Effective as of October 23, 2023
SIGNMENT OF INTELLECTUAL PROPERTY RIGHTS
FIRST. The AUTHOR is the sole owner of the Intellectual and Industrial Property Rights, including but not limited to, the photographs, images, trademarks, colors, designs, drawings, stills, videos, audiovisual works, etc. (hereinafter, the CONTENT) that he/she intends to upload and incorporate into the CATHOPIC database of images, designs, videos, and other resources.
SECOND. The AUTHOR knows that DIMCONEX MEDIA, S.L. is the owner of the registered trademark CATHOPIC and is dedicated, among other activities, to the use of the private social platform available at the URL www.cathopic.com (hereinafter, "the WEBSITE"), by means of which it provides its users with access to images, photographs, graphic designs and videos (hereinafter "CATHOPIC").
THIRD. The AUTHOR expressly AUTHORIZES CATHOPIC to use, exploit, reproduce, distribute, publicly communicate and transform its CONTENT through the web page.
FOURTH. The AUTHOR guarantees and ASSIGNS to CATHOPIC (and to the individuals and/or legal entities to which the web page belongs) all Intellectual and Industrial Property rights, copyrights, related rights, designs, trademarks, and any other rights related to the CONTENT in exclusive right, with the power to transfer to third parties, during the entire life of the rights until their passage into the public domain, on a waivable basis, in any medium currently known or to be known in the future and worldwide, especially all rights and titles necessary for the fixation, reproduction, synchronization, publication, transformation, editing, distribution and public communication in congruence with Article 20 of the Spanish Intellectual Property Law.
In accordance with the statements above CATHOPIC, its licensees and its assignees are entitled to exercise all the rights to the fullest extent as permitted by law (previously detailed above)to CONTENT and any of its elements without further obligations to the AUTHOR or any third party. In any case, CATHOPIC guarantees to the AUTHOR that he will maintain authorship of his work and be recognized as the author on Cathopic.
In agreement with the assignment of rights, the AUTHOR grants all rights detailed above to CATHOPIC in congruence with the aforementioned terms, except for the express waiver of such assignment by the AUTHOR through the removal of a specific content on the platform. CATHOPIC is entitled but not obliged to use and exercise these rights or assign, transmit, or license these rights to a third party as it sees fit.
FIFTH. The AUTHOR will receive compensation for said content, subject to the terms and conditions stated above, uploaded onto Cathopic, which will be calculated as follows:
- In the case of content subject to a free subscription, the AUTHOR will only be able to upload photographs and will not have the right to any retribution, regardless of the number of downloads made by the users who register with this type of subscription.
In the case of content subject to PRO subscription, the Author may upload any type of content and shall be entitled to an economic remuneration, calculated according to the following parameters:
At the end of each month, the system will calculate the corresponding price per download (P/D), which will be obtained by dividing the net income obtained by CATHOPIC based on PRO subscription fees (paid subscriptions) by the number of downloads of PRO photographs, videos or graphic materials during the corresponding month.
The price per download generated will be divided equally between the platform and the creator (ID Crea). This ID Crea will be multiplied by the number of downloads the Author receives during the month to obtain the final monthly income. Therefore, the profit awarded to the Author for each download can be different depending on the month, the number of total PRO subscriptions, the number of overall PRO content downloads, and the number of PRO content downloads specifically uploaded by the Author.
Compensation for PRO content will be deposited two months later. In order to avoid a bank commissions tax, which decreases the overall compensation received by the author, a minimum balance of 50 US dollars is needed to be able to deposit income to the author. In the case that 50 US dollars is not incurred in the course of a month, pay out to the author will hold until the amount of 50 US dollars is achieved.
CATHOPIC reserves the right to give its strategic clients PRO licenses for the content. In these cases, the AUTHOR will not be entitled to compensation for the downloads made by the client using this gift.
CATHOPIC will duly inform the AUTHOR in the event that the client downloads content that affects the AUTHOR.
SIXTH. The AUTHOR acknowledges and warrants that (i) he/she is the sole and exclusive owner of all rights and titles pertinent to the Content; (ii) the Content and any part thereof does not infringe in any way on the image rights and/or intellectual and/or industrial property rights of third parties; (iii) none of the rights assigned hereunder have been sold, assigned, licensed or otherwise transferred to any third party by any instrument or agreement currently valid or pending resolution, nor do the aforementioned rights have any charge, lien, attachment or claim by any other individual, institution, or other third party.
SEVENTH. The AUTHOR shall adopt the necessary measures to maintain the confidential nature of the information provided by CATHOPIC and agrees not to disclose or make available to third parties the aforementioned information without the prior written consent of CATHOPIC.
EIGHTH. The AUTHOR expressly agrees that the contents detailed in this document are subject to Spanish law and to the courts and tribunals of the city of Madrid.
NINTH. If the AUTHOR or user believes that any content displayed on Cathopic infringes on intellectual property or other rights, they are obliged to contact Cathopic immediately or report it from the resource page by clicking on "Report content". Cathopic is committed to protecting and upholding rights detailed in this document, as well as the dignity of all users of its platform.