Master the Monster (“MTM”), a simplified joint stock company with a share capital of € 42,068 (euros), registered with the Bobigny Trade and Companies Register under number 827 685 116, whose registered office is located at 86 rue voltaire 93100 Montreuil, in the person of its legal representative duly authorised to conclude this agreement (hereinafter Master The Monster (“MTM”), publishes and operates the Internet platform accessible at the URL (internet address) https://app.mtm.video, and the corporate website accessible at the URL address https://mtm.video/.
Master the Monster (MTM) publishes and operates the marketplace https://app.mtm.video/ which offers to connect PRODUCERS and BRANDS, providing a standardised workflow tool to speed up and facilitate the production of videos (“video content factory”).
These General Terms and Conditions of Use govern the use by any USER of the PLATFORM and associated services. It is specified that PRODUCERS and BRANDS are independently subject to general terms and conditions of sale.
ANY USE MADE OF THE PLATFORM FOR ANY PURPOSE WHATSOEVER IMPLIES THE USER’S UNRESERVED ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS OF USE (CGU).
The terms mentioned below have the following meanings in these General Terms and Conditions of Use (hereinafter referred to as “GTC”):
“BRANDS”: refers to any company that has registered on the platform to solicit content production.
“PRODUCER”: refers to any production company registered on the platform in order to answer b for brand video projects.
“CONTENT”: refers to (video, photo, audio) the data transmitted by the BRAND in the different sections of the Site/platform.
“PROJECT”: refers to any content (including video) produced by a PRODUCER on the platform on the request of a BRAND
“AGREEMENT”: refers to these General Terms and Conditions of Use and all their appendices.
“USER”: refers to any person who accesses and navigates the PLATFORM, including BRANDS and PRODUCERS.
“ACCOUNT”: refers to the interface hosted on the PLATFORM in which all the data and elements provided by the users of the BRAND are grouped.
“PROFILE”: refers to the interface hosted on the PLATFORM in which all the data and elements provided by the PRODUCER are grouped.
“IDENTIFIERS”: refers to the mobile number, email and password used to access the Account or PROFILE. These IDENTIFICATIONS are for the exclusive use of the user who is solely responsible for them.
“MARKETPLACE SERVICE”: refers to all the functionalities and other services offered by Master the Monster (“MTM”) to USERS on the platform as part of the relationship between PRODUCER and BRAND until the end of the bidding process and the selection of the PRODUCER by the BRAND.
“COLLABORATIVE TOOL”: refers to all the functionalities and other services offered by Master the Monster (“MTM”) to USERS on the platform that allow Brands and PRODUCERS to work together during the production process and until the completion of the Project.
“PLATFORM”: refers to the website accessible at the address https://app.mtm.video containing all the services offered to USERS both on the Marketplace and in the Collaborative Tool.
“WEBSITE”: refers to the corporate website accessible at the address https://mtm.video containing all the services offered to USERS both on the Marketplace and in the Collaborative Tool.
2. CONTRACT DOCUMENTS
The CONTRACT is composed of the following contractual documents, listed in order :
The General Terms and Conditions of Use
Master the Monster (“MTM”) has the right to modify these General Terms and Conditions of Use at any time. The new provisions shall be notified to the USER at least fifteen (15) days before their entry into force, where they shall automatically apply to the USER. If the USER does not wish to accept these modifications, it will be asked to stop using the PLATFORM by requesting the closure of its ACCOUNT or PROFILE.
3.1 Purpose of the PLATFORM
The purpose of the PLATFORM is to enable USERS to benefit from the MARKETPLACE SERVICE and the COLLABORATIVE TOOL made available to them, namely:
for PRODUCERS: the possibility of offering their production services via the PLATFORM.
for Brands: the possibility of benefiting from a pre-selection of PRODUCERS and their services.
for PRODUCERS and BRANDS: the possibility of working together via the collaborative tool.
3.2 Purpose of the T&Cs
The purpose of these T&Cs, concluded between Master The Monster (MTM) on the one hand, and the USER on the other hand (hereinafter collectively referred to as “the PARTIES”), is to establish the contractual provisions relating to the respective rights and obligations of the PARTIES in connection with the use of the PLATFORM and all the services offered therein.
In parallel to these general conditions, PRODUCERS and BRANDS are subject to specific general conditions of sales.
4. ROLE OF MASTER THE MONSTER (MTM)
4.1 Master the Monster (MTM)’s intervention
The PLATFORM published by Master the Monster (“MTM”) consists primarily of connecting PRODUCERS with the BRANDS electronically, with a view to creating and producing content.
In this respect, it is recalled that Master the Monster (MTM) acts as a simple intermediary and connects through its PRODUCERS and BRANDS platform. The production contract is signed exclusively between the BRAND and the PRODUCER, the latter being bound to Master the Monster (MTM) by their own general conditions. For this reason MTM acts as a simple technical intermediary.
4.2 Fairness, Clarity and Transparency
As an intermediary, Master the Monster (MTM) therefore acts in a neutral, clear and transparent manner, as a trusted third party.
In this respect, Master the Monster MTM undertakes to inform USERS of the criteria determining the selection of PRODUCERS presented to the BRAND.
Consequently, it is understood that Master the Monster (“MTM”) has no capital ties or any legal dependence with any of the PRODUCERS listed on the PLATFORM. In addition, MTM refrains from carrying out any activity directly or indirectly related to that of production.
In order to guarantee the presence of the best PRODUCERS Master The Monster pre-selects its network of PRODUCERS who are subject to a strict selection and qualification procedure. Under certain conditions, the BRAND may use its own producers.
Any MARKER dissatisfied with the delivery of a video by a PRODUCER on the PLATFORM is invited to write directly to the PRODUCER concerned and to send a copy of the complaint letter to MTM.
5. ACCEPTANCE OF T&C
The use of the PLATFORM and SERVICES functionalities implies the acceptance of these T&Cs.
Thus, the USER undertakes to read these T&C carefully when accessing the PLATFORM and is invited to download, print and keep a copy.
6. ACCESS & REGISTRATION CONDITIONS
The USER acknowledges that it has the means and skills necessary to use the PLATFORM.
Brands cannot benefit from access to the PLATFORM without opening an ACCOUNT.
6.1- Registration procedure
Any BRAND wishing to have access to the features offered by the PLATFORM must first create an ACCOUNT.
Registration to the PLATFORM as a PRODUCER is free of charge and is made via the application form available on the PLATFORM. MTM reserves the right to approve this application.
6.2 Creation of the ACCOUNT and PROFILE
The BRAND is invited to provide information (surname and first name, company name or brand, telephone, professional e-mail address) to identify it by completing the form available on the PLATFORM. It will also have to choose its LOGINS and the number of its users, this number may be limited with regard to the specific conditions accepted by the BRAND.
An email is sent to the BRAND to confirm the creation of its ACCOUNT on the marketplace.
The PRODUCER is invited by email to create a profile by providing the necessary information to identify him. It shall also choose its LOGINS and the number of its users, this number may be limited with regard to the specific conditions accepted by the PRODUCER.
The USER guarantees to provide Master the Monster (“MTM”) with accurate, fair and up-to-date data, which shall not affect the rights of third parties in any way whatsoever, and to communicate to Master the Monster (“MTM”) any necessary update of the data provided upon registration.
Finally, the USER must validate these T&Cs as well as its own T&Cs to finalize its registration.
The BRAND and the PRODUCER will also receive an email confirming their identification and registration on the PLATFORM.
The USER is entirely responsible for the accuracy and updating of the data communicated as part of the opening and management of its ACCOUNT or PROFILE.
Master the Monster (“MTM”) has the right to refuse the registration of a PRODUCER or a BRAND that does not comply with the spirit of the PLATFORM or contravenes the image of Master the Monster (“MTM”) and this without it being possible to engage its liability in any way whatsoever.
6.3 Management of LOGINS
The BRAND and the PRODUCER are solely responsible for the use of their LOGINS or actions taken through their ACCOUNT and PROFILE.
In the case that a User discloses or uses its LOGINS in a manner contrary to their purpose, Master the Monster (“MTM”) may automatically suspend the ACCOUNT or PROFILE without notice or compensation.
In no event shall Master the Monster (“MTM”) be held liable in the event of usurpation of a user’s identity. Any access and action carried out from a user’s ACCOUNT or PROFILE shall be presumed to be carried out by this user, insofar as Master the Monster (“MTM”) is not under any obligation and does not have the technical means to ensure the identity of the persons having access to the PLATFORM from an ACCOUNT or a PROFILE.
Any loss, misappropriation or unauthorized use of a user’s LOGINS and their consequences are the sole responsibility of the user. In the event of theft, misappropriation or usurpation of the LOGINS , the USER is required to notify Master the Monster ( MTM) without delay by sending an e-mail to the following address :firstname.lastname@example.org
The USER may at any time close its ACCOUNT or PROFILE by sending an email to the following address: email@example.com. Master the Monster (“MTM”) will proceed as soon as possible to deactivate the ACCOUNT or PROFILE and will send the USER an email confirming the closure of its ACCOUNT or PROFILE and the definitive deletion of all its elements on the PLATFORM.
Thus, it is the BRAND’’s responsibility to collect all the data it would like to recover (files, etc.) before closing its ACCOUNT.
7.1 Provision of a payment service
When it wishes to proceed with the payment of its project, the BRAND will be redirected to the corresponding secure payment module in order to proceed with the payment.
In this case, the BRAND declares that it is informed that all online payments on the PLATFORM are made via the payment service provider STRIPE. The full terms and conditions of use of Stripe Connect are available in Appendix 1.
7.2 Project monitoring
Via its ACCOUNT or PROFILE, the USER will be able to access the history and follow-up of its projects. Thus, the BRAND will be able to be informed of the progress of the delivery of its current projects.
8.1 Obligations of the USERS
As part of the use of the PLATFORM, each USER undertakes not to violate public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these GCU.
Each USER has the obligation to :
Behave loyally towards MTM, other USERS and third parties;
Be honest and sincere in the information provided to MTM and, if applicable, to other USERS;
Use the PLATFORM in accordance with its purpose as described in these T&Cs;
Do not misuse the purpose of the PLATFORM to commit crimes, misdemeanours or contraventions punishable under the Criminal Code or any other law;
Respect the privacy of third parties and the confidentiality of exchanges;
Not to seek to undermine the automated data processing systems implemented on the PLATFORM within the meaning of Articles 323-1 et seq. of the Criminal Code;
Do not use the PLATFORM to send unsolicited messages (advertising or other) on a massive scale;
Do not release data that has the effect of decreasing, disorganizing, slowing down or interrupting the normal operation of the PLATFORM.
In compliance with the legal and regulatory provisions in force and in accordance with the law of 29 July 1981 on freedom of the press, the USER undertakes not to distribute any message or information:
misconduct constitutives against MTM;
contrary to public order and morality;
offensive, defamatory, racist, xenophobic, revisionist or damaging to the honour or reputation of others;
inciting discrimination or hatred against a person or group of persons on the grounds of their origin or membership or non-membership of a particular ethnic group, nation, race or religion;
threatening a person or group of people;
with a paedophile character;
inciting to commit one of the following
allowing third parties to obtain directly or indirectly pirated software, software serial numbers, software allowing acts of piracy and intrusion into computer and telecommunications systems, viruses and other logical bombs and, in general, any software or other tool allowing the rights of others and the safety of persons and property to be infringed.
8.2 Obligations of Master the Monster
8.2.1 General principles
It is expressly agreed between the Parties that the Master The Monster platform (MTM) is subject to a general obligation of means and that it is not bound by any obligation of result or enhanced means of any kind.
8.2.2 Availability and Accessibility of the Platform
Master The Master ( MTM) undertakes to use all means to make the PLATFORM and its features accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the control of Master The Master ( MTM) and subject to any breakdowns or maintenance interventions necessary for the proper functioning of the PLATFORM.
However, Master The Master (“MTM”) cannot be held responsible for disruptions, outages and anomalies that are not its fault and that would affect transmissions over the Internet and more generally over the communication network, regardless of their importance and duration.
It is also specified that Master The Master (“MTM”) reserves the right to temporarily interrupt accessibility or suspend all or part of the PLATFORM for maintenance purposes, for the improvement and installation of new functionalities, for the audit of proper operation or in the event of a malfunction or threat thereof.
Master The Master (“MTM”) may not be held liable, or considered to have failed to comply herewith, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of the French courts and tribunals.
It is recalled that for all CONTENTS produced through the platform, MTM will have the status of host within the meaning of Article 6 I 2) of the law of 21 June 2004 on confidence in the digital economy (hereinafter LCEN).
As such, MTM reserves the right to remove any CONTENT published through the platform, which has been reported to it and which it considers manifestly unlawful within the meaning of Article 6 I 2° of the law of 21 June 2004 on confidence in the digital economy known as the LCEN. The notification of manifestly unlawful CONTENTS may be made by e-mail to firstname.lastname@example.org or by registered mail with acknowledgement of receipt in the forms prescribed by article 6 I 5) of the law of 21 June 2004.
In accordance with article 6 I 5° of the law of 21 June 2004 on confidence in the digital economy known as the LCEN, the notification, to be valid, must include the following elements:
the date of notification;
if the notifier is a natural person: its full name, profession, domicile, nationality, date and place of birth; if the applicant is a legal person: its form, its name, its registered office and the body legally representing him;
the name and domicile of the recipient or, in the case of a legal person, its name and registered office;
the description of the disputed facts and their precise location;
the reasons why the content must be removed, including the legal provisions and justifications of facts;
a copy of the correspondence addressed to the author or publisher of the disputed information or activities requesting their interruption, removal or modification, or justification that the author or publisher could not be contacted.
9. INTELLECTUAL PROPERTY
9.1 Ownership of intellectual and industrial property rights in content
Any PRODUCER producing a video through the PLATFORM guarantees that it has all the rights to deliver the content of this video to the BRAND. In any event, Master The Master (“MTM”) cannot be held liable for an act of counterfeiting, given its mere status as a technical intermediary in the production of the CONTENTS.
9.2 Ownership of intellectual property rights related to MTM
The USER acknowledges the intellectual property rights of Master The Monster (“MTM”) on the PLATFORM, its components and related content and waives any right to contest these rights in any form whatsoever.
Logos, slogans, graphics, photographs, animations, videos, software solutions and texts contained on the PLATFORM, with the exception of the CONTENTS of the BRANDS and PRODUCERS, belong to Master The Monster (“MTM”) and may not be reproduced, used or reproduced.
Any representation or reproduction, in whole or in part, of the PLATFORM, the data contained therein, and the contents accessible therein, by any means whatsoever, without the express prior authorization of Master The Monster (“MTM”), is prohibited and may result in legal proceedings.
The acceptance of these T&Cs constitutes recognition by the USERS of Master The Monster’s (MTM) intellectual property rights and an undertaking to respect them.
Master The Monster (“MTM”) grants a personal, non-exclusive and non-transferable license to USERS to use the PLATFORM in accordance with these T&C.
Any other use of the PLATFORM and its content is excluded from the scope of this license and may not be made without the express prior authorization of Master The Monster (MTM).
In the context of the provision of SERVICES and the provision of the PLATFORM, Master the Monster (“MTM”) will only be bound by an obligation of means.
The USER may engage the liability of Master the Monster (“MTM”) as soon as it has previously notified by registered letter with acknowledgement of receipt of the alleged breach and Master the Monster (“MTM”) has not replied within thirty (30) days of receipt of this formal notice. In any event, it is recalled that Master the Monster’s (MTM) liability may only be sought in the event of proven fault.
It is recalled that Master the Monster (“MTM”) will remain a third party to the contract concluded directly between the BRAND and the PRODUCER and cannot therefore be held liable for the execution of the latter.
In addition, Master the Monster (“MTM”) cannot be held liable under any circumstances:
in the event that it is impossible to temporarily access the PLATFORM for technical maintenance or updating of published information. The USERS acknowledge that Master the Monster (“MTM”) cannot be held liable in the event of malfunctions or interruptions in the said transmission networks or in the computer equipment of the USERS of the PLATFORM;
in case of viral attacks;
in the event of abnormal use or illegal exploitation of the PLATFORM; with regard to the content of third party websites to which hyperlinks from the PLATFORM refer;
in the case of non-compliance with these T&Cs attributable to USERS;
in the case of delay or non-performance of its obligations, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals;
in the case of a foreign cause not attributable to Master the Monster (“MTM”);
in the event of unlawful action by a PRODUCER or a BRAND, or of contractual non-performance of which a PRODUCER or a BRAND has been guilty.
With regard to SERVICES, Master the Monster (MTM) draws the attention of USERS to the fact that current communication protocols via the Internet do not allow for the secure and continuous transmission of electronic exchanges (messages, documents, identity of the sender or recipient). Master the Monster (“MTM”) thus declines any responsibility in the event of loss of data, intrusions, viruses, service failure or other problems unrelated to the PLATFORM.
Moreover, due to the very nature of the Internet network (interconnection of a multitude of independent players), no one can guarantee the overall functioning of end-to-end networks. Master the Monster (“MTM”) can therefore under no circumstances be held liable for any damages of any kind for which it is not directly responsible.
In no event shall Master the Monster (“MTM”) be liable, regardless of the type of action brought, for indirect damages of any kind, for example, and without the list being exhaustive, any financial or commercial loss, loss of profit, commercial disturbance, loss of profits, loss of profits, loss of profits, loss of a third party, or action brought by a third party against the USER and their consequences, related to the present or their execution. The USER is solely responsible for any damages, direct or indirect, material or immaterial, caused by himself to Master the Monster (“MTM”) or to third parties as a result of it use of the SERVICES.
It is expressly agreed between the Parties that the provisions of this clause shall continue to apply even in the event of a resolution of this clause by a court decision that has become final.
11. FORCE MAJEURE
Master the Monster (“MTM”) may not be held liable, or considered to have failed to comply with these T&Cs, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of the French courts and tribunals, including in particular in the event of an attack by computer hackers, the unavailability of equipment, and any interruption, suspension, reduction or disturbance of electricity or other, or any interruption of electronic communications networks, as well as in the event of the occurrence of any circumstance or event beyond the control of Master the Monster (“MTM”) occurring after the conclusion of the TOU and preventing its performance under normal conditions.
It is specified that, in such a situation, the USER may not claim any compensation and may not bring any action against Master the Monster (“MTM”).
In the event of any of the above-mentioned events, Master the Monster (“MTM”) will endeavour to inform the USER as soon as possible.
12. PROTECTION OF PERSONAL DATA
Each Party shall ensure that the other Party complies with its legal and regulatory obligations in accordance with its role in the protection of personal data.
12.1 Concerning the processing carried out by MTM
In the context of the operation of the PLATFORM, Master the Monster (“MTM”) may collect personal data.
This data is necessary for the management of the PLATFORM, for the provision of SERVICES. These data will be processed in accordance with the purposes intended at the time of collection.
It is recalled that the USER whose personal data are processed has the right to access, rectify and oppose the processing of its personal data, in accordance with Articles 38 et seq. of Law No. 78-17 “Informatique et Libertés” of 6 January 1978 as amended and the European Regulation on Personal Data (REGULATION (EU) 2016/679 – hereinafter “RGPD”).
These rights may be exercised in accordance with the law by simple request by e-mail to email@example.com, by mail to the address of MTM’s registered office, providing proof of identity and a legitimate reason as provided by law.
12.2 Concerning the processing carried out by the PRODUCER
The PRODUCER may collect and process the personal data of the BRAND’s on the PLATFORM for the execution of their projects / production of their content. As such, the PRODUCER guarantees to MTM that it processes these data in compliance with the rights and obligations arising from the law “Informatique et Libertés”.
It is therefore expressly agreed between the Parties that MTM, in the context of the processing operations carried out by the PRODUCER, will use all means in its possession to ensure the security and confidentiality of the personal data entrusted to it.
13. VALIDITY OF T&C
If any of the provisions of these T&C are declared null and void with regard to a legislative or regulatory provision in force and/or a court decision having the force of res judicata, they shall be deemed unwritten but shall in no way affect the validity of the other provisions which shall remain fully applicable.
Such modification or decision does not in any case authorize the USERS to disregard these T&Cs.
14. MODIFICATION OF T&C
These T&C apply to any USER navigating on the PLATFORM.
Master the Monster (“MTM”) reserves the right to update and modify these T&C at any time, in particular to adapt to legislative or regulatory changes.
The applicable T&Cs are those in effect at the time of the USER’s navigation on the PLATFORM.
15. GENERAL PROVISIONS
No indication or document may create an obligation not included in these T&Cs unless it is the subject of a new agreement between the Parties.
The fact that either Party has not required the application of any clause of these T&Cs, whether permanently or temporarily, shall in no event be considered a waiver of such clause.
In the event of any difficulty of interpretation between any of the titles appearing at the beginning of the clauses, and any of them, the titles shall be declared non-existent.
16. JURISDICTION AND APPLICABLE LAW
THESE GENERAL TERMS AND CONDITIONS OF USE ARE GOVERNED BY FRENCH LAW. IN THE EVENT OF A DISPUTE, ONLY THE BETTING COURTS WILL BE COMPETENT.
Master The Monster (“MTM”) draws the attention of USERS to the fact that any dispute arising between a BRAND and a PRODUCER will eventually have to be handled by the PRODUCER, who remains solely responsible for the production of the project via the PLATFORM.
In the event of disputes between PRODUCER and BRAND, the BRAND is invited to contact MTM Customer Service at this address firstname.lastname@example.org. MTM will forward the complaint to the PRODUCER concerned, who will be solely responsible for handling the dispute. Master The Monster (“MTM”) may only, if necessary, act as a mediator.
In the event of any dispute arising between Master the Monster (“MTM”) and a BRAND or PRODUCER regarding the interpretation, performance or termination of this Agreement, the Parties shall endeavour to settle it amicably.
In such a case, the BRAND or PRODUCER is first invited to contact the Master the Monster Mediation Service (MTM) at email@example.com
In the event that mediation fails or is not considered, the dispute that may have given rise to mediation will be referred to the competent court designated above.