Website Terms of Use

1.1 The Websites are owned and operated by Helen Marshall Limited (Company No. 11423615, registered office 7 Wadeson Street, London, E2 9DR) and The People’s Picture, Inc. 15 Addison Rd, Bergenfield, New Jersey 07621 (incorporated in Delaware) (together “we”, “us”, “our”).

1.2 These Terms form a legal agreement between you and us in relation to your access and use of the Websites.

1.3 By using the Websites you confirm that you accept these Terms. Where you create or access an account, submit Content or purchase any goods or services, you may also be required to agree separately to the applicable Consumer Terms, Contributor Terms or other terms notified to you before completing that activity. If you upload Content solely to your own private CMS account, that upload is governed by the Consumer Terms rather than the Contributor Terms. You must not use the Websites if you are under 13. Private account holders must be aged 18 or over. If you are under 18, you may use the Websites only with the permission of a parent or guardian and you must not submit Content; only a parent or guardian may submit Content that features or was created by a child in the circumstances set out in the Contributor Terms.

1.4 We may update these Terms from time to time, with notice on the Websites; continued use after an update indicates acceptance. Where we ask you to accept an updated version before you continue to use the CMS, you must do so. We keep an electronic record of each acceptance, including the version of the terms accepted and the date.

1.4.1 If you access the CMS on behalf of a Commissioner, any additional obligations relating to embedding upload forms or galleries on your own website (including through our API), are governed by the Commissioner’s separate agreement with us.

1.4.2 To participate in a project, you may be required to submit personal information and Content via the CMS. Before participating, you must read and separately agree to the terms presented to you at the point of submission. Our Privacy Policy explains how personal data submitted through the CMS will be used.

1.5 Additional terms may apply depending on how you use the Websites: (a) Visitors to thepeoplespicture.com. The website is open to everyone. You do not need an account to browse it. These Terms apply to your use of it. (b) Commissioners and their Authorised Users. If you log in to the CMS on behalf of a Commissioner, these Terms apply to your use of the Websites and CMS. The Commissioner’s use of the CMS and the services provided by us are also governed by its separate agreement with us, including any applicable service and data protection terms. If there is a conflict, that separate agreement will prevail in relation to the relevant commissioned project. (c) Consumers (CMS private accounts). If you register for or log in to the CMS with a private account as an individual for your own private purposes, these Terms apply to your use of the Websites and CMS. The provision and use of the private CMS service are also governed by the Consumer Terms, which you must accept when registering for the service. (d) Contributors. If you submit Content through a commissioned project page or upload form, your submission is governed by the Contributor Terms, which you must accept before submitting Content. This does not apply to a private account holder uploading Content solely to their own account under the Consumer Terms. (e) Shop customers. If you purchase a print, merchandise or any other product through the Websites, your purchase will be governed by the Shop Terms presented to you before you place your order.

For clarity, these Terms govern access to and use of the Websites. They do not replace any separate terms that apply to a particular service, Content submission, commissioned project or purchase.

2.1 Access to the Websites is permitted on a temporary basis or by special arrangement. We may suspend, withdraw or amend any part of the Websites where reasonably necessary and without notice but this will not affect any statutory rights or access commitments agreed under separate terms. Where reasonably practicable, we will give account holders notice of any material suspension or withdrawal affecting their access.

2.2 Commissioner accounts: CMS access is provided to a Commissioner for the access period agreed in its separate agreement with us. You must agree to these Terms and each Authorised User must accept them separately when logging in and before accessing the CMS.

2.3 The number of user accounts available to a Commissioner will be set out in its separate agreement with us. Each account may be allocated only to a named employee, contractor or other representative authorised by the Commissioner (an “Authorised User”). You must keep your login credentials secure, must not share them, and must not allow anyone else to use your account. We can enable two-factor authentication on request. The Commissioner is responsible for the acts and omissions of its Authorised Users when using the CMS, except to the extent caused by a fault in the CMS or our breach.

2.4 The countries from which Contributors may participate will be stated on the relevant project page or otherwise notified when Content is collected. We may configure the CMS to prevent or suspend submissions from any country, or reject particular Content, where we reasonably consider this necessary because of sanctions, export controls, applicable local law, technical limitations or another compliance risk.

2.5 A Commissioner’s client account and use of the CMS are also governed by its separate agreement with us, including any applicable service and data protection terms. If there is a conflict between these Terms and that agreement, the separate agreement prevails in relation to the relevant commissioned project.

2.6 Private accounts: a private account belongs to one named individual aged 18 or over, who must agree to these Terms when logging in and the Consumer Terms when registering for or accessing the private CMS service. You must keep your login credentials secure, must not share them, and must not allow anyone else to use your account. You are responsible for all activity carried out through your account and for the Content you upload. We are the controller of your account information as described in our Privacy Policy. Nothing in these Terms affects your statutory rights as a consumer.

3.1 Our Privacy Policy explains how we collect, use, share and otherwise process personal data in connection with the Websites and CMS.

3.2 If you are a Commissioner, an Authorised User or a private account holder and you collect or otherwise process personal data through the CMS, you must comply with all applicable Data Protection Laws, provide individuals with any privacy information required from you and only collect personal data that is reasonably necessary for the relevant Project. Any additional data protection obligations applying to a Commissioner are set out in its separate agreement with us.

4.1 The Websites are made available for your lawful browsing and for you to use in accordance with these Terms and any additional terms that apply to you. Access to or use of the Websites grants you no ownership rights in the Websites or their content.

4.2 Unless otherwise specified, all copyright, design, database, patent, trademark and other intellectual property rights in the Websites and their content belong to or are licensed to us.

4.3 Third-party trade names, content and trademarks are the property of their respective owners.

4.4 Copyright in Content submitted to the Websites remains the rights of the relevant Contributor or other rights owner. By submitting Content you warrant that you are the rights owner or have the required permissions to submit it and allow it to be used in accordance with the Contributor Terms or Consumer Terms, as applicable, without further permission or licence from any third party.

4.5 You warrant you have the right to enter these Terms and grant the usage rights above without further permissions or payments owed to any other person. You must not submit any Content or other material where doing so, or our permitted use of it, would infringe another person’s intellectual property, privacy or other rights, or require us to make any payment to another person unless we have expressly agreed otherwise in writing.

4.6 No scraping or AI training: except where expressly permitted under separate terms agreed with us, you are strictly prohibited from downloading, extracting, scraping, screen-recording, reverse-engineering, or reproducing any master layout, micro-tile database, or source asset from the Websites, and from harvesting, scraping, or using any imagery, layout, or metadata from the Websites to train machine learning systems, generative AI models, or automated image synthesis algorithms. The technical ability to view, access, embed or download images hosted on the Websites (including through our third-party hosting platform) does not give you any right to use, embed, copy or reproduce them.

4.7 Trademarks and branding: “The People’s Picture”, “My Photos” (and “MyPhotos”), and associated logos and branding are owned by or licensed to us. No licence is granted to use any of those trademarks or branding without our prior written authorisation.

4.8 Content displayed publicly on the Websites can be viewed, copied, screen-captured and shared by third parties, and we cannot fully control or prevent this. If you believe that any Content on the Websites infringes your rights, please email support@thepeoplespicture.com with the details and we will review it promptly in line with the Contributor Terms.

5.1 You agree to comply with these Terms, any additional terms and any applicable laws and regulations to your use of the Websites.

5.2 You must not: hack, reverse-engineer, or create derivative works of the Websites; gain unauthorised access to any part of them; remove or obscure any copyright, trademarks or proprietary notices; create software replicating the Websites’ data or functionality; use your access, or any personal data obtained through the Websites, for direct marketing; share your account or login details with a third party; copy or exploit any part of the Websites or their content except as expressly permitted under applicable terms agreed with us; or use the Websites for any illegal, fraudulent or unauthorised purpose.

5.3 You must not upload, transmit, or share any Content which: breaches these Terms or any other applicable terms; infringes third-party intellectual property rights, privacy or other rights; is sexually explicit or harmful to minors, or harasses/threatens/or is intended to distress any person; is unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene, or hateful, including material targeting a person or group based on race, national origin, ethnicity, religion, gender, sexual orientation, or disability; is submitted using a false identity; contains unsolicited advertising or promotional material; contains any virus, malicious code or other material intended to damage or interfere with the Websites; or depicts a person under 18 unless you are their parent or guardian.

6.1 We (and our authorised personnel) process personal data collected through or in connection with the Websites in accordance with our Privacy Policy and applicable Data Protection Laws.

6.2 Where the Commissioner’s own personnel access the CMS (myphotos.thepeoplespicture.com) as designated moderators, they do so on the Commissioner’s behalf. The respective data protection roles and responsibilities of us and the Commissioner are set out in the Commissioner’s separate data protection arrangements with us.

6.3 If you are a Commissioner or Authorised User, where you access or process personal data through the CMS, you shall comply with applicable Data Protection Laws, including maintaining appropriate protective measures against data loss; ensuring your personnel are aware of and comply with these obligations, are bound by confidentiality, and are appropriately trained; and not transfer personal data outside the UK or the EEA without our prior written consent and appropriate safeguards.

6.4 You shall notify us immediately if you receive a data subject access request, a rectification/erasure request, any other Data Protection Laws-related complaint, any regulator communication, or become aware of any data loss, and shall provide full assistance and further information as it becomes available.

6.5 If you determine the purpose and means of collecting Contributor personal data yourself, you are responsible for complying with Data Protection Laws in relation to that processing.

6.6 Our data protection contact is Helen Marshall Limited, 7 Wadeson Street, London, E2 9DR (email support@thepeoplespicture.com).

6.7 If you are in the United States, we handle your personal information in line with the applicable US federal and state privacy laws, as described in our Privacy Policy. We do not knowingly collect personal information from children under 13.

7.1 We provide the Websites on an “as is” and “as available” basis. We will use reasonable skill and care in providing the Websites but do not guarantee the accuracy of displayed materials.

7.2 We accept no liability for external sites we link to, those links are provided for information only. We do not control or endorse those websites or services and are not responsible for their availability, content or privacy practices.

7.3 We do not guarantee that the Websites will be free from interruptions or delays or secure from viruses or malicious software, although we do take reasonable steps to protect the Websites. We do not warrant uninterrupted or error-free operation.

7.4 Our maximum liability to you under these Terms, in contract, tort, or otherwise, is limited as follows: if you are a Commissioner or an Authorised User, the limits in your separate agreement apply; if you hold a private account, the limits in your order or agreement with us apply; if you access the Websites for business or organisational purposes and no other separate agreement applies, our total liability to you arising out of or in connection with these Terms is limited to £100 (or $100 if you are resident in the United States) and nothing in these Terms limits liability that cannot be limited by law.

7.5 If you use the Websites for business or organisational purposes, we are not liable for indirect or consequential loss, or loss of revenue, business, or profits, arising in relation to these Terms. If you are a consumer, we are responsible for loss or damage that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill.

We are not liable for any delay or failure to perform our obligations under these Terms caused by events beyond our reasonable control, including strikes, lock-outs, utility or transport failures, failure of third-party hosting, cloud or other infrastructure, acts of God, war, riot, civil commotion, malicious damage, compliance with applicable law or governmental/WHO order, accident, plant/machinery breakdown, fire, flood, storm, disease, epidemic, pandemic, or default of suppliers or sub-contractors.

9.1 Nothing in these Terms affects your statutory consumer rights or exclude or limit any liability that cannot be excluded by law.

9.2 These Terms, together with any additional terms that you are required to accept for a particular account or service, form the entire agreement between you and us relating to your use of the Websites. Our Privacy Policy explains how we process personal data but does not form part of the contract between us and you.

9.3 Failure to enforce a term or exercise a right under these Terms is not a waiver of it.

9.4 If any part of these Terms is unenforceable, it will be treated as amended to the minimum extent necessary to make it enforceable and the rest of the Terms remain in force.

9.5 The Websites may be accessed from outside the United Kingdom and the United States but this does not mean that they or their content are directed at, or comply with the laws of, every country. You are responsible for ensuring that your use of the Websites is lawful in the country from which you access them. Any additional territorial requirements applying to participation in a particular project will be notified separately.

9.6 You must not interfere with the Websites’ operations or security, attempt unauthorised access or use bots, scrapers, or malicious code against them; doing so may be a criminal offence, and we reserve the right to report suspected unlawful activity and take appropriate legal action.

9.7 The English version of these Terms is the binding version. Any translation is for convenience only, except where applicable law requires otherwise.

10.1 These Terms and all matters arising from them, including any dispute, are governed by the laws of England and Wales if you are resident in the United Kingdom, the laws of the State of New York if you are resident in the United States and the laws of England and Wales if you are resident anywhere else, in each case subject to clause 10.3.

10.2 If you use the Websites for business or organisational purposes, you and we agree that the courts of England and Wales will have exclusive jurisdiction if you are resident in the United Kingdom or anywhere other than the United States and the state and federal courts located in the State of New York will have exclusive jurisdiction if you are resident in the United States.

10.3 If you are a consumer, nothing in these Terms affects your mandatory statutory rights, including any rights you have under the laws of the country in which you live, or your right (where the law gives it to you) to bring proceedings in the courts of the part of the United Kingdom, the US state, or the other country where you live.

10.4 If you have a complaint, please contact us using the details in clause 11 and we will acknowledge your complaint within 7 days and will investigate and respond within a reasonable period.

Helen Marshall Limited (Company No. 11423615), T/A The People’s Picture, 7 Wadeson Street, London, E2 9DR. Email: support@thepeoplespicture.com (contributor, technical and data protection enquiries) or admin@thepeoplespicture.com (business enquiries).

The People’s Picture, Inc., 15 Addison Rd, Bergenfield, New Jersey 07621. Email: support@thepeoplespicture.com (contributor, technical and data protection enquiries) or admin@thepeoplespicture.com (business enquiries).