1. Eligibility and publishing
Publishing content is reserved for partners accepted by heypster. heypster may request information to verify the partner’s identity, activities, and status as a rights holder, licensee, or authorized representative.
Ordinary heypster users do not have a general right to publish through Content Partners.
2. Intellectual property warranty
The partner agrees to publish only content that it owns or is expressly authorized to use and distribute in the manner offered by heypster. This obligation includes, in particular, copyrights, related rights, trademarks, image and publicity rights, music, audiovisual excerpts, characters, logos, and elements incorporated into the content.
The partner must not publish content belonging to another studio, producer, platform, or rights holder without valid authorization, including when that content is available through a streaming or distribution service.
3. Technical license granted to heypster
The partner retains ownership of its content. It grants heypster a non-exclusive, worldwide license, limited to the period during which the content is made available and to the needs of the service, to store, technically reproduce, encode, adapt to the required format, index, display, cache, and distribute the content through heypster, its applications, APIs, and authorized integrations.
Unless separately agreed in writing, this license does not authorize heypster to claim ownership of the partner’s works.
4. Prohibited content
Prohibited content includes, in particular: content that infringes third-party rights; illegal content; files containing malware; content misleadingly presented as official; metadata intended to impersonate a brand or rights holder; and any misuse of the certification system.
5. Moderation, verification and removal
heypster reserves the right, without any general obligation to legally validate each item of content before publication, to request evidence of rights, refuse, suspend, delist, or remove content, and take the measures necessary to respond to a notice, legal obligation, decision of a competent authority, or violation of these terms.
6. heypster Reference GIF
Certification features are intended to provide information about the provenance or origin of a file based on the available data and mechanisms. The partner guarantees the accuracy of the information it provides. Technical certification does not constitute an absolute legal guarantee of intellectual property ownership and does not replace any required authorizations.
7. Subscriptions and services
The features, prices, billing periods, renewal terms, and cancellation conditions applicable to a paid offer are those stated at the time of subscription or in the commercial agreement entered into with the partner. Access to certain features, including heypster Studio Pro, may depend on maintaining an eligible subscription.
8. Links to distribution platforms
The partner is responsible for the links it adds to its profile and guarantees that they lead to legitimate destinations that it is authorized to promote. The presence of a link to a third-party service does not mean that the service endorses or sponsors heypster.
9. Liability and indemnification
To the extent permitted by law, the partner is responsible for the content it provides, its representations concerning its rights, and the consequences of publication. It agrees to cooperate with heypster in the event of a claim and to promptly provide the necessary supporting evidence.
To the extent permitted by applicable mandatory rules, the professional partner shall indemnify heypster against financial consequences directly related to a third-party claim arising from content it published without the required rights or authorizations, provided that heypster informs the partner of the claim and allows it to participate meaningfully in the defense.
10. Suspension and termination
heypster may immediately suspend content or an account when necessary to protect the service, its users, third parties, or heypster, including in cases of serious or repeated violations, fraud, impersonation, security risks, or serious disputes concerning rights. The contractual terms governing subscription termination remain applicable.
11. Service availability and changes
heypster may change its features to improve, secure, or adapt the service. Unless otherwise agreed in writing, the service is provided without any guarantee of uninterrupted availability, distribution volume, particular ranking or placement, or commercial results.
12. Governing law
These terms are governed by French law, subject to applicable mandatory rules. In business-to-business relationships, any dispute shall be brought before the competent courts determined in accordance with applicable law and any validly agreed contractual provisions.