8.1. General ProvisionsBy creating, uploading, transmitting, or otherwise providing videos, images, texts, sounds, or other materials (hereinafter referred to as the “Content”) through the Flarecast Platform, the Creator acknowledges and agrees that all such Content is provided to the Administrator (the Company) for use within current and future advertising campaigns, projects, and Offers.
8.2. Offer of Exclusive Rights8.2.1. Upon uploading the Content to the Flarecast system or otherwise providing it to the Administrator, the Creator assigns to the Administrator all exclusive proprietary (economic) rights to the said Content, including but not limited to:
- the right to reproduce the Content in any form and on any medium;
- the right to distribute and make the Content available to the public (including via the Internet, television, outdoor advertising, streaming or digital platforms);
- the right to edit, modify, adapt, compile, translate, shorten, fragment, and use individual parts of the Content;
- the right to use the Content together with other materials (video footage, graphics, sound, subtitles, etc.);
- the right to include the Content in collective works, compilations, collages, promotional videos, or advertising campaigns;
- the right to grant sublicenses to third parties (including partners, contractors, advertisers, distributors, media agencies, and platforms), in whole or in part;
- the right to transfer or authorize the use of the Content for any commercial or non-commercial purposes without additional consent from the Creator.
8.2.2. The transfer of exclusive rights is made:
- for the entire term of copyright protection as provided by applicable law;
- for all territories worldwide, without limitation;
- without any additional compensation, other than the Reward specified for the relevant Offer.
The Reward specified for the relevant Offer constitutes full, fair, and sufficient consideration for the creation of the Content and the transfer and/or licensing of all rights therein.
Unless otherwise expressly stated in the Offer description, exclusive rights to the Content shall be deemed transferred to the Administrator upon the creation and submission of the Content in accordance with the Offer requirements. To the extent required by applicable law, the User hereby grants the Administrator a perpetual, irrevocable, royalty-free license to use the Content pending such transfer. The offer and/or license of rights shall be deemed effective upon submission of the Content for any use by the Administrator, regardless of the payment status, provided that rejected Content is not commercially exploited.
8.2.3. To the maximum extent permitted by applicable law, the Creator agrees not to assert any moral rights in the Content against the Administrator. Nothing in this Agreement shall be construed as a waiver of inalienable moral rights where such waiver is not permitted under applicable law.
8.3. Fallback Exclusive License8.3.1 To the extent that the Offer of exclusive rights provided for in this Agreement is deemed invalid, unenforceable, or otherwise limited under applicable law (including, without limitation, due to restrictions on the transfer or waiver of moral rights), the Creator hereby grants to the Administrator an irrevocable, perpetual, worldwide, royalty-free, exclusive license, with the right to sublicense, to use, reproduce, distribute, publicly display, publicly perform, modify, adapt, translate, create derivative works from, and otherwise exploit the Content created in accordance with an Offer, for the purposes of operating, promoting, developing, and monetizing the Platform and related products and services, in compliance with applicable law. The consideration for such license is included in the Reward specified for the relevant Offer and shall be deemed fair and sufficient for the scope of rights granted herein.
8.3.2 This license shall survive termination of this Agreement and shall apply to Content that has been accepted or otherwise used by the Administrator. The license shall not apply to Content that was explicitly rejected by the Administrator and not used in any form.
8.3.3. The Administrator has the right to register itself or its partners as the rights holder or owner of the Content in any registries, monetization systems, or platforms (including YouTube Content ID, Meta Rights Manager, TikTok Commercial Center, and others).
8.4. Use of Content by the Administrator8.4.1. The Administrator may use the Content:
- for placement in social networks, advertising campaigns, presentations, partner websites, and media materials;
- for showcasing and promoting the Flarecast Platform itself;
- in any formats, including video, images, GIFs, banners, covers, teasers, and compilations;
- without mentioning the Creator’s name and without prior notification.
8.4.2. The Administrator may edit, crop, compile, voice over, or otherwise process the Content at its own discretion, provided that the integrity and quality necessary for commercial use are preserved.
8.4.3. The Administrator may grant rights to use the Content to third parties (including advertisers, agencies, production companies, distributors, and media platforms) on terms determined solely by the Administrator.
8.5. Warranties of the CreatorThe Creator warrants and represents that:
- they are the sole author and rights holder of the Content;
- the Content was created without infringing any third-party rights and does not contain any unauthorized materials, trademarks, music, video, or other copyrighted content unless permitted by law or license;
- any persons appearing in the Content have given their consent to the commercial use of their image, likeness, voice, or other personal attributes;
- the Content does not violate any applicable laws, ethical standards, or the rules of social-media platforms (including TikTok, YouTube, Instagram, etc.).
Waiver of Moral RightsTo the maximum extent permitted by applicable law, the Creator hereby waives any moral rights, droit moral, or similar rights in the Content.
Where such waiver is not permitted under applicable law, the Creator agrees not to assert or enforce such rights against the Administrator, its affiliates, partners, sublicensees, or clients, in connection with the lawful use, modification, adaptation, distribution, or commercial exploitation of the Content.
8.6. Liability of the Creator8.6.1. In the event of any claims, lawsuits, or demands from third parties against the Administrator related to the Content, the Creator shall:
- independently settle such claims; and
- indemnify and hold the Administrator harmless from all documented losses, attorney fees, and legal costs incurred in protecting its rights.
8.6.2. The Administrator is entitled to withhold any Rewards owed to the Creator to cover damages if such claims are substantiated.
8.6.3. The Creator agrees that, after the transfer of rights, the Administrator may use, delete, republish, or transfer the Content to third parties without limitation and without further authorization from the Creator.
8.7. Additional Provisions- The Offer of rights is carried out electronically and does not require a separate written agreement.
- Uploading or submitting Content to the Administrator constitutes full acceptance of the terms of this section.
- If the Creator’s national law requires written confirmation of Offer, this section shall be deemed sufficient evidence of the parties’ intent and consent.