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1.
Overview
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. Releases
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).
4.2 By opening a Kreatifmarket account with
MYNIC, the Contributor hereby agree and accept MYNIC’s Kreatifmarket Privacy
Policy which governs usage of data which includes but not limited to data of
the content(s) submitted, data of the Contributor, data of the Contributor’s
account or any other relevant information in relation to the Contributor. The
Contributor agrees and unequivocally allows MYNIC to collect, process, use,
store or transfer any personal information in relation to or belonging to the
Contributor.
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.
Content
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.
9. Indemnification
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.
10. Miscellaneous