PREAMBLE

  SHAIKE is a platform to broadcast AI-powered videos, a worldwide community of AI creators and AI enthusiasts, a hub for inspiration and business opportunities (here after the ‘Site’).   The SHAIKE Site is accessible via the url www.shaike.ai  

Article 1. SITE OVERVIEW

These Terms of Use are concluded between the publisher of the website SHAIKE, Firstdraft Media, a company located at 32 rue Etienne Dolet, 75020 Paris and registered at the Paris SRC under number 812 774 156, and the User.   Shaike.ai is dedicated to broadcasting and showcasing AI-powered videos and their creators.   This site allows visitors to discover the inspirations and trends of the AI video proposition around the world.   The Site presents the SHAIKE community and the creators (‘SHAIKERS’). The creators can offer their video for broadcast on the site and the curious can watch the videos broadcast and learn about the video AI.   The creators, known as “SHAIKERS”, can be presented on the site with a photograph of themselves and a presentation of their carreer.  

Article 2. ACCEPTANCE OF TERMS AND CONDITIONS

Navigation on the SHAIKE website implies acceptance of these Terms and Conditions.   Thus, the User undertakes to read these Terms carefully when accessing the Site and is invited to download, print and keep a copy of them.   It is specified that these Terms and Conditions are available on the Website via a hypertext link and can be consulted at any time.   The most recent version of the Terms and Conditions, published on the Site, replaces the previous versions and the User’s continued use of the Site constitutes acceptance of these changes.  

Article 3. ACCESSIBILITY

The Site is accessible 24/24, 7/7 free of charge, except interruption, programmed or not, for the needs of its maintenance or in cases of force majeure.   SHAIKE is constantly changing and improving its Site. As part of this continuous evolution, SHAIKE may make changes or changes (to all or part of the Site) such as adding or removing features and functionalities, offering new digital content or services and abandoning old ones. Certain creator profiles may be removed from the Site, which the User accepts.   The SHAIKE publisher may restrict access to its site if the security of the operation of the network, the maintenance of the integrity of the network, in particular to avoid serious disturbances of the network, software or data backup, make these measures necessary. Being subject to an obligation of means, he cannot be held liable for any damage, whatever its nature, resulting from the unavailability of the Site.  

Article 4. ACCESS CONDITIONS AND FORM

4.1 How to access the Site

Any User can access the Site, watch the videos and contact the SHAIKE teams. The User does not need to create an account.   The User has the possibility to “like” or not the videos posted on the site.  

4.2 The proposed form

The Site offers a form for creators to communicate their:  

• Surname/First Name
• Artist Name
• Email
• Country
• Website or portfolio
• Link to the film he would like to see broadcast by SHAIKE

  The data transmitted are processed in accordance with the Privacy Policy.   The SHAIKE teams will contact the creator by e-mail and may, on this occasion, request additional elements such as a short biography and presentation or a photograph of his person.   The SHAIKE publishing company remains in any case the sole decision-maker in determining the editorial line of its Site, the final choice of the videos broadcast, the creators, their removal, their promotion.  

Article 5. PERSONALITY RIGHTS

As part of their video release, the SHAIKERS will also be able to have their personal presentation on the site with a photograph of themselves and a description of their journey.   The SHAIKERS authorizes SHAIKE and its publisher to disseminate its image and possibly its voice, to reproduce them; as well as its name, its first name, its pseudonym and a presentation of its journey and to use them in accordance with the following provisions.   This authorization shall cover in particular:  

• All operations and made available to the public on the Site and to all fixed and/or mobile reception screens;
• Posts on social media platforms of SHAIKE;
• For a period of five years and for the whole world.

Article 6. CROSS-PROMOTION

In the context of the exchanges between SHAIKERS and the SHAIKE team, a cross-promotion partnership has been agreed between the Parties with a view to promoting exchanges of visibility and the promotion of their respective work and brands, within the framework of the promotional plan detailed below.  

6.1 Highlighting Videos on the Site

Videos posted on the Site will mention the name of the creator and the title.   In addition, a clickable hyperlink will be inserted that links the public to social media.   The SHAIKE publisher undertakes to insert these terms for each of the videos posted on the Site, subject to any technical limitations specific to a specific service. Where appropriate, the Parties will determine in good faith the alternative ways of promoting SHAIKERS on the Sites.  

6.2 Highlighting Videos on Social Media

The video will also be available on SHAIKE\\\\\\\\\\\\\\\'s social networks and SHAIKE\\\\\\\\\\\\\\\'s teams social networks. On social networks where this possibility is offered to users, each Party will, when relaying videos, give a positive assessment of that content (for example, by means of the “like” or “like” function).  

6.3 SHAIKER\\\\\\\\\\\\\\\'s emphasis on SHAIKE

Conversely, SHAIKER is committed to promoting the SHAIKE website and brand.  

6.4 Operation to promote the SHAIKE brand

When validating the registration as a User, SHAIKE will offer Users a photo of themselves with a Badge and a presentation text. The User will then be free to relay it on his networks.  

Article 7. INTELLECTUAL PROPERTY

7.1 License granted by the User to SHAIKE

When a User of the creative type called “SHAIKER” sends to the SHAIKE teams one of his productions - videos, photographs, logos, brands etc... - he grants SHAIKE and the SHAIKE publisher a free non-exclusive license, to use, reproduce, represent, adapt, make available to the public on the Site and on his social networks.   That license covers productions which may be protected by copyright and any other distinctive sign.   That license authorizes the SHAIKE publisher to modify the productions sent to affix the elements of the SHAIKE graphic charter in order to highlight them.   The said license is valid for 5 years and for the whole world.  

7.2 Ownership of SHAIKE\\\'s intellectual property rights

The User acknowledges SHAIKE\\\'s intellectual property rights on the Website, its components and the related content and waives any challenge to these rights in any form. The trademarks, logos, slogans, graphics, animations, videos, software solutions and texts and any other content on the Site, with the exception of the published content of creators called “SHAIKER”, are the exclusive intellectual property of the publisher of SHAIKE and cannot be reproduced, used or represented without express authorization from the latter, under penalty of legal proceedings. Any representation or reproduction, in whole or in part, of the Site and its contents, by any means whatsoever, without the express authorization of the publisher of the Site, is prohibited and will constitute an infringement. In particular, the publisher of SHAIKE expressly prohibits as a database producer;

• The extraction by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the contents of its database to another medium, by any means and in any form;
• the re-use, by making available to the public all or a qualitatively or quantitatively substantial part of the content of the base, whatever its form;
• The reproduction, extraction or reuse, by any means, including methods comparable to the scrapping of the contents (photographs, description, etc...) published by the publisher of the Site.

Acceptance of the Termes of Use shall constitute acceptance by Users of the intellectual property rights of the publisher of the Site and a commitment to respect them. The Site publisher grants a personal, non-exclusive and non-assignable license to Users to use the Site and the information contained therein in accordance with these Terms and Conditions. Any other use of the Site and its content is excluded from the scope of this license and may not be made without the express prior authorization of the Site publisher.  

Article 8. GUARANTEES

8.1 User Warranties

The User expressly undertakes not to send productions (videos, photographs, logos, trademarks, etc...) to the publisher of the Site for their dissemination and broadcast on the Site, which may directly or indirectly violate the intellectual property rights of third parties. This applies to any element protected by the property rights of third parties or of the publisher of the Site, of whatever nature. In addition, the User guarantees the publisher of the Site against all allegations relating to the infringement of an intellectual property right for the productions broadcast on the Site. In this respect, the User guarantees to the publisher of the Site that he will provide his defense and will bear the fees of lawyers and other expenses incurred by the publisher of the Site to ensure his defense as well as any damages to which the latter could be ordered by an enforceable court decision based on a production he has sent. In the event that the prohibition of use is imposed as a result of an infringement action, or results from a transaction signed with the applicant for the infringement action, the User shall, at his choice and expense, as soon as possible, either:

• Obtain for the publisher of the Site the right to continue the dissemination of the productions, objects of the action in question;
• Replace them with equivalent elements not subject to infringement proceedings;
• Amend them in such a way as to prevent such counterfeiting;
• To offer financial compensation to the complainant.

 

8. 2 Common guarantees

Each Party undertakes not to disturb the proper exploitation of the Site and the proper distribution of videos or other productions, nor to make any statements by any means that could be prejudicial to such exploitation.   Each Party shall ensure that it fulfills its obligations in accordance with good practice, as a competent and diligent professional, and that it will make all necessary material and human resources available.   Each Party shall promptly inform the other of any remedy, dispute, claim or complaint relating to the subject matter hereof which may result in a complaint or action by a third party against one of the Parties, or in any liability arising therefrom.  

Article 9. RESPONSIBILITY

9.1 Security Commitment

The Site publisher recommends the use of modern browsers and operating systems to ensure optimal and secure browsing.   The User shall ensure that his/her devices are protected by appropriate security measures, such as the installation of anti-virus software, the regular updating of the browser and the use of a firewall to prevent cyber threats. The website publisher declines all responsibility in the event of navigation difficulties or malfunctions due to incompatible configurations.   Although the website publisher implements technical measures to protect the website from intrusion, data theft and viruses, it is impossible to guarantee absolute security. The User is therefore advised to be vigilant, in particular by verifying the authenticity of emails, links and attachments claiming to come from SHAIKE.   In case of doubt or problem, the User is encouraged to contact the SHAIKE teams directly via the official contact means on the website in order to verify the authenticity of the information.   The website publisher does not offer technical support for the configuration of users\\\\\\\\\\\\\\\' personal equipment and cannot be held responsible for faults or malfunctions resulting from the User\\\\\\\\\\\\\\\'s device.   Finally, in the event of non-compliance by the User with these security obligations, the publisher of the Site reserves the right to take any measure necessary to preserve the security of its site.   Connection to the Site implies acceptance of the characteristics and limitations of the Internet, particularly in terms of technical performance, data security, and possible interruptions. Consequently, the publisher of the Site cannot be held responsible, among other things, for the following elements:  

• Interruptions in service due to maintenance operations or events beyond the control of the website publisher.

 

• Loss of data or damage to users’ equipment in connection with the use of the Site.

  The responsibility of the website publisher cannot be engaged in case of difficulty of access to the website due to a malfunction of the Internet network or of the user\\\\\\\\\\\\\\\'s equipment. It is up to each user to take the necessary measures to protect their own data and equipment.

9.2 The duty of loyalty and honesty when registering

The User undertakes to provide accurate, complete and truthful information when contacting the publisher of the Site, in particular in the forms for inquiry or contact available on the Site. Any attempt to falsify identity or provide false information constitutes a breach of this obligation.   The SHAIKE teams reserve the right to verify the accuracy of the information provided by the User if suspicious elements are detected. In case of legitimate doubt, SHAIKE\\\'s teams can temporarily suspend the User\\\'s access to the site or refuse to process the request until the information has been confirmed. If identity theft or fraudulent information is found, the website publisher reserves the right to take the necessary measures, including the permanent restriction of access to the website for the User concerned.   The User is also required to update his/her information if he/she contacts SHAIKE again, in order to ensure that the data communicated is always current and correct.  

9.3 Duty to comply during use

The User undertakes to use the Website in accordance with the laws and regulations in force, as well as these general conditions of use. This includes prohibiting any action that could harm the security, integrity or reputation of the site.   Specific obligations of the User include, but are not limited to:

• Do not reproduce, copy, distribute or publish the content of the site without the express permission of the site publisher.
• Do not broadcast defamatory, abusive, offensive, or inappropriate content that violates morals or the rights of others.
• Respect intellectual property rights related to the content published on the site and not abuse them.
• Refrain from any attempt to hack, intrude on or alter the functionality of the site or its data.

  In the event of non-compliance with these rules, the website publisher reserves the right to take appropriate measures, in particular by restricting the User\\\\\\\\\\\\\\\'s access to the website temporarily or permanently, and by taking legal action if necessary.  

Article 10. PROTECTION OF PERSONAL DATA

In accordance with the General Data Protection Regulation (GDPR) No. 2016/679 of 27 April 2016, relating to the protection of individuals with regard to the processing of personal data and the free movement of such data, Users of the Site have the right to object, to access, to rectify and to erase data concerning them.   Thus, any user who has communicated personal information via the Site, may request that the data concerning him be corrected, updated, clarified or deleted if they prove to be inaccurate, incomplete or obsolete.   All data collected and processed by FIRSTDRAFT MEDIA is hosted by ICloud, whose registered office is located at CA 94107, USA. The data and contents of the site are stored in the US ICloud infrastructure. The stored data is subject to the Cloud Act legislation.   The SHAIKE teams are committed to respecting the privacy of its users and to taking the necessary measures to protect the personal data collected during the use of the Site. To exercise their rights or obtain more information, users can contact the SHAIKE teams via the contact details available on the site. The SHAIKE Privacy Policy is available on the Site.  

Article 11. GENERAL PROVISIONS

The fact that the publisher of the Site does not avail itself of any defect or breach by the User of any of his contractual or legal obligations cannot be interpreted as a waiver to avail itself of this defect or this defect.   The fact that the publisher of the Site does not rely on a provision of these Terms if Use  does not in any way imply a waiver of the benefit of this provision.   If any of the provisions of these Terms of Use are declared invalid in the light of a legislative or regulatory provision and/or a court decision having the force of res judicata, it will be deemed unwritten but will not affect the validity of the other clauses which will remain fully applicable.  

Article 12. CONTACT

For any question relating to these Terms of Use or any request concerning the operation and use of the Site, the User may contact the SHAIKE teams via the following means:   By e-mail: jeremy@shaike.ai   By post: Jeremy Angelier  FIRSTDRAFT MEDIA- 32 rue Etienne Dolet 75020 Paris - France   SHAIKE teams will strive to respond to requests as quickly as possible to ensure an optimal user experience.  

Article 13. APPLICABLE LAW - JURISDICTION

These conditions are subject to French law. In the event of a dispute between the User and the Publisher concerning its validity, interpretation or execution, the User and the Publisher of the Website shall endeavor to settle their dispute amicably. In the absence of an amicable agreement within one month of the first notification by one party to the other concerning the dispute concerned, it shall be subject to the exclusive jurisdiction of the courts of Paris.