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.