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1.1 By contributing any contents which has been uploaded onto MYNIC Berhad’s Kreatifmarket platform, you hereby agree to grant MYNIC the absolute rights and license to reproduce, prepare derivative works incorporating, publicly display, sub-license, sell, advertise and market any Content(s) uploaded on Kreatifmarket until this Agreement is terminated. The Contributor hereby gives MYNIC the absolute discretion and permission to add, modify and/or remove any information related to the content(s) uploaded on the platform in order to manage and license such content(s).
1.2 The Contributor hereby grants MYNIC the absolute rights to use the Contributor’s name, display name and/or content(s) in connection with MYNIC’s marketing and promotional activities without payment or compensation to the Contributor.
1.3 MYNIC has the absolute rights and discretion to select any content(s) submitted by the Contributor to be uploaded or displayed on the Kreatifmarket platform.
2. Contents Ownership
2.2 The copyrights in all the content(s) shall remain with the copyright owner and nothing in this term and condition shall be construed as a transfer, assignment or a sub-contract to MYNIC by the Contributor.
2.3. By submitting any content(s) to MYNIC, the Contributor allows MYNIC to display and/or upload its registered trademark and /or copyrights of the content(s) submitted so that Customers and/or Kreatifmarket subscribers may use the content(s) in accordance with the Licenses issued by MYNIC.
3.1 For any content(s) submitted by the Contributor that has a model, identifiable face, human figure, depiction of an identifiable person or thing, appearance or any other identifiable attributes, the Contributor is hereby solely responsible to provide MYNIC with all necessary valid and accurate release forms to all of the Content(s) submitted. The Contributor hereby also agrees to indemnify MYNIC for any trademark or rights infringement that may cause any third party to initiate any legal proceedings against MYNIC for the infringement of such content(s).
3.2 The Contributor is solely responsible to retain all original releases and maintain complete and accurate release records. Any submission of false, inaccurate or defective model releases is a material breach of this Terms and Condition and will be subjected to termination by MYNIC at its absolute sole discretion.
To download model
and property release form, please click here.
3.3 The Contributor hereby agree to allow MYNIC or any of its affiliates, assignees or partners to furnish copies of releases to its customers as necessary in order to respond to any potential legal proceedings, to comply with applicable laws or regulations or for any other purposes MYNIC deems reasonably necessary to be released at its sole discretion.
3.4 The Contributor hereby agree that all content(s) submitted for “Editorial” shall depict the subject and accurate titles or keywords. The Contributor also understands and acknowledge that certain “Editorial” content(s) may require an attestation or approval (credentials) from a third party granting the Contributor’s right to record such content(s). The Contributor shall at all material times issue and/or provide to MYNIC all evidence of such credentials upon request.
3.5 The Contributor permit MYNIC and/or its customers to use content(s) designated for Editorial Usage for any non-editorial purposes, manner or capacity at MYNIC’s sole discretion.
4. Contributor Accounts
4.1 The Contributor shall provide true, accurate and complete information relating to their Kreatifmarket contributor account and content(s), including but not limited to information in relation to the date, location and equipment used in connection with the creation of such content(s).
4.3 MYNIC reserves the absolute rights to refuse the Contributor from opening an account, close an existing account or take any necessary measures including legal proceedings in the event it is discovered that the Contributor has committed an act of fraud, infringe any intellectual property rights, violate any third party rights, artificially inflating downloads, submitting material which is deemed to be obscene, violent or defamatory, committed any breach of agreement that the Contributor has entered into with MYNIC or for any failure to comply with MYNIC’s Kreatifmarket guidelines as may be amended by MYNIC from time to time. For the avoidance of doubt, this clause 4.3 is non-exhaustive in nature and MYNIC has the absolute discretion to take any other necessary course of action for any other purposes which has not been stipulated herein.
4.4 Upon any request of account termination by the Contributor, MYNIC shall terminate the Contributor’s account not later than ninety (90) days from the date of MYNIC receiving a formal written request from the Contributor. Any content(s) submitted by the Contributor prior to the termination of the Contributor’s account by MYNIC, shall still be available for license for MYNIC’s Kreatifmarket customers.
4.5 The Contributor is allowed to remove any content(s) from its account at any material time, provided that in any sixty (60) days period, the Contributor removes no more than (i) 100 items of content(s); and (ii) 10% of its Content(s), whichever is greater.
4.6 In the event the Contributor’s account has been or in the midst of being terminated by MYNIC, the Contributor shall obtain a written approval notice from MYNIC prior to establishing another account. The Contributor shall not have more than One (1) contributor account at any given time unless a written consent has been given by MYNIC to the Contributor.
4.7 The Contributor shall not submit any identical content(s) to more than one account at any given time prior to obtaining a written consent from MYNIC.
5.1 MYNIC has the absolute discretion to remove any content(s) belonging to the Contributor from the Kreatifmarket platform if it deems that such content(s) may subject any of its employees, office bearers or directors to any legal proceedings or if it deems the content(s) to be a violation of any terms and condition of this agreement.
5.2 Any license issued for downloaded content(s) by MYNIC to the customer prior to the removal or opted out by the Contributor shall still be valid, in full force and effective.
5.3 MYNIC has the rights to advertise and/or market the Contributor’s content on any social media platform including but not limited to Facebook, Instagram, Tumblr, Twitter and or any similar website or applications related thereto.
6. Usage Restrictions
6.1 MYNIC will not license any content(s) and shall at any material time not be responsible for any content(s) which is used for or in connection with any matters that is deemed pornographic, defamatory, deceptive, libelous, obscene or illegal in nature.
7. Kreatifmarket Trademarks
The term “trademark in this terms and condition shall mean all common law or registered trademarks, logos, service marks, trade names, internet domain names or other indications of origin now or in the future used by MYNIC.
7.1 Nothing in this provision shall be construed as a grant or permission for the Contributor to use any of MYNIC’s trademarks.
7.2 The contributor hereby agree not to use any of MYNIC’s trademark in any manner or assist or encourage any other person or entity to challenge the validity of any MYNIC’s trademark or trademark rights claimed by MYNIC.
7.3 The Contributor shall not use or modify any of MYNIC’s Trademarks the as a domain name, any part of a blog name, social media channel, a metatag, keyword or any other type of programming code or data.
7.4 The Contributor may not use or plagiarize any of MYNIC’s Kreatifmarket platform websites which includes but not limited to headers, custom graphics, button icons, scripts, trade dress and/or trademark or service in whole or in part without the prior written consent from MYNIC.
7.5 The Contributor may not frame or hotlink MYNIC’s Kreatifmarket website to any item of content other than those belonging to the Contributor without the prior written consent of MYNIC.
7.6 Any rights in and to MYNIC’s Trademarks not expressly granted to the Contributor stipulated herein are reserved by MYNIC.
7.7 MYNIC reserve all rights to take any action which it deems commercially reasonable to protect its rights in the content(s).
7.8 The Contributor shall notify and obtain a written consent from MYNIC to take any necessary action in the event it discovers that its content(s) has been misused by any customer or third party.
7.9 MYNIC has no obligation to pursue any legal action against any infringer of any of the contributor’s rights in and to any content(s) downloaded.
8. Representations and Warranties
8.1 The Contributor hereby represent and warrants that:
a. The Contributor has the authority, rights and power to enter into this agreement with MYNIC;
b. The Contributor is a Malaysian of sound mind and under no contractual restriction that may prevent the Contributor from entering into this agreement;
c. The Contributor is at least 18 years of age;
d. The content(s) and all parts thereof are owned by the Contributor, unencumbered and are capable of copyright protection in all countries where copyright or similar protection is available;
e. The content(s) is not obscene or defamatory in nature, does not violate any laws or regulations and does not infringe any rights or copyrights of any third parties;
f. The Contributor holds valid credentials for each item of editorial use only content(s) for which credentials may be required;
g. Any content(s) submitted by the Contributor is not part of any pending legal disputes, suits, claims or any other legal or administrative proceedings which might impair, frustrate or make void the rights granted by you under this terms and condition;
h. The Contributor will not transmit unsolicited emails or engage in any “spamming” to publicize or promote the sale of your content(s) nor will the Contributor advertise or publicize its relationship with MYNIC nor use any of MYNIC’s Trademarks for the purpose of advertising or marketing.
i. In the event the Contributor breaches any of the terms and conditions set out in this Agreement, the Contributor acknowledges that MYNIC has the absolute rights and discretion not to pay any commission, royalty or any other forms of compensation to the Contributor.
8.2 MYNIC represents and warrants that:
a. It has the power and authority to enter into this agreement and fully perform all its obligations stipulated herein; and
b. Upon prior investigation of any claim in regards to the inconsistency of any representation or warranties made by the Contributor, MYNIC may send a written notice of such claim to the Contributor;
c. Pending investigation and determination of such claims, MYNIC may withhold from paying any royalty or compensation due to the Contributor. The Contributor shall provide full cooperation to MYNIC in regards to such claims whatsoever.
The Contributor agree to indemnify and hold MYNIC, its subsidiaries, affiliates, directors, officers, and employees harmless from and against any and all claims, losses, damages, costs and expenses arising out of any breach or claimed of any of its representations or warranties or any of its obligations under the Terms and Condition.