Influencer terms of use

These General Terms of Use (hereinafter referred to as the”CGU”) govern your browsing on the website Yoo.paris and your use of the YOO platform offered on this site as a Creator.

YOO services are offered by WOO, a simplified joint stock company registered in the Trade and Companies Register under the number SIREN 814 542 288, whose head office is located 11, avenue Parmentier in Paris (75011).

Therefore, these T&Cs constitute a contract between you and WOO.

By browsing the site and using one or other of the platforms, you are deemed to unreservedly accept the CGU, and you will in no way be able to rely on any lack of knowledge or acceptance of them.

You are also required to explicitly confirm your unreserved acceptance of the Terms of Use at the time of registering on the Platform.

NB: If you want to use the platform as a representative of a brand, these T&Cs do not apply to your situation. Please register by following the dedicated registration path, available at the following address: https://yoo.paris/cgv‍

PART 1: DEFINITIONS, NAVIGATION, REGISTRATION

1. Definitions

Within these CGU, the terms and expressions below will have the following definitions:

“Brief”: the invitation to participate in a specific Advertising Campaign, addressed to the Creator by a Brand on behalf of this Brand, containing all the specifications to be respected as part of this Advertising Campaign,
“Advertising campaign” or “Campaign”: any marketing operation organized at the initiative of a Brand via YOO, or through the transmission of a Brief to Creators selected in accordance with Article 1 of Part 2 below, in order to promote products, services and/or the image of this Brand (or, in the case of agencies and other intermediaries, of its own customers).
“Influence campaign”: publication of Content without preview and validation by the Content Brand
“UGC campaign” : mandatory validation by the Brand with preview sent
“Candidate”: anyone who has registered for the Campaign but has not or has not yet been selected.
“Conditions of participation”: the rules that all Candidates must comply with in order to participate in the Campaign.
“Personal account”: the right of access for each Creator, materialized by a personal space on YOO
“Contents”: any content published by a Creator on any social network regardless of the nature of this content (text, image, video, etc.).
“Advertising content”: content created and/or selected by the Brand (or a third party on behalf of this Brand), in order to be published and relayed by the Creator as part of an Advertising Campaign.
“Creator”: any visitor who has registered on YOO as an influencer, in their own name. For the sake of clarity, it is expressly emphasized that the Creator is a Visitor within the meaning of these T&Cs.
“Endowment”: the package sent by the Brand to the Participant by post, containing a set of products that are the subject of the Campaign.
“Identifiers”: the means of access to YOO specific to each User.
“Guests”: individuals external or internal to the Platform who have received the invitation link from a Candidate, Brand or WOO inviting them to join the Platform or participate in the Campaign.
“Brand”: the brand and/or brand client of YOO wishing to promote their products, services and/or brand image (or, in the case of agencies and other intermediaries, the products, services and/or brand image of their own customers) through advertising campaigns.
“Participant”: any Candidate who has been selected to participate in the Advertising Campaign.
“Platform” or “YOO Platform”: the intermediation platform offered and managed by YOO accessible to Creators via link: https://app.yoo.paris/signup/creator
“Social networks”: social networks and other websites or applications, as specified in the Brief, on which Creators and/or Participants must publish Content as part of an Advertising Campaign.
“Site”: this website, namely all the pages and content accessible under the domain name yoo.paris.
“Visitor”: any natural person accessing the Site and consulting the pages and contents of the Site
“YOO”: WOO, a simplified joint stock company registered in the Trade and Companies Register under the number SIREN 814 542 288, whose head office is located at 11, Avenue Parmentier 75011 Paris, which publishes, offers and manages the Website and the Platforms.

All of the above terms and expressions can be used both in the singular and in the plural.

2. Purpose of the Platform

The Platform is designed, offered and managed by YOO, and aims to allow Creators to contribute to Advertising Campaigns initiated by Brands by publishing Content relating to the products, services, activities and/or events of these Brands on various Social Networks, subject to their registration and acceptance of the T&Cs.

By registering on the Platform, the Creator thus has a tool to put his visibility on the Internet at the service of Brands, and, if necessary, obtain an Endowment from the Brand (according to the conditions set, on a case-by-case basis, in the Brief of the Advertising Campaign concerned).

To do this, the Creator is invited to fill in a certain amount of information about his personal profile, his interests and his activity on the Internet and social networks. Depending on the relevance of this information, the Creator may receive Briefs sent to him by the Brand concerned or by YOO on behalf of the latter, inviting him to participate in Advertising Campaigns, under the conditions described in Article 1 of Part 2 below.

It is specified that YOO only acts in this context as an intermediary of the Brands and supplier of a technical solution. Once accepted by the Creator and the Brand concerned, the Brief constitutes a contract between these two parties for the Creator's participation in the relevant Advertising Campaign, a contract to which YOO is, for its part, in no way a party.

3. Site navigation

The Site is publicly accessible for browsing, for any Visitor with an Internet connection, without age conditions and free of charge (except for Internet connection costs, which will in any case remain the responsibility of the Visitor).

4. Access to platforms, registration and application

Access to the Platform is reserved for any Candidate (and in addition to Brand representatives), according to a separate registration procedure, accessible at the following address: https://yoo.paris/marque.

Visitors who wish to access the Platform as a Candidate must therefore first register, either by themselves or through a duly authorized representative, using the registration form available at the following address: https://app.yoo.paris/signup/creator

Registration and access to the Platform as well as its use are reserved for Visitors who are over eighteen (18) years of age on the date of their registration.

The Creator guarantees that the information entered during registration is accurate and relates to his own person, even if it was not entered by the Creator himself. The use of the Personal Account is in fact strictly personal and cannot be assigned, rented, delegated or otherwise transferred in whole or in part to any third party, with the exception of a representative duly authorized by the Creator (in which case the Creator undertakes to keep a written copy of this mandate available to YOO, and to provide it to YOO at first request) or a legal representative of the Creator if the Creator is under the age of eighteen (18).) years.

The Creator undertakes to update and correct the information linked to his Personal Account when it is no longer accurate due to, for example, a change in the Creator's personal or professional situation.

The Creator acknowledges and accepts that YOO teams are authorized to access his Personal Account and to intervene in the event of technical difficulties or the need for assistance. However, this access can only take place after obtaining the prior and express authorization of the Creator.

Any failure to comply with the above, and more generally with the Creator's obligations set out in the Terms of Use, may justify the suspension without notice of the Personal Account, or even its deletion under the conditions described in Article 6.2 of Part 3 below.

PART 2: RUNNING THE CAMPAIGNS

1. Campaign flow

a) Recruiting

By registering on the Platform, the Creator shows his availability to receive Briefs from Brands and thus participate in Advertising Campaigns.

To do this, he fills out a “creator profile” including various information including at least one or more links to his various accounts and pages on Social Networks.

The selection of Creators authorized to participate in an Advertising Campaign takes place in three steps, described below.

1st stage

(i) Invitation: the Creator is directly invited by the Brand or another Creator to participate in a Campaign. The Creator can accept or refuse. In case of acceptance, it goes to the Pre-selection stage.

(i) ** Pre-selection:

A first selection of Creators invited to participate in an Advertising Campaign is made in consideration of the relevance of the profile of each Creator to the object of the Advertising Campaign concerned.

To do this, the Platform uses YOO's proprietary algorithms and methods, which make it possible to select the most relevant Creator (s) to ensure the success of the Advertising Campaign.

The criteria taken into account to assess relevance may include (without this list being in any way exhaustive or engaging YOO or the Brand to take into account all or part of these criteria in each case) the object of the Advertising Campaign, the general objective aimed at by the Brand, the Social Network concerned, or even the centers of interests of the Creator as indicated by the Creator in his profile on the Platform, the level of quality and the indicators of visibility and the commitment of the Creator's previous publications on this Social Network ( number of views, reactions, comments, shares, etc.).

It is understood that even without being invited directly, Creators can consult open campaigns on their dashboard and submit their application to participate in them.

2nd stage

(ii) Confirmation by the Creator:

The Creator is under no obligation to agree to participate in any Advertising Campaign. Conversely, any refusal by the Creator to participate in an Advertising Campaign, once the Campaign has begun, given is final and irrevocable.

In the event of an automatic selection of Creators for a Campaign, acceptances will be processed on a “first come first served” (PAPS) basis: when the maximum number of Creators required by the Brand for the Advertising Campaign has responded positively to the invitation, Creators who express their acceptance later will be placed on a waiting list, and may only participate in the Advertising Campaign in the event of withdrawal of one or more other Creator (s) s) or refusal of one or more other (s) Creator (s) by the Brand (in accordance with (iii) below).

3rd stage

(iii) Validation by the Brand:

Depending on whether the Brief was developed by the Brand itself or by YOO on behalf of the latter, the list of Creators selected to participate in the Advertising Campaign is ultimately validated by the Brand or by YOO. YOO and the Brand thus reserve the discretionary right not to validate the participation of Creators who have confirmed their desire to participate in the Advertising Campaign.

The Creator acknowledges and accepts that members of the YOO team are entitled, at their sole discretion, to accept and/or refuse Candidates. It should be noted that Campaign managers maintain the freedom to accept or definitively refuse the participation of a Candidate, including in the event of acceptance of the invitation by a Campaign Creator.

The Creators finally selected receive a message and/or notification confirming their participation.

Failure to receive this confirmation message means that the Creator has not been selected in the end and has no right to participate in the Ad Campaign.

If necessary, the “non-selection” may be the subject of an explicit notification and/or appear in the “Rejected” tab of the Platform.

In any event, and in general, the Creator understands and accepts that he has no right to be selected for a given Advertising Campaign, and that neither YOO nor the Brand has any obligation to send him proposals or invitations in this sense. Neither YOO nor the Brand is required to offer a given Advertising Campaign to any minimum number of Creators either.

In order to maximize his chances of being selected, the Creator can only complete his “Influencer profile” on the Platform as best as possible, and strive to improve his visibility and engagement indicators on Social Networks. He will also be able to best carry out the previous Campaigns in order to promote a positive evaluation of his profile.

In addition, the Creator acknowledges that his selection at the end of the process described above does not in any way prevent his subsequent exclusion from the Advertising Campaign or requests for the total or partial removal of his Content.

Any spontaneous applications from Creators to participate in a given Advertising Campaign will be processed, validated or refused in accordance with this (iii).

b) Brief

Creators selected for an Advertising Campaign undertake to ensure their participation in this Advertising Campaign in accordance with the Brief.

As such, the Brief, whether drawn up and transmitted by the Brand itself or by YOO on behalf of the latter, constitutes a contract between the Brand and the selected Creator, to which YOO is in no way a party.

The Brief will include details of the Ad Campaign, such as, for example:

The nature of the products, services, activities or events to be promoted;
The types of Content to be designed and published;
The social network (s) concerned;
The mandatory legal information to be inserted in accordance with law No. 2023-451 of June 9, 2023;

The Brief may also include a certain number of elements and/or instructions that must be integrated and/or taken into account in the Content for the Advertising Campaign in question, in particular in the case where the products, services, activities or events to be promoted are subject to specific advertising regulations.

The Conditions for Participation in the Campaign are accessible to the Candidate from the application phase and apply throughout the duration of the Campaign. Consequently, each Participant undertakes to strictly comply with all the provisions set out there.

In particular, the Conditions of Participation specify the following obligations:

The Creator undertakes to scrupulously respect the guidelines set out in the brief statement for the creation of the Content, and to publish all the Content requested by the Brand;
The Creator must mention the Brand in all of his publications relating to the Campaign;
The Creator is prohibited from displaying or mentioning any other brand in the Content related to the Campaign;
The Creator must keep the publications associated with the Campaign for an unlimited period of time;
Stories published by the Creator can be automatically retrieved by the Platform. The Creator must ensure that he integrates the hashtag (s) required for the Campaign.

Failure to comply with one or more of these obligations may result in the consequences provided for in this contract, in particular the issuance of a warning, the non-validation of participation or the exclusion of future Campaigns.

Any breach by the Creator of the specifications of the Brief will be likely to result in his exclusion from the current Advertising Campaign, a request for total or partial withdrawal of the Content, or even the suspension or termination of the Personal Account (under the conditions described in Article 6.2 of Part 3 below).

c) Campaign type and preview

Influence campaign

The Creator selected to participate in an Advertising Campaign undertakes to publish Content that he has created himself, all in strict compliance with the requirements of the Brief and these Terms of Use.

The Creator is not required to submit content prior to publication (“previews”) to the Brand. However, it undertakes to strictly comply with all laws, regulations and recommendations applicable to advertising and commercial collaborations, in particular those specific to the Brand's sector of activity.

YOO and the Brand cannot, under any circumstances, be held responsible for the non-compliance with these obligations by the Creator.

For the purposes of clarification, YOO and the Brand could not be held responsible for not having informed the Creator of the evolution of practices, the Creator must keep abreast of the evolution of these by himself.

UGC (User-Generated Content) campaign

YOO reserves the right to validate the Contents and/or to have them validated by the Brand concerned, prior to their actual publication on Social Networks.

The sending of previews by the Creator may be required depending on the Brand's sector of activity, in particular for so-called sensitive or regulated sectors, such as, without this list being exhaustive, alcohol, financial services, aesthetic medicine, or any other sector presenting a particular risk under applicable regulations.

The Creator undertakes to strictly comply with all applicable laws, regulations and recommendations concerning advertising and commercial collaborations, in particular those specific to the Brand's sector of activity.

YOO and the Brand cannot, under any circumstances, be held responsible for the non-compliance with these obligations by the Creator.

d) Content Publishing and Management

YOO and the Brand will also have the right to review afterwards, authorizing them to request the total or partial withdrawal and/or modification of one or more Contents, as soon as they do not fully comply with the Brief and/or these Terms of Use. In the event of receipt of such a request from YOO and/or the Brand, the Creator undertakes to remove the Content covered by the request without undue delay and in any event within a maximum of twenty-four (24) hours.

The Creator understands and accepts that the Advertising Campaign may be interrupted, suspended, postponed or cancelled in whole or in part, at the sole choice of the Brand concerned, including at any time during the Advertising Campaign. In such a case, YOO will notify the Creators concerned in writing, who must cease all activity related to the Advertising Campaign in question upon receipt of this notification. Where appropriate, YOO will also notify the same Creators in writing of the resumption of the Advertising Campaign, indicating any changes to the terms of the Brief.

Likewise, the Creator understands and accepts that the terms of the Advertising Campaign may be modified in whole or in part, at the sole choice of the Brand concerned, including at any time during the Advertising Campaign. In such a case, YOO will notify the Creators concerned in writing, who must comply with the new terms and conditions upon receipt of this notification.

In the event of a Creator's failure to comply with the specifications of the Brief and/or these Terms of Use, YOO reserves the right to exclude this Creator from the Advertising Campaign, including at the request of the Brand concerned. The exclusion of the Advertising Campaign implies for the Creator the immediate obligation to cease all activity in connection with this Advertising Campaign, and in particular any publication or relaying of Content and/or Brand Content.

The Creator may be the subject of a warning in the following cases, without this list being exhaustive:

The Creator does not post the Contents;
The Creator publicly makes remarks denigrating the Brand and/or YOO, publicly takes positions that are harmful to the image of the Brand, its managers or its products and/or services, whether through oral or written comments or in any manner whatsoever.

In the event of a warning, and if the Creator is a Candidate for an ongoing Campaign, he will not be able to apply for or participate in new Campaigns until the previous Campaign has been fully finalized.

Too many warnings may result, at the discretion of YOO, in the final exclusion of the Creator from the Platform (under the conditions described in Article 6.2 of Part 3 below).

e) Provision of products and invitations to events/activities of the Brand

As part of the Advertising Campaigns, selected Creators may be awarded products and/or materials by the Brand (including through YOO), and/or be invited to participate in events or activities, organized by the Brand and/or by YOO.

The products and materials made available are under the personal and full responsibility of the Creator, without any transfer of ownership to the latter. The latter therefore undertakes:

To not use these products and/or materials for purposes other than the needs of the Advertising Campaign, provided that the provision does not involve any transfer of ownership or any real right to the benefit of the Creator;
To keep the products and/or materials under his personal and exclusive custody and control at all times during the provision of the products and/or materials;
Unless expressly stated otherwise in the Brief and with the exception of products intended by nature to be consumed (such as food and drinks), to return to YOO or to the Brand (according to the specifications of the Brief) all of the products and materials in question, including their original packaging, including their original packaging, clean and undamaged, within a maximum of thirty (30) calendar days from the end date of the Advertising Campaign as indicated in the Brief; and

To respect all the specific conditions of provision that will be indicated in the Brief, if applicable.

In the event that he is invited to participate in an event or an activity organized by the Brand and/or by YOO as part of an Advertising Campaign, the Creator undertakes to adopt a behavior in accordance with health and safety rules and in general with any instructions set by the Brand and/or by YOO, and in any case to refrain from any violent, dangerous, discourteous, illicit or in any other way harmful to the image of the Brand. and/or YOO or to the safety of goods and persons. Where applicable, the rules relating to the capture of sounds and images in the context of events and activities will be indicated in the Brief.

f) Staffing

The Creator is reminded that in order to comply with their fiscal and social obligations that apply to anyone receiving professional income, the benefits in kind received as part of the commercial influence activity must be declared from the first euro in the same category as the rest of the income. The value of the benefit in kind corresponds to the real value of the good or product and will be indicated in the Brief.

g) Sponsorship

The Creator has the option of sponsoring other Creators by giving them an individual alphanumeric code, to be inserted when the new Creator registers. For each new Creator registered using their referral code, the sponsoring Creator gets points.

2. Creator's Obligation - Guarantees

The Creator declares and guarantees that he has all rights, authorizations and required qualities, having duly completed the necessary formalities with all competent bodies, in order to be able to lawfully (i) accept the CGU, use the Creator Platform and participate in Advertising Campaigns, and (ii) exercise the activity of influencer, if he exercises it professionally or on a usual basis. It also declares and guarantees that it is up to date with all contributions and other mandatory payments in respect of the above organizations, if applicable.

The Creator also undertakes not to include any minor person in the Contents without having concluded an employment contract and, where applicable, a contract for the transfer of image rights, with an approved modeling agency. The Creator undertakes to justify, at the first request of the Brand, the completion of the modeling contract for his child.

When selected for an Advertising Campaign, the Creator undertakes to actively participate in this Advertising Campaign in question by publishing Content of sufficient quantity and quality, taking into account the modalities of the Advertising Campaign and in any event in strict compliance with the Brief. In particular, the Creator undertakes to use any Brand Content and to systematically integrate the mentions listed as mandatory in the Brief into each of the Content published as part of the Advertising Campaign concerned.

Unless otherwise expressly requested by YOO or the Brand concerned, the Creator undertakes to leave the Content online, in a publicly accessible manner and exactly as it was originally posted online, for a minimum period of three (3) years from when it was posted online. This paragraph does not apply to Content that is temporary in nature, such as Instagram “stories.”

By confirming his desire to participate in an Advertising Campaign, the Creator declares and certifies that he has no relationship of interest of any kind with any competitor of the Brand concerned, and more generally not to be caught in any conflict of interest of any kind in connection with the Brand concerned.

The Creator undertakes to respect the deadlines established by the Brand and stipulated in the Brief. In the event of a delay in publishing, the Creator has an additional period of fifteen (15) calendar days from the due date of the Campaign to proceed with the uploading of the Content. In the absence of publication within this period, YOO reserves the right to apply a penalty that may consist, at its discretion, in a reduction in the Creator's rating on the Platform and/or in the issuance of a warning.

The Creator is committed to promoting the products, services and brand image of the Brand loyally, in the constant concern for the best interests of the Brand.

The Creator guarantees that the Content that he publishes or relays is lawful and does not infringe any rights of any third party, including, but not limited to, all copyright, trademark rights, designs and models and/or personality rights.

In order to limit the risks associated with the unauthorized use of works protected by copyright, the Creator is invited to use primarily images and sound tracks from royalty-free or open-license file banks, such as music catalogs offered where appropriate by Social Networks (for example the Instagram network).

Where applicable, the Creator guarantees that he has all the rights and authorizations necessary to publish or relay the Content, and undertakes to provide YOO and the Brand with all written evidence necessary to establish these rights and authorizations, and to provide them with them at first request.

In general, the Creator undertakes not to publish any Content that may harm the interests or brand image of YOO or a Brand, including (but not limited to):

▪ Content that is offensive, defamatory, hateful, or otherwise unlawful;

▪ Content that infringes the rights of a third party, including in particular intellectual property rights or personality rights;

▪ Content that is pornographic or includes nudity;

▪ Controversial or political content;

▪ Content that denigrates or depreciates the Brand's brand image in any form;

▪ Content relating to the products, services or activities of a competitor of the Brand, or which in any way reveals any logo, any brand, any distinctive sign or the commercial name of any company other than the Brand;

▪ Content that is misleading or fraudulent with respect to the real qualities of the Brand's products, services and activities.

In accordance with the recommendations of the Professional Advertising Regulatory Authority (ARPP), the Creator must indicate, in each of the Contents published as part of the Advertising Campaign, the existence of commercial collaboration between him and the Brand.

This indication may be inserted by any means related to the nature and mode of publication of the Content (text accompanying the photo, text superimposed on the photo, oral mention at the beginning of the video, hashtag at the beginning of the video, hashtag at the beginning of the list, etc.). Unless there is an objective operational or technical constraint, the Creator will use the formulas “in partnership with”, or “sponsored by”, preceded by a hashtag.

The Creator undertakes to inform YOO without delay of any difficulty encountered or observed in the context of the Advertising Campaign, in particular in the event that Content (i) is reported or removed from the Social Network concerned, or (ii) would give rise to negative, polemical, abusive, abusive, abusive, abusive, derogatory or defamatory reactions from the public (“bad buzz”), or more generally to any responses or reactions from this public that may damage the brand image and/or the reputation of YOO or the Brand concerned. In such a situation, the Creator undertakes to comply exactly and without delay with the instructions given to him by YOO, and in any event to make his best efforts to stop or at least limit the impact of the situation, including by moderating abusive or unlawful comments.

In general, the Creator undertakes to communicate to YOO, at the first written request of the latter or the Brand concerned, any information to verify its compliance with these Terms and Conditions and the Brief.

The Creator guarantees all of its commitments and declarations stipulated in this Article by undertaking to hold YOO harmless from any claim, dispute, complaint or action of any kind introduced by any third party, as well as from any sanction of any kind from any authority or jurisdiction, when this claim, dispute, complaint, action or sanction would have as its basis or origin the failure to comply with its obligations by the Creator. In particular, this guarantee covers (but is not limited to), in addition to the amount of financial penalties, all costs incurred by YOO in defending its interests, such as legal assistance and/or legal representation costs.

3. Transfer of copyright

By publishing Content via the Platform, the Creator agrees to transfer to YOO all reproduction rights and representation rights relating to this Content.

By “reproduction rights”, is understood to mean the right to copy, imitate, modify, modify, modify, transpose, transpose, translate, adapt, synchronize, increase, cut, integrate, scan, duplicate and/or print all or part of the Content, on any medium and by any means known or unknown at the date of these Terms of Use, by itself (YOO) or through any third party of its choice.

By “rights of representation”, is understood to mean the right to publish, project, broadcast, broadcast, broadcast, broadcast, broadcast or send all or part of the Content, to any third party and to any public, by any means known or unknown at the date of these Terms of Use, by itself (YOO) or through any third party of its choice.

The transfer is granted exclusively and free of charge to YOO, for 3 (three) years from the first use of each of the Contents, for all countries and territories. It includes the right to assign or license all or part of the rights assigned to any third party at the sole discretion of YOO (including, but not limited to, for the benefit of the relevant Brand).

The transfer is granted for any exploitation of the Content on the Internet network and in particular on social networks, without this list being exhaustive, such as Instagram and Facebook.

The Creator guarantees that he has all the rights and authorizations necessary to validly consent to this transfer, and undertakes to provide any written proof to establish these rights and authorizations at the first request of YOO.

For any non-commercial internal or external communication, for cultural, journalistic, or informational purposes and any institutional communication carried out under their responsibility, the Creator authorizes YOO and the Brand to proceed on their own behalf with all reproductions, representations and adaptations of the Content and its image as reproduced in the Contents. This authorization is granted for a period of 10 (ten) years and for the whole world, on all social networks, websites and newsletters of YOO and the Brand. These uses will not give rise to additional remuneration or benefits of any kind.

4. Right to the image

In the event that the Content reveals the recognizable image of the Creator, the Creator grants the Brand and YOO free and exclusive authorization to exploit this image through the exploitation of the Content concerned, by any means and on any appropriate medium, in all countries and territories and for a period of three (3) years from the first use of each of the Contents, for the purpose of promoting the products, services and/or brand images that are the subject of the Campaign. advertising.

By express agreement, these Terms of Use are not intended to exploit the image of the Creator as such, but aim to capitalize on the reputation, visibility and/or expertise associated with the name of the Creator to promote the products, services and/or brand images that are the objects of the Advertising Campaign. In particular, the Creator is not specifically responsible for making his image appear as part of the Contents.

Likewise, by express agreement, the Creator maintains editorial and aesthetic control of the Content, in the sole respect of the provisions of the Brief and these Terms of Use. Neither the Brand nor YOO are intended to carry out the activity of producing Content.

In the event that the Contents reveal the recognizable image of third natural persons, the Creator undertakes to obtain written authorization from the latter to use their image under conditions identical to those of this Article, and to communicate this authorization to YOO at first request; the Creator is solely responsible for seeking and obtaining this authorization, and for transmitting this authorization to YOO. In the absence of being able to obtain such authorization, the Creator undertakes to refrain from any use of the image of the third parties concerned in the Contents within the framework of these Terms of Use.

5. Confidentiality

The Creator undertakes, except with the prior written authorization of the Brand, to respect and maintain the strict confidentiality of all information received by the Brand and in particular, without this being limited to, that communicated in the Brief.

In addition, the Creator undertakes to enforce this confidentiality commitment with any person attached to his services in any capacity whatsoever.

This confidentiality commitment does not apply to the use or disclosure of confidential information when such use or disclosure results from the application of a legal or regulatory provision, a final court decision or an arbitration award.

6. Responsibility

(i) YOO's responsibility:

YOO's responsibility under these T&Cs is limited to making the Site and the Creator Platform available under the conditions described below.

In particular, the Platform allows the Creator to:

▪ Create and complete your profile by adding or modifying information about yourself;

▪ Appear in the list of Creators who can be selected by YOO and/or Brands to participate in Advertising Campaigns of these Brands;

▪ Apply for Advertising Campaigns;

▪ Receive Briefs and accept or decline them at your convenience.

Since the provision of the Site and the Platform is based on infrastructures and tools that are by nature evolving and are not subject to any guarantee, YOO is only bound by an obligation of means, assessed in light of the capacities, resources and technical skills of YOO, solutions that are reasonably required taking into account the nature of the Site and the Platform, and the state of the art at the time of the alleged problem.

The Visitor therefore understands and accepts that YOO cannot guarantee permanent availability and flawless functioning of the Site and the Platform.

Furthermore, YOO cannot be held responsible in the event that the alleged breach of its obligations is caused by a case of force majeure, an act of the alleged victim, or an act of a third party external to the provision of the Site and the Platform.

(ii) Responsibility of the Creator:

The Creator is solely responsible and in his own name for the use of his Personal Account, even if he has entrusted, authorized or permitted by his negligence the use of this Personal Account by a third party.

The Creator is also solely responsible for the security and confidentiality of Identifiers linked to his Personal Account. In the event of loss or compromise of his Identifiers, or more generally of the suspicion of a risk of unauthorized access to his Personal Account, the Creator undertakes to immediately modify his Identifiers via the tools made available by the company publishing the social network Instagram, and to inform YOO without delay, and to inform YOO without delay using the contact details indicated in Article 5 of Part 3 below.

The Creator will remain fully responsible for complying with his obligations under these Terms, even if he delegates the execution in whole or in part to any third party, and/or is assisted by any third party for their execution.

YOO cannot under any circumstances be held responsible for the consequences of decisions taken by the Brands affecting the progress of the Advertising Campaign, including any decision to cancel, suspend, interrupt or postpone the Advertising Campaign, as well as any decision to modify the terms and conditions of the Advertising Campaign as stipulated in the Brief. The Creator therefore understands and accepts that he will not be able to sue or demand any compensation or compensation of any kind from YOO, in the event that a decision by the Brand causes him any grievance, damage or prejudice, including any loss of gain or loss of opportunity, regardless of the cause or reason of the Brand's decision.

7. Independence and non-competition

No clause of the Terms of Use may be interpreted as establishing any relationship of representation, dependence or subordination between the Creator and YOO.

It is also specified that YOO acts, as part of the organization of Advertising Campaigns, as an intermediary between the Brand and the Creators concerned, within the meaning of Law No. 93-122 of January 29, 1993 relating to the prevention of corruption and the transparency of economic life and public procedures (known as the “Sapin Law”).

Even if it was developed or written by YOO on behalf of the Brand, the Brief therefore constitutes a contract between this Brand and the Creator selected to participate in the Advertising Campaign, a contract by which the Creator undertakes to participate actively in this Advertising Campaign in strict compliance with the specifications contained in the Brief. YOO is in no way a party to this contract.

Without prejudice to the above, the Creator expressly prohibits himself from contracting directly with the Brand or from receiving any payment or benefit directly from the latter, for services equivalent, similar or associable to those provided under these T&Cs for a period of (3) years from the end of the Advertising Campaign concerned.

PART 3: VARIOUS STIPULATIONS

1. Intellectual property

No stipulation of the Terms of Use may be interpreted as granting the Visitor any right to the constituent elements of the Site or the Platform, nor to the brands, designs, logos, texts, illustrations, software, software, sound and visual elements, sound and visual elements of YOO or exploited by one and/or other of these.

In general, the Visitor is not authorized to make any use of the above elements that would exceed or be incompatible with normal use of the Site and the Platform, namely the simple consultation of the Site and the use of the Platform in accordance with these Terms of Use.

2. Personal data

YOO attaches crucial importance to the protection of the privacy of their Visitors and Creators.

To find out more about how YOO processes the personal data of Visitors and Creators and all Candidates, they can consult the Privacy Policies of YOO.

It is specified that these Privacy Policies are not part of the Terms and Conditions and are only informative for Visitors, Creators and all Candidates.

In addition, as YOO uses the YouTube API Services, they have a Privacy Policy specific to their operation, available at the following link: https://policies.google.com/privacy

3. Independence and non-competition

No clause of the Terms of Use may be interpreted as establishing any relationship of representation, dependence or subordination between the Creator on the one hand, and YOO on the other hand.

It is also specified that YOO acts within the framework of the organization of the Advertising Campaigns and within the framework of the organization of the Campaigns, as an intermediary between the Brand on the one hand and the Creators concerned on the other hand, within the meaning of Law No. 93-122 of January 29, 1993 relating to the prevention of corruption and the transparency of economic life and public procedures (known as the “Sapin Law”).

Without prejudice to the above, the Creator expressly prohibits himself from contracting directly with the Brand or from receiving any payment or benefit directly from either of them, for services equivalent, similar or associable to those provided under these Terms of Use for a period of (3) years from the end of the Advertising Campaign concerned.

4. Update

YOO reserves the right to update or modify these T&Cs at any time.

Creators will be notified by means of an informational email as soon as the update is made. By browsing the Site and using the Platform, the Creators are deemed to unreservedly accept the CGU in their new version in order to be able to continue their activity on the Platform, and will not be able to rely on any lack of knowledge or acceptance of any of them.

In case of disagreement with the content of the new T&Cs, Creators will have the option of deleting their Personal Account in accordance with Article 6.1. of Part 3 below.

5. Correspondence

Any communication, question or dispute relating to the CGU, the Site or the Platform must be sent to YOO by email to the email address hello@yoo.paris, or by post to the address of the head office of the company WOO (255 boulevard Pereire, 75017 PARIS). Any sending of a postal letter must be combined with the sending of a copy of the same letter by email.

Any communication will, unless otherwise requested, be express and written from this Creator sent by YOO to the email address, postal address or telephone number associated with this Creator's Personal Account on the date of dispatch.

6. termination

6.1. Cancellation at the Creator's choice

The Creator has the right to delete his Personal Account at any time via the Creator Platform, provided that he has fully fulfilled in advance any obligation that may fall on him, in particular in connection with an ongoing Advertising Campaign.

The deletion of the Personal Account automatically results in the termination of the Terms and Conditions in respect of the Creator concerned, except for clauses whose purpose implies by nature the persistence of certain obligations after the deletion of the Personal Account, such as in particular the copyright transfer clause, as well as the image rights clause.

6.2. Termination due to fault of the Creator

YOO reserves the right, in the event of a breach of the Terms and Conditions, to suspend the Personal Account of the Creator concerned or to issue a warning.

In the event of serious and/or repeated breaches, YOO may, after giving formal notice to the Creator concerned to provide appropriate justifications, proceed with the deletion of his Personal Account, without the latter being able to result in any right to compensation.

The deletion of a Personal Account is understood as the termination of the Terms and Conditions in respect of the Creator concerned at the sole fault of the latter, except for clauses whose purpose implies by nature the persistence of certain obligations after the deletion of the Personal Account, such as in particular the copyright transfer clause. This termination is also without prejudice to any compensation that may be due to YOO for damages suffered as a result of the Creator's behavior.

7. Applicable law and competent jurisdiction

In the event that (i) the Visitor is a professional using the site for purposes falling within the framework of his commercial, industrial, artisanal, liberal or agricultural activity, or represents such a professional, as well as in the event that (ii) the Visitor is a national or is resident in the territory of a state other than France, any dispute, dispute, claim or dispute concerning the existence, validity, interpretation or execution of CGU will be subject to French law, and decided by the courts competent under the jurisdiction of Paris, notwithstanding any plurality of defendants and any warranty claim.

8. Disputes

If one or more provisions of these T&Cs were declared void (s) or unenforceable, the other clauses would remain in force. Advertising Campaigns as well as these Terms of Use are subject exclusively to French law.

Any dispute arising during an Advertising Campaign will be the subject of an attempt at an amicable settlement. The courts under the jurisdiction of Paris will have sole jurisdiction to deal with the occurrence of a dispute relating to the validity, application or interpretation of these T&Cs.

9. Complaints

Any complaint relating to the Campaign or the use of the Platform must be sent by registered letter with acknowledgement of receipt within a maximum of 1 (one) month after the end of said Campaign to the following address:

WOO
YOO - #NOMDELACAMPAGNE
255 Pereire Boulevard
75017 PARIS