Terms and Conditions applicable to Creators
These specific terms and conditions for creators (the "STC"), which are governed by French law, set out the specific terms and conditions of your use ("You", "Your", the "Creators" as applicable) of the platform owned and operated by Octoly, accessible at the following URL address: https://www.octoly.com/login (the "Platform").
For the purposes of the STC, unless otherwise noted, all references to "Octoly" will therefore include Videoagency, Octoly Inc. and their affiliates.
To register onto the Platform, You warrant to Octoly that:
- You are at least 13 years old. If You have not reached the age of legal majority in Your state or jurisdiction of residence, You must have obtained parental or guardian consent to create a creator account (the "Creator Account") on the Platform ;
- You are not a past or current employee of Octoly nor You work for any ad or media agency currently in business with Octoly;
- You have at least one youtube account and/or instagram account which focuses on lifestyle, beauty, fashion, travel or fitness, is active and public upon Your subscription to the Platform and which should remain as such during the time of Your subscription to the Platform. An active account cumulatively means:
- For a youtube account: an account which has at least one thousand subscribers upon Your subscription to the Platform, on which You publish at least one video per week during your subscription on the Platform and which hits at least one thousand views per video within thirty days' following the upload of such video;
- For an instagram account : an account which has at least one thousand followers upon Your subscription to the Platform, and where You publish at least five pictures per week during Your subscription to the Platform.
- Octoly reserves the right at any time during Your subscription, and You allow Octoly to do so, to verify that Your instagram and/or youtube account comply with the above-mentioned conditions. In the event where Your instagram and/or youtube account do not or do not longer comply with these conditions, Octoly reserves the right to deactivate and/or to terminate Your Creator Account, followed with a notification email.
- You will not and/or You will not have a third party falsely increase automatically and/or manually views, impressions and/or clicks associated with Your Reviews published on Your instagram and/or youtube account, nor authorize or encourage any third party offering any financial incentive to do the same.
- Upon Your subscription to the STC, You will have access to Your Creator Account enabling You to review products from brands partnering with Octoly. Your Creator Account shall contain all URL links to Reviews that You will have made with regards to such products, and will host such Reviews within Your Creator Account. These evaluations may contain images, drawings, videos, photographs, representing people, animals and / or objects, texts, surnames or pseudonyms, voices of people. ("The reviews")
- You must indicate Your name, age, email address, country, language and product category and You warrant that the information indicated in Your Octoly account are accurate and up to date,
- You acknowledge and agree that You are solely responsible for Your username and password associated with Your Creator Account. Any suspicion of disclosure, whether intentional or not of such username and/or password will be under your sole liability. In no event shall Octoly be liable for any illicit or fraudulent use of Your username and password nor of any tool which is at Your disposal within Your Creator Account.
- You may request from Octoly at any time to terminate Your Creator Account subject to the sending of a prior written notification of at least fifteen days' sent to Octoly (email being sufficient) at the following email address: firstname.lastname@example.org.
- In the event of a breach by You of one of Your obligations as provided hereunder, Octoly may suspend, deactivate and/or terminate Your Creator Account, at its sole discretion, subject to the sending of a notification email.
- You may choose to evaluate products from brands available within the Platform. Upon agreement with the relevant brand for such review, You agree that:
- Product(s) sent by brands are for your personal use only. You cannot sell it/them in any way, nor give or offer them to any third party before having tested them and published a review on Your youtube account and/or instagram account (the "Review");
- You must share a link to Your Review in Your Octoly Creator account within one hour following the posting of the Review on Your youtube account and/or instagram account;
- Your review shall be available in "public mode" for at least thirty days following its publication on your youtube account and/or instagram account.
- By publishing Your Review within the Platform, You expressly agree that all users of the Platform will be allowed to freely view Your Review within or via the Platform as long as it is hosted within Your Creator Account.
- You expressly grant to Octoly the non exclusive worldwide right, for the duration of Your subscription to the Platform, to use Your Review, name, brand and logo for promotional purposes on the Platform, in press releases, online newsletters and marketing presentations, and on Octoly's dedicated social networks (such as twitter, youtube, instagram and facebook).
- You also authorize Octoly Partners to use Your Ratings (including Your name, brand and logo, as well as your image) for promotional purposes on their print and digital communications media (such as social media accounts). Octoly's partners, especially by republishing your evaluations). You agree to a license to use Your Evaluations to Octoly and its Partners for any use and any direct or indirect use of all or part of Your Evaluations, regardless of the mode, including rights of reproduction, representation, adaptation, translation, correction, modification, incorporation within a derivative work, to sublicense to third parties, by any means and in any form known or unknown to date, especially on any digital medium (including social networks , websites, newsletters, etc.). This license is granted for the whole world and for the duration of the protection of the intellectual property rights concerned. With respect to Your image and your name that may appear in Your Evaluations, You authorize Octoly and its Partners to use, reproduce, and represent such images and names for a period of 10 years throughout the world and this in the framework for the promotion by the Partners of the products subject of your Evaluations on their communication media in printed and digital form. In return for this license on Your intellectual property rights, on Your rights to the image and on Your name, You will retain full ownership of the Products delivered to You. Octoly Partners may wish to use, in whole or in part, Your Evaluations as part of their commercial or promotional activities, beyond simply republishing Your Ratings on social networks. In this case, You will be informed that a partner wishes to use all or part of Your Evaluations for his own commercial communication. You will then have the opportunity to oppose such use of your evaluations beyond a simple republication on social networks.
Requirements for Your Reviews
- In compliance with applicable laws, You must include in each Review a clear and conspicuous disclosure that You have received the reviewed product(s) for free by the brand(s) via Octoly. You must do this by including:
- On YouTube:
- at the beginning of the video: a spoken disclosure that is presented in a way that is easy for the viewer to hear and understand—that is, sufficiently slowly, using words that your audience will understand. Please note that if Your video is of more than 10 minutes’ length, the disclosure must be repeated at the end of the video.
- within the about section of such video: a clear and conspicuous disclaimer.
- On Instagram:
- If Your review is a picture: a clear and conspicuous super that is displayed within the first three lines of Your post caption, above the “more” button.
- If Your review is a story: a clear and conspicuous hashtag displayed in each story.
- Sample disclosures can be found within our FAQ section.
- Anything that You say about a product must reflect Your own honest opinions and experience, based on Your actual use of the product. You will let us know if the views You express change, and will takedown Your Review from Your Creator accound and instagram and/or youtube account immediately in such event.
- You shall not make scientific or other performance claims about a product (for example, "it erases wrinkles!" or "it hydrates all day!"). You must focus on what You like or do not like about the product, such as how it made You feel or look personally.
- Your Review of the shall be an original and personal creation.
Octoly's right to Monitor Your Reviews
- Pursuant to applicable laws and available technologies, Octoly may review Your Reviews once uploaded within the Platform to verify their compliance with the STC.
- In the event where Your Reviews fail to comply with the STC, Your Review may not be displayed on the Platform. Furthermore, Octoly may notify You of such failure, and request You to remedy it. Octoly reserves the right to deactivate and/or terminate Your account in such event.
Additional Requirements :
- You acknowledge and agree that:
- Your Review will not mention or show any brand name or logo, including on clothing, other than the brand(s) of the product(s) reviewed;
- Your review will not include or show any children who are not Your own or any adults who do not know and agree for the video to be published by You;
- You and/or Your review will not violate any terms and conditions provided by the platforms on which your video and/or photo is hosted on nor any applicable laws and/or regulations especially any regulations provided for by the FTC nor violate any third party rights (including any rights pertaining to Octoly's partners) or public policy. Consequently, You warrant to Octoly that Your Review, and more generally the content that You are sharing on Your instagram and/or youtube accounts, together with all comments and/or customization made within Your Creator Account, are licit, and in particular do not contain any content which could violate any third party rights, constitute an injury to any person (including defamation, slander, abuse, etc.), encourage violence or hatred against any individual or group, contain sexually explicit or highly suggestive content, encourage drug use or constitute a threat to public order or standards of decency or, more generally, violate any applicable laws.
- You will not accept any present and/or money from any brand on the Platform for Your Review and that You will not contact any brand on the Platform except for testing their product as provided hereunder.
- You agree that in no event shall Octoly be liable for:
- any direct or indirect damage arising from the interruption, or malfunction, whatsoever, related to the suspension or the termination of the Platform, Rewards, for any reason whatsoever, or for any indirect or direct damage resulting from, in any manner whatsoever, logging into the Platform. It is the Creators’ responsibility to take any appropriate measure to ensure the protection of its personal data and/or stored software to its IT equipment from any damage whatsoever. The logging of any Creator to the Platform and its participation to Rewards is made under its sole responsibility.;
- any direct and/or indirect damage incurred by You with regards to Your use of products You have received via the Platform and/or Your Reviews;
- for any third party claims arising from the use, the sampling and/or Review made by You of brands' products.
- In the event of a dispute between You and Octoly resulting from the construction, application and/or performance of the SFC, exclusive jurisdiction shall be granted to the Paris courts (France), notwithstanding multiple defendants or third party claims, even for emergency proceedings and protective procedures, and without regards to any applicable conflict law principle.
Failure to comply with these provisions will result in Your content review and/or Your Creator Account being removed, taken down and/or deactivated without prior notice. In addition, You may be personally liable to specific applicable criminal sanctions (fines and imprisonment), in addition to being ordered to pay damages, where applicable. You undertake to indemnify Octoly from and against a breach by You of the SFC and/or from any third party claim (including from one of Octoly's partner) arising from Your breach of the SFC including any lawyer's expenses.
Last updated on October 1st, 2019