Contributor Terms and Conditions

1.1 The Website is owned and operated by Helen Marshall Limited trading as The People’s Picture, a company incorporated and registered in England and Wales under company number 11423615 whose registered office is at 7, Wadeson Street, London, E2 9DR, and The People’s Picture, Inc. a company incorporated in Delaware with its registered office at 8 The Green Str. B, Dover, Delaware 19901. (“we”, “us” or “our”).

2.1 Under this Agreement, we give you the opportunity to take part in a creative project which may involve, amongst other things, photography, photo mosaicking, video, multimedia, literary and other artistic and communicative content (“Project”).

2.2 The terms on which you have agreed to grant us a licence to use the photography, video, multimedia, literary and other artistic and communicative content provided by you (“Photography”) are set out in this Agreement. We will make reasonable efforts to ensure that the Photography is included in the Project, but we will not be legally obliged to do so and any failure to do so will not constitute a breach of this Agreement.

2.3 As part of the Project, you also agree to provide relevant information relating to the Photography, including any stories behind the Photography and/or those featured in the Photography, as well the names of the people and places appearing in the Photography (“Information”).

2.4 Together, the Photography and the Information are the “Content”.

In consideration of the opportunity to take part in the Project and for other good and valuable consideration, you hereby grant to us:

3.1 a non-exclusive, royalty-free, worldwide, irrevocable, transferrable, sublicensable licence to use the Content;

3.2 for the full period of copyright (including all periods of renewal, extension and revival of the copyright), and thereafter in perpetuity;

3.3 and all necessary consents under all applicable laws (including under the Copyright, Designs and Patents Act 1988 as amended and/or replaced from time to time);

3.4 to enable us to reproduce, publish, distribute, exhibit, edit, adapt, modify, crop, alter and otherwise use and exploit the Content and the Information (whether alone or incorporated into or in conjunction with other works);

3.5 for any/all purposes, commercial and/or non-commercial, relating to the Project, including:

3.5.1 for publication in all media (whether now known or hereafter devised including promotional material and national and international press);

3.5.2 for publication on the internet (including on social media);

3.5.3 for academic and scholarly purposes;

3.5.4 for cultural, educational, entertainment and social purposes, including exhibitions and oral and visual presentations to the public; and

3.5.5 for the production, marketing, distribution and sale of products (e.g. merchandise and printed goods),

(“Licensed Rights”).

4.1 You hereby warrant and undertake that:

4.1.1 you are the sole owner of the Licensed Rights and/or you have full authority to enter into this Agreement;

4.1.2 as far as you are aware, having made full and reasonable enquiry, the Content does not infringe the rights of any third party or incorporate any material that infringes the rights of any third party (including any right of confidentiality or privacy), and the use of the Content will not violate the rights of any third party;

4.1.3 you shall immediately inform us if you become aware of any claim that the content infringes the rights of any third party or incorporates any material that infringes the rights of any third party (including any right of confidentiality or privacy), or that the use of the Content violates the rights of any third party;

4.1.4 as far as you are aware, having made full and reasonable enquiry, the Content does not incorporate any material that is obscene, blasphemous or defamatory, and the use or exploitation of the Content will not place any person in contempt of court or in breach of any provision of any statute;

4.1.5 you shall immediately inform us if you become aware of any claim that the content incorporates any material that is obscene, blasphemous or defamatory, or that the use or exploitation of the Content will place any person in contempt of court or in breach of any provision of any statute;

4.1.6 you are in compliance with, are shall continue to comply with, the terms and conditions of any agreements which govern the use of any Content  provided to you by third parties;

4.1.7 you are in compliance with, and shall continue to comply with, all applicable laws and regulations as they relate to this Agreement;

4.1.8 where persons under the age of 18 years appear in the Photography and/or are named in the Information, you are either the child’s parent or guardian or you have obtained written permission from the relevant parent(s) or guardian(s) to use the Photography and/or Information as contemplated in this Agreement;

4.1.9 you have provided, or shall promptly provide upon request, all clearances, consents, licences, permissions, releases, waivers and other documents necessary to grant the Licensed Rights to us and to enable us to use the Content in connection with the Project (including any documents relating to the waiver of any moral rights, personality rights and/or publicity rights applicable to any person appearing in the Photography and/or named in the Information) (the “Clearances”); and

4.1.10 you have made, or shall promptly make, any/all payments due to any third parties in connection with the Clearances to enable us to use the Content in connection with the Project (including any licence fees and/or any payments applicable to the waiver of any moral rights, personality rights and/or publicity rights). You hereby expressly acknowledge and agree that we shall not be liable for any such payments.

4.2 You hereby waive (in favour of us and all our assignees and successors in title) all moral rights in the Content to which you may be entitled under any applicable law anywhere in the world (including under the Copyright, Designs and Patents Act 1988 as amended and/or replaced from time to time) to the extent necessary for us to exploit the Licensed Rights in accordance with the terms of this Agreement.

4.3 You hereby expressly acknowledge and agree to indemnify us and at all times keep us indemnified against any/all actions, claims, costs, damages, losses and/or liabilities (howsoever arising or incurred against us) arising out of or in connection with any breach or non-performance by you of any of the warranties and undertakings contained in this Agreement.

We will make reasonable efforts to ensure that you are credited as the author of the Content and a contributor to the Project, but we will not be legally obliged to do so and any failure to do so shall not constitute a breach of this Agreement.

6.1 For the purpose of processing the Content in connection with Project, and in order to comply with applicable laws, regulations and procedures, we (and where applicable our employees and duly authorised agents and advisers) will need to collect, store and otherwise process certain personal data relating to you.

6.2 Where we decide the purpose or means for the processing of your personal data, we are a “data controller” within the meaning of General Data Protection Regulation 2016/679 (“GDPR”) and the Data Protection Act 2018 (“DPA”). Together, the GDPR and the DPA are the “Data Protection Laws”. Where we process your personal data on behalf of a third party who determines the purpose or means for the processing of your personal data, we are a “data processor” within the meaning of the Data Protection Laws. In either case, we will comply with all of our obligations under the Data Protection Laws.

6.3 Please read our Privacy Policy [thepeoplespicture.com/privacy-policy], which explains our processing of your personal data and sets out our compliance with the Data Protection Laws.

We shall be entitled to assign, license or deal in any other manner with any or all of our rights and obligations under this Agreement. You shall not be entitled to assign, license or deal in any other manner with any or all of your rights and obligations under this Agreement.

This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

Each party irrevocably agrees that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.

If you have any questions, comments or enquiries, please contact: 

HELEN MARSHALL LIMITED (Company No. 11423615)

The People’s Picture, 7, Wadeson Street, London, E2 9DR

The People’s Picture, Inc. 8 The Green Str. B, Dover, Delaware 19901

Email: admin@thepeoplespicture.com

Tel: 02087932769