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Article 7 - Responsibilities
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Article 7 - Responsibilities
The Service Provider is solely responsible for all the Missions it carries out on behalf of Nfinite and uses the Platform under its exclusive responsibility. In this respect, it is solely responsible for : ● its registration with the necessary organizations according to its status; ● its social, accounting and tax situation; ● its income tax declaration; ● the existence and validity of the authorizations and insurance required to carry out its activity; ● the respect of the laws and regulations applicable to its activity; ● the quality, truthfulness and feasibility of the specifications; ● its subscription to a ten-year insurance policy, if applicable; and ● in general, the quality and legality of its Deliverables, services and work performed under the Mission. The Service Provider also warrants that it has all the skills, qualifications and warranties necessary to perform the Missions entrusted to it, in accordance with Article 4 of the Contract. In the event that a Mission entrusted to the Service Provider by Nfinite exceeds the Service Provider's skills, 4 qualifications and/or professional guarantees, the Service Provider agrees not to accept the Mission and to inform Nfinite without delay of its inability to carry out the Mission. Article 8 - Intellectual Property - Assignment of Rights 8.1 Within the framework of its Mission, the Deliverables produced by the Service Provider may be subject to intellectual property rights, in particular copyright. All Deliverables, texts, photographs, videos, documents and more generally any content created in the execution of the Mission entrusted to the Service Provider shall be considered as a Work covered by this Article. 8.2 In consideration of the payment of the remuneration provided for in Article 5 above, and subject to their being susceptible of protection under copyright law, the Service Provider assigns and transfers, on an exclusive basis and as and when they are created, to Nfinite the rights to: ● reproduce all or part of the Works, directly or indirectly, by any technical process and on any material medium known or unknown to date, in particular on paper, all digital media, but also on all websites, social networks, etc., all commercial and/or promotional media, in all formats, using all framing ratios, alone or in association with other works of the mind or elements, protected or not by an intellectual property right ; ● represent, distribute or have distributed publicly in any way, directly or indirectly, all or part of the Works, alone or associated with other works of the mind, in all versions and by all material means known or unknown, including the Internet; and ● to adapt all or part of the Works, directly or indirectly, on all known or unknown media, including in particular the right to modify and insert the Works in other intellectual works and/or in the realization of development projects and productions; ● translate into any language (including computer language) all or part of the Works. At Nfinite' request, the Service Provider shall (during the term of the Agreement and for a period of five (5) years after its expiration), at Nfinite' expense, sign any application, assignment and any other document that may be necessary for Nfinite to be indisputably recognized as the owner of such rights. More generally, the Service Provider agrees to provide all necessary assistance to Nfinite during any action, procedure or step intended to protect Nfinite' intellectual property rights both in France and abroad. 8.3 The present assignment is granted for the entire world and for the entire legal duration of protection of the assigned rights, as defined by the applicable legislation. 8.4 The Service Provider warrants to Nfinite the full and complete enjoyment of the intellectual property rights assigned in the context of the Mission and represents and warrants that none of the Works include reproductions and/or adaptations of all or part of one or more intellectual works of a third party, or more generally, of any right of a third party, whether tangible or intangible, and that they are not the subject of any pending or threatened legal action in this regard. The Service Provider shall indemnify Nfinite against any and all claims, disputes, demands, evictions, and actions, including but not limited to infringement and unfair competition claims, relating to the rights assigned by the Service Provider under this TCs. 8.5 The Service Provider expressly acknowledges that Nfinite shall have the right to transfer all or part of the intellectual property rights referred to in this Article, as well as all or part of the rights and obligations resulting therefrom, to any natural or legal person, without having to require the Service Provider's express prior consent. 8.6 When providing the Deliverables, the Service Provider shall provide Nfinite with a photograph of itself. The Service Provider expressly and irrevocably authorizes Nfinite to reproduce this photograph on all of its communication media, regardless of the nature or medium, and in particular on the 5 Internet and the Platform as well as on any promotional media, free of charge, for the entire duration of this Agreement and for a period of 3 (three) years after the end of this Agreement. 8.7 Copyright Infringement and DMCA Policy. If the Service Provider believes that some content provided by Nfinite violates its copyright, please contact Nfinite in accordance with its Digital Millennium Copyright Act Policy. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, any claimant must consider legal uses such as fair use and licensed uses. Nfinite shall terminate the collaboration with repeat infringers of this policy. Download 227.37 Kb. Do'stlaringiz bilan baham: |
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