures so that the rights of the Models are respected. POKMI reserves the right to investigate any request for the creation of a POKMI Pro Account and the uploading of Content by Partners by verifying in particular with the Models that their rights are respected. POKMI reserves the right to inform the authorities in the event of suspicion of illegal activity and will collaborate with these same authorities if necessary.

6.2 Rights on the Creator Content

The rights to the Creator Content shall remain the property of the Creator who has uploaded it, subject to the provisions set forth below in Sections 6.3 and 6.4.

The Creator may delete at any time any Creator Content that has not yet been minted. Once minted, the Creator may unpublish the NFT from their POKMI Account.

The Creator acknowledges and accepts that POKMI may keep on its servers copies of the Creator Content that has been unpublished from the Creator’s POKMI Account.

The Creator expressly acknowledges that the Creator is solely responsible for exercising the right to withdraw Creator Content with respect to the Purchaser of an NFT, or its sub-purchasers. The Platform, and more broadly POKMI, shall not be under any duty or obligation to the Creator in this regard. 

6.3 License granted to the Platform on the Creator Content.

The Creator grants POKMI a license to use the Creator Content and the Personality Attributes pursuant to which POKMI is authorized to: 
– use, reproduce, display, modify and adapt the Creator Content in order to enable the Platform to perform the Services; 
– use, reproduce, display, modify and adapt the Creator Content for the purposes of promoting the Platform, its Services and, more broadly, the services offered by POKMI, including once the Creator Content has been purchased by a Purchaser; 
– use, reproduce, display the Personality Attributes Content in order to enable the Platform to perform the Services;
– use, reproduce and display the Personality Attributes for the purposes of promoting the Platform, its Services and more broadly the services offered by POKMI, including once the Creator Content has been purchased by a Purchaser; 
– Mint one or more NFTs associated with the Creator Content and transfer it into the portfolio of the Purchaser in the form of an NFT; 

This license is granted by the Creator to POKMI on the Creator Content and the Personality Attributes on a worldwide and royalty-free basis for the entire legal duration of the intellectual property rights, in application of both French and foreign legislation and current or future laws and regulations, including any extensions that may be made to this duration.

6.4 Assignment of exploitation rights granted to Purchasers on Creator Content linked to an NFT

The Content Creator acknowledges that any sale to a Purchaser of Creator Content linked to a NFT implies that the Creator transfers to the Purchaser, on an exclusive basis, all rights pertaining to the Creator Content, in order to allow the Purchaser to reproduce, display, distribute, sell or otherwise use the NFT as well as the exploitation rights pertaining to the Creator Content to which the NFT is linked. 

The assignment of exploitation rights granted to the Purchasers on the Content shall only be effective once the Transaction is completed.

Thus, a Certificate is issued from the Creator to the Purchaser upon completion of a Transaction. This Certificate provides, in particular, the terms and conditions under which the Creator’s intellectual property rights will be assigned to the Purchaser, as well as the terms and conditions under which said Certificate will be transferred, along with the corresponding NFT, by the Purchaser to any subsequent purchaser.  

Without prejudice to the foregoing, the terms and conditions of the Certificate relating to the assignment of the Creator’s intellectual property rights to the benefit of the Purchaser of Creator Content linked to an NFT may be adjusted according to the features provided by the Platform.

When creating a POKMI Account, the Creator will be asked to accept the Certificate. Thereafter, each time a Creator Content is uploaded on the Platform, the Creator shall confirm that they accept the Certificate, to which they will be expressly referred via a link, by means of a checkbox.

6.5 Guarantees relating to the Creator Content

The Creator declares and warrants that they:
i. hold all intellectual property rights pertaining to the Creator Content and the Personality Attributes particularly the Models; 
ii. have completed all necessary formalities and, where applicable, obtained all necessary authorizations to be able to upload the Creator Content, mint it, make it available on the Platform;
iii. have full power and capacity to grant the license provided for in article 6.3 and to authorize POKMI to reproduce and display the Creator Content on the Platform as well as to mint the Creator Content; 
iv. have not introduced into the Creator Content any element likely to prevent or interfere with the enjoyment of the Creator Content by POKMI, its Purchaser or its sub-Purchasers. 

The Creator shall be personally liable both to POKMI and to the Purchasers or third parties in the event of non-compliance with this obligation and shall hold POKMI harmless against any claim of any nature whatsoever relating to Creator Content, in particular against any claim of any kind whatsoever, for infringement of intellectual property rights, for violation of a right to one’s image or, more generally, against any action relating to an infringement of a third party’s right.

7.1 Rules applicable to the purchase of NFTs 

The User can purchase NFTs through the Platform by transferring PKNs to the Metamask Wallet of a Creator.

Each NFT will include a description of the rights represented in the Smart Contract. The Creator determines at its own discretion the number of PKN they wish to obtain in exchange for the NFT they wish to sell.

The Creator can either let Users bid and accept the highest bidder’s PKN offer, or set a certain number of PKN for immediate sale (“Flash Sell”).

If a User intends to purchase NFTs, that User must ensure that they have a sufficient number of PKNs in their Metamask Wallet. No PKN credits will be issued. 

Upon receipt of the PKNs in exchange for the NFT, the said NFT will be automatically transferred to the Purchaser’s POKMI / POKMI Pro Account.

The User acknowledges and accepts that due to the digital nature of the Services, the right of withdrawal provided for in article L221-18 and following of the French Consumer Code is not applicable.

Claims for refund will be handled on a case by case basis by the customer support accessible at the following e-mail address: support@thepokencompany.com for Users, creators@thepokencompany.com for Creators.

7.2 Rights granted to Purchasers on the NFT and on the Creator Content 

7.2.1 Rights granted to Purchasers on the NFT 

Upon completion of the Transaction, the NFT Purchaser obtains a Certificate for the Creator Content to which it is linked. As a result, the NFT Purchaser may access and exploit the Creator Content in compliance with the provisions of the Certificate. The Purchaser may also, subject to compliance with the resale right granted to the Creator, which creates a right for Creator to receive royalties from the Purchaser and then from each subsequent purchaser each time the NFT is resold, transfer or resell the NFT to a third party, on any platform applying the EIP 2981 standard. 

7.2.2 Rights granted to Purchasers on the Creator Content

The Creator Content linked to the NFT may be subject to Intellectual Property Rights or Personality Attribute Rights. 

Once the Transaction is completed, the assignment of the Intellectual Property Rights is made from the Creator to the Purchaser by means of the Certificate implemented into the Smart Contract. 

The Purchaser’s prerogatives that are transferred by the Creator are governed by the Certificate. Under the terms of this Certificate, the Purchaser may, in particular, use the Intellectual Property Rights pertaining to the Creator Content for commercial or non-commercial purposes, subject to the payment to the Creator of a proportional compensation based on the results of the use of the rights relating to the Creator Content. 

The ownership of the NFT by the Purchaser shall constitute acceptance of the terms and conditions provided for in the Certificate.

Notwithstanding the provisions set forth in the Certificate, the Acquirer acknowledges and accepts that POKMI may continue to use, reproduce, display, modify and adapt the Creator Content for the purposes of promoting the Platform, its Services and, more broadly, the services offered by POKMI, even once the NFT has been purchased by the Purchaser. As such, the license granted by the Creator to POKMI under the terms of article 6.3 shall survive any Transaction, with the Purchaser taking the place of the Creator.

In addition to the POKMI Services for Users listed in Section 5.1.1, Users with a Metamask Wallet will be able to carry out Transactions and benefit from the following Services under the reserve of eventual conditions and/or specific modalities :

• access to PKN exchange platforms for other digital assets (Uniswap, PancakeSwap…);
• receive additional PKNs thanks to the “pooling” feature. The “pooling” feature consists for the User to receive additional PKN in compensation for the storing of its own PKN in a dedicated “pooling” space in performance of a smart contract;
• Refer Creators and receive PKN for the selling of NFT, Pok&Play and Tips tanks to the “Referral” feature. Referral is a feature reserved to Creators which allows to refer upcoming creators. The Creator will receive a percentage of the Platform Fees through the selling the NFT and the Pok&Play and Tips features during the first six months of the Referral and within the limit of 500 Creators;
• Store PKN thanks to the “staking” features. The “staking” feature consists for the User to store PKN in a dedicated “staking” space in performance of a smart contract. The staking can give access to additional features (such as “premium” or receive NFT);
• access to PKN exchange platforms for other digital assets (Uniswap, PancakeSwap…);
• receive additional PKNs thanks to the “staking” features;
• make NFT purchase offers;
• access the Group Chat. Each User can access to the Group Chat of a Creator from whom he acquired NFT.  The Users with using the staking feature have access to the Group Chat of all Creators;;
• send “secret” messages to Creators in exchange for sending PKN;
• rent or offer to rent Creator Content to other Users (“Pok&Play”). This service excludes any transfer of intellectual property rights to the Viewer;
• receive PKN from a Creator in return for viewing Creator Content (advertising with return). This service excludes any transfer of intellectual property rights to the Viewer;
• transfer their Metamask Wallet to another POKMI Account.

The staking feature consists of the User receiving additional PKNs in exchange for keeping their PKNs in a specific pool that is subject to a Smart Contract. Pools are accessible on the PKN exchange platforms on which the PKN is listed. The additional PKN consideration will be 1:1 or any other value defined by POKMI.

Thanks to their Metamask Wallet which allows them to sign transactions with a master key (“Seed Phrase”), Users can sign a mandate called “Allowance” in order to authorize a third-party digital wallet to carry out transactions on their behalf.The User therefore signs an Allowance for the benefit of POKMI so that the latter may proceed with the transfers of PKN and/or NFT carried out as part of the Transactions.

‍Each Creator page will have a discussion forum. Creators and PKN-holding Users may exchange messages via this forum. The Creator shall moderate this forum in accordance with their obligations under Section 6.1 and in particular in accordance with the Distribution Rules.

Users shall comply with the principles of publication set out in Article 5.2 and shall not publish on this forum:
‍
– messages or information of an advertising nature;
– spam or content spreading viruses or malicious computer programs;
– mass messages of any other type;
– messages with content that is contrary to public policy or to accepted principles of morality, inappropriate, insulting, defamatory or otherwise considered incompatible with the Terms and the interests of Users;
– messages of an illicit nature or otherwise attempting to harm other Users and/or the Platform;
– messages that may be qualified as harassment of any kind whatsoever.

POKMI may delete any content and exclude any User who fails to comply with the aforementioned conditions.

POKMI shall ensure that the Platform and the POKMI Services are made available to Users in accordance with the Terms. However, POKMI cannot exclude possible errors and malfunctions of the Platform which it shall fix as soon as possible.

The User acknowledges and accepts that POKMI may be required to respond to a court order or requests for information from competent judicial or government authorities and, in this respect, may disclose information relating to the Users and the Transactions.

POKMI may, at any time, create new POKMI Services and/or special offers relating to existing or future POKMI Services, as well as contests, games or promotions to promote third-party goods or services. Specific conditions relating to offers, competitions, games or promotions shall be provided on the Platform. 

POKMI may at any time terminate or suspend or assign to third parties the operation of the Platform, subject to notifying the Users thereof, giving thirty (30) days’ notice. In the event of termination of the Services, POKMI shall inform the Users as soon as possible, and shall then proceed to delete the accounts in compliance with the legal archiving and storage periods.

POKMI is subject to an obligation of means to make the Platform and the POKMI Services available.

POKMI shall only be liable in the event of proven fault or negligence and shall be limited to direct damages to the exclusion of any indirect damages of any kind (such as loss of profit, loss of opportunity, expected benefits, reputational damage). 

Furthermore, POKMI shall not be held liable in the following cases:
– interruptions, disruptions, modifications and malfunctions of the Platform or of the POKMI Service(s), whatever the communication medium used and whatever the origin and source;
– the loss of data or information stored by POKMI. Users are responsible for taking all necessary precautions to preserve the Content that they publish on the Platform; Platform temporarily unavailable due to technical problems, regardless of their origin or source;
– direct or indirect damage caused to the User, whatever its nature, resulting from access, management, use, operation, malfunction and/or interruption of the Platform or one or more Services; 
– abnormal or illicit use of the Platform or of one or more POKMI Services by any User; computer attack or hacking, temporary or permanent loss or restriction, for whatever reason, of access to the Internet network.

Finally, POKMI does not control or direct the execution by the Creator and/or the Purchaser of the Transaction and its consequences. Thus, POKMI shall not be held responsible in the event of a breach by the Creator or the Purchaser of any obligation whatsoever as part of the performance of the assignment of rights agreement implemented in the Smart Contract linked to the Transaction. In this respect, POKMI shall not bear any liability whatsoever in the event of lack of conformity or delivery or delay in delivery of any material goods whose rights may be transferred in the context of a Transaction. 

Each User is solely responsible for any damage caused to any other User as a result of the use of the Platform and/or the execution of a Transaction and its consequences or, more generally, to any third party as a result of the use of the Platform and the Services and the consequences of any claims or actions that may arise therefrom. The User also waives the right to any recourse against POKMI in the event of legal proceedings instituted by another User due to the improper execution or failure to execute a Transaction or by a User or a third party against the User due to the illicit use of the Platform or of one or more of the Services, as well as in the event of the loss by a User of their password or in the event of usurpation of their identity.

POKMI holds all the rights, titles and interests relating to the Site and the Platform and in particular the intellectual property rights (in particular on the layout and design of the Platform, on the software used by and for the Platform, on the brands and domain names used in connection with the Platform, etc.).

The Terms do not give the User any intellectual property rights over the Platform and the POKMI Services as well as over the trademarks, original creations and other elements of POKMI likely to be protected by intellectual property rights, which remain the full and exclusive property of POKMI. 

Consequently, the User shall not reproduce permanently or temporarily the Platform or POKMI Services in whole or in part, or any element derived therefrom, by any means and in any form, including when loading, displaying or performing the POKMI Services. 

The User shall not translate, adapt, arrange or modify the Platform or the POKMI Services, export them or merge them with others.

POKMI has no control over the content of third-party sites. The existence of a hypertext link between the Platform and a third-party site in no way signifies control of the content of the third-party site by POKMI.

Each User of the Platform shall take all appropriate measures to prevent their own data and/or software from being infected by any viruses circulating on the Internet. In this respect, the Users of the Platform shall not damage the Platform or misuse it by intentionally introducing viruses, Trojan horses, worms, logic bombs and other malicious or technologically harmful devices.

The Terms shall be effective as of the date of their acceptance by the User and shall remain valid for an indefinite period of time. The User may terminate the Terms upon giving one month’s notice in order to proceed with the closure of the POKMI / POKMI Pro Account.

At the end of this period, the User must have cleared their POKMI / POKMI Pro Account. Failing this, POKMI shall sell the PKNs present in the POKMI / POKMI Pro Account at their market value on the effective date of the termination. This balance will be transferred to the User’s bank account.

POKMI and/or the User may also terminate the Terms in the event of:
– a material breach by the other party of any of its substantive obligations which has not been remedied for a period of fifteen (15) days as of receipt of a letter of formal notice sent by registered letter with acknowledgement of receipt or by extrajudicial act and which has had no effect;
– force majeure, under the conditions set out in Section 18.

In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, POKMI sets up personal data processing for the purpose of carrying out the POKMI Services on the Platform.
The rights and obligations of Users and POKMI with regard to the protection of personal data are defined in the GDPR Policy of POKMI.

The Terms shall be governed by, construed and enforced in accordance with the laws of France. In the event of a dispute arising in connection with the performance, termination or interpretation of the Terms, the parties shall strive to settle their dispute amicably. In such case, the User shall send their complaint to the following e-mail address: support@thepokencompany.com for Users, creators@thepokencompany.com for Creators, in order to request an amicable settlement.

The User,  non Partner, also has the right to request the resolution of his dispute through the dedicated platform accessible via the following e-mail address: 
http://ec.europa.eu/consumers/odr/. 

If the parties fail to reach an amicable agreement, the User,  non Partner, may refer the matter free of charge to the consumer mediator, i.e., the Association des Médiateurs Européens (AME CONSO), within a period of one year from the date of receipt of the written complaint.The referral to the consumer mediator must be made:
– either by filling in the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com ;
– or by mail addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS. 

Failing amicable agreement, any dispute between a Partner and POKMI shall be subject to the exclusive jurisdiction of the courts of Paris.

By using this Site, the User accepts that communication with POKMI will be carried out mainly by electronic means and in particular by e-mail or by posting notices on the Platform.

POKMI reserves the right to assign, subcontract or transfer all or part of the Terms.

A party’s failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.

If any provision of the Terms is held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, this will not affect the validity or enforceability of any remaining provision.