The purpose of these general terms and conditions, here forward referred to as “T&C’s” is to govern the use of the hivency.com website and the various services available on this website. Surfing on the hivency.com site automatically implies express and unreserved acceptance by the user of these T&Cs.
2. Access to the site
The hivency.com site is accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the control of HIVENCY. However, HIVENCY reserves the right to interrupt access to the site for technical maintenance purposes or for any other reason without prior notice to the user.
3. Access to services and service designation
Access to HIVENCY’s services is exclusively reserved for members of the HIVENCY community, by creating a personal account under the conditions set out below.
The services offered by HIVENCY are free of charge for Influencers, and are defined as follows: Access to the supply, by any appropriate means, of products (hereinafter referred to as “the Products”), regularly marketed under a brand name designating said products, entrusted to HIVENCY by the manufacturer, producer, owner or authorized distributor of said product (the “Customer”); Participation in competitions, organized by HIVENCY ; The possibility of benefiting from a platform for purchasing online products presented according to photos published by users of influential social networks ; The possibility for users of social networks to benefit from a dedicated platform. In the event that the Influencer is the author of content that may be protected under intellectual property law (“Content”), the possibility, at the Customer’s request, of assigning the rights to the Content and authorizing for any purpose the exploitation of the rights to the image of the Content concerned, at a fixed price determined by HIVENCY.
4. HIVENCY Personal Account
Registration in the HIVENCY personal account provides access to members-only services, including receiving products and participating in contests. Registration on the HIVENCY web account is done through registration on the dedicated interface, by filling in all the information identified as mandatory. HIVENCY reserves the right to refuse any incomplete registration. According to the information provided by the user at the time of registration, his profile may correspond to Products that the company offers to provide to the user. In such a case, matching is then possible. However, HIVENCY reserves the right to limit this matching according to its own selection criteria. The user guarantees that the information provided for the creation of his account is accurate, sincere and personal. They do not constitute commercial data of an abusive or misleading nature. The user undertakes to regularly update his information in order to inform HIVENCY about his personal profile and to benefit from the services provided by HIVENCY. HIVENCY reserves the right to delete any account whose addresses, particularly postal addresses, do not allow the normal sending and use of the products. The user’s registration automatically creates an account in the name of the nickname he/she uses on the social network, as well as a space for information relating to the user (hereinafter referred to as “Personal Profile”).
2/ The personal account
The personal account is accessible by means of an identifier and a password (hereinafter referred to as “login credentials”), which may be modified by the user within his Personal Profile. The account is accessible under the same conditions as the Access to the site. Login credentials are personal and may not, under penalty of the account being suspended or deleted, be disclosed or used by a third party. The creation of a personal account does not entitle the user to the benefit of all HIVENCY services, the latter reserving the right to choose the beneficiaries of the Products and services.
3/ Personal Profile
The creation of the HIVENCY account gives access to a Personal Profile that allows the user to be identified within the Community and to benefit from HIVENCY services. As soon as the Personal Profile is created, the user is identified within the HIVENCY Community by the pseudonym and avatar he or she uses on the social network, to which the user consents.
4/ Use of services
4.1/ The supply of products
In return for the benefit of HIVENCY’s services, the user undertakes to respect the Products and the image of the brand marketing the Products. Thus, the user undertakes, in all circumstances, to : Comply with the laws and regulations in force and not to infringe the rights of third parties or public order; Respect the characteristics and constraints, in particular technical constraints, of all the Services offered by HIVENCY; Act, communicate, express themselves and write with discernment, courtesy, and respect for others in the comments, appreciations, exchanges that they may write and that will be broadcast on social networks and within the HIVENCY Community. Collaborate with HIVENCY by providing it with all the information necessary for the proper performance of the Services. Consequently, the user is therefore prohibited from distributing, in particular, and without this list being exhaustive: pornographic, obscene, indecent, offensive or unsuitable content for a family audience, defamatory, abusive, violent, racist, xenophobic or revisionist, infringing content, content that is harmful to the image of a third party, content that is false, misleading or offers or promotes illegal, fraudulent or deceptive activities, content that is harmful to third parties’ computer systems (such as viruses, worms, Trojan horses, etc.)), and more generally Content likely to infringe the rights of third parties or be harmful to third parties, in any way and in any form whatsoever. Any breach of the provisions of this article may result, immediately and without notice, in the deletion of the user’s account.
4.2/ Access to competitions
The competitions are free and will be subject to specific rules by competition.
4.3/ Access to the online purchasing platform
This Service will be subject to specific terms and conditions of sale, the acceptance of which will be a prerequisite for the use of the service.
4.4/ Access to the online marketplace
This Service will be subject to specific terms and conditions of sale, the acceptance of which will be a prerequisite for the use of the service.
4.5/ Photographs, texts and avatars
The user guarantees to HIVENCY that he/she has all the rights and authorisations necessary for the distribution of content on social networks and within the HIVENCY community, and in particular, that such content does not infringe public order, morality or the rights of third parties, does not infringe any legislative or regulatory provision and, more generally, is in no way liable to bring HIVENCY’s civil or criminal liability into play. In addition, the user grants HIVENCY and the partners marketing the products/service/benefits received by the user, the non-exclusive right to exploit, reproduce, on any known or future medium, for the purpose of identifying the user within the HIVENCY Community but also for advertising, promotion, in France and abroad, images, photographs, drawings, avatars, and more generally any visual or textual or graphic publication, representing the products and/or on the occasion of the use of services or benefits received by the user, distributed as part of a Hivency collaboration, on any medium whatsoever.
5. Transfer of rights and authorization on image rights
The Client may obtain, subject to full payment of the price of this option and the prior written consent of the Influencer, the intellectual property rights (IPR) on the Content and to benefit from the authorization to use the images of the persons represented in such Content identified by the Client upon request. In this case, this assignment of IPR is made on an exclusive basis, for all purposes, all of its rights to the Content made hereunder, it being understood that the Influencer declares and guarantees that the rights transferred hereunder are the only rights it may exercise with respect to the Content. The rights assigned include the rights for any use and for any direct and indirect exploitation of all or part of the Content and any creation derived from it, whatever the mode, including all rights: (i) reproduction, (ii) representation, transformation, (iii) evolution and arrangement, (iv) exploitation, in particular commercial exploitation, distribution and marketing, including the right of rental; (v) translation, modification, correction and adaptation, rewriting, (vi) incorporation into any pre-existing or future work, (vii) use, (viii) sub-licensing; and this, in any capacity whatsoever, in whole or in part, in any language, by any means, process and in any form and format, on any medium known or to come. This assignment of rights is made worldwide and for the term of legal protection of the Content under applicable law and international conventions on literary and artistic property that are or will be in force, including any extensions that may be made to the term of protection. As a result of this assignment, the Client acquires the status of beneficiary of the Influencer for the exercise of the above rights assigned and holds the most extensive rights in order to make any exploitation of all or part of the Content. With regard to image rights, the Influencer expressly authorizes the Client to use, reproduce and/or represent all or part of the attributes of the person the Content for communication and marketing purposes, without limitation and on any communication medium as well as to transform, modify, reframe the Content, any commercial authorization being nevertheless prohibited. This authorization is granted to the Client exclusively for the Content, in consideration of payment of the price determined by HIVENCY, for the entire world and for a period of ten (10) years. This authorization includes the right to make any modification, addition, deletion, cropping, dubbing, etc. to the initial fixation of the image that the Client deems useful.
The Influencer declares and guarantees that the Content (including the rights attached to it, including image rights) are fully owned and/or that the Influencer has all the rights and authorisations for the exploitation of the Content and that there are no agreements or rights that could hinder this guarantee, the assignment or the authorisation to exploit the image. As a result of the foregoing, the Influencer indemnifies HIVENCY and the Client against any action, claim, demand, eviction of any kind whatsoever on the part of any person claiming an intellectual property right to which the Content may infringe or have infringed, an act of unfair and/or parasitic competition and in particular to prohibit or restrict their use and will therefore compensate HIVENCY and the Client for all the consequences that could result from a breach of this guarantee (in particular all losses, damages, expenses and/or costs including, in particular, legal costs and attorneys’ fees).
7. Payment of payment
In return for the transfer of rights and/or authorisations to exploit the right to the image of the Content provided for in the article Transfer of rights, the Influencer will receive, where applicable, the planned fixed price, the price of which is communicated separately to the Influencer.
8. Data processing and liberties
HIVENCY undertakes that the collection and processing of personal data on this site will be carried out in accordance with Law No. 78-17 of 6 January 1978 on information technology, files and freedoms. As such, the website hivency.com has been declared to the CNIL under the number 1975900 v 0. The user of the site is informed that the information he communicates through the forms on the hivency.com website is necessary to respond to his request and allows the follow-up of this request. The recipients of the information provided are limited exclusively to HIVENCY and its partners, intended to become aware of it because of their missions. In accordance with the Data Protection Act No. 78-17 of 6 January 1978, the data collected are kept for a limited period of time and in proportion to the purposes for which they are used. In accordance with Articles 39 and 40 of Law No. 78-17 of 6 January 1978 on data processing, files and freedoms of 6 January 1978, the user has the right to access, modify, rectify and delete personal data concerning him. As such, the user may exercise these rights at any time by mail to HIVENCY at the address “2 Bis Rue Dupont de l’Eure, 75020 PARIS, France” or on the hivency.com website. HIVENCY will do its utmost to respond to the request as soon as possible.
When visiting the hivency.com site, cookies may be placed on the user’s computer, mobile or tablet. The use of certain cookies requires the prior consent of the user. The user will find information specific to the cookies used on this site by clicking here: hivency.com/cookies
10. Intellectual and industrial property
All the elements published on the hivency.com site such as sounds, images, photographs, videos, writings, animations, programs, graphic design, utilities, databases, software and other underlying technologies, are protected by the provisions of the Intellectual Property Code and belong to HIVENCY. Any distinctive sign appearing on this site, including company names, trademarks and logos, are trademarks registered by HIVENCY or by third parties or partners whose offers are presented on this site. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of HIVENCY is strictly prohibited and would constitute an infringement punishable by the Intellectual Property Code. The user undertakes to use the content of the site in a strictly private context. Commercial use is strictly prohibited. The user requests the prior authorization of HIVENCY for any reproduction, publication or copy of the various contents.
11. Photo credits
Photo credits: alisooonmk, marinegaby_, lisawrth, breathexox, melaniedhln, jaedoan, ambianceetfragrance, mllekaw, acommesonia, thewickedmarinou, Kérastase, Thom Olson, Garnier, Benefit, Yves Rocher, l’Oréal Paris, The Body Shop, Envouthé, Wandertea, Sephora, Vapiano, Interflora, Photoweb.
12.References and links
Hypertext links are provided to the user referring to partner sites or third party sites. Insofar as HIVENCY cannot control these sites, HIVENCY is not responsible for the information contained on these sites. HIVENCY cannot be held responsible in particular for any modifications or updates to these sites or for any malfunction of them. HIVENCY cannot under any circumstances be held liable for any direct or indirect damage related to browsing or downloading on hypertext links published on this website.
The use of this site implies the user’s knowledge and acceptance of the characteristics and limitations of the Internet and related technologies. HIVENCY cannot be held liable for any damage whatsoever resulting from a connection to this website that the user makes under his sole responsibility. As such, HIVENCY declines all responsibility in particular in the event of misuse or incident related to the use of the device, Internet access, maintenance or malfunction of the servers, telephone line or any other technical connection, and the sending of forms to an incorrect or incomplete address, computer errors or defects noted on the site. In addition, HIVENCY strives to provide accurate and up-to-date information on the site. However, HIVENCY cannot be held responsible for any inaccuracies or omissions on its hivency.com website.
14. User warranties
The User guarantees HIVENCY against any complaints, claims, actions and/or claims whatsoever that HIVENCY may suffer as a result of the User’s breach of any of its obligations or warranties under these terms and conditions. He undertakes to compensate HIVENCY for any prejudice it may suffer and to pay all costs, charges and/or sentences it may have to bear as a result.
16. Miscellaneous provisions
HIVENCY reserves the right to modify these T&C at any time. It is recommended that the user regularly read the T&Cs. The invalidity of all or part of one of the provisions of these T&Cs shall not result in the invalidity of the other provisions.
The acceptance of these general conditions is evidenced by a checkbox in the registration form. This acceptance can only be full and complete.
18. Applicable law
This website and this legal notice are subject to French law. Any dispute relating to the interpretation or execution of these T&Cs shall be submitted to the jurisdiction of the competent Paris courts.