Contributor Terms and Conditions

These Terms and Conditions apply to the uploading and sharing of content, photographs, and other related information on https://thepeoplespicture.com/ (the “Website“).  

The website https://thepeoplespicture.com/ (“Website”) is operated by Helen Marshall Limited trading as The People’s Picture https://thepeoplespicture.com/ (“we”, “us” or “our”), a company registered in England & Wales under company number 11423615, whose registered office is at Acme Studios, Matchmakers Wharf, Homerton Road, London E9 5GP. Pixcollect.com is owned and operated by Helen Marshall Limited trading as The People’s Picture https://thepeoplespicture.com/, and is co-created and maintained by ‘UmbrellaDev’ our partner online solutions provider for software management purposes. Pixcollect was developed for the collection and workflow management of your uploaded photography and other content and data for The People’s Picture Projects only, Your Basic Information and Your Content will be processed via this website securely to allow us to perform the Service contract with you. 

 Where we decide the purpose or means for the processing of the personal data that you provide when using our services, we are the “controller” responsible for your personal data. Where the client decides the purpose or means for the processing of the personal data that you provide when using our services, we are the “processor” responsible for your personal data. We will comply with all applicable data protection laws, including the General Data Protection Regulation 2016/679 and the (UK) Data Protection Act 2018. 

The below terms and conditions are divided into two categories; ‘Public’ and ‘Private’. In summary Public assumes that the work will be published in the public domain and private assumes it will not be published and is for private use only. When you upload and share your photography and other content and data you will sign and agree to a different license depending on whether you are a public contributor, client, partner,  or a private commissioner. 

Public Projects: By uploading your content to the Website (or sharing with #project title hashtags or tagging on social media platforms) and any of our associated websites you are accepting these Terms and Conditions. 

We refer to the photography and other content provided by you (“Photography”) for the purposes of a photo mosaic project (“Project”). These Terms and Conditions confirm the terms of the agreement between us whereby you have agreed to grant to us a licence to exploit certain rights in the Photography.   We have agreed the following:

Public Projects

By uploading your content to the Website (or sharing with #project title hashtags or tagging on social media platforms) and any of our associated websites you are accepting these Terms and Conditions.

We refer to the photography and other content provided by you (“Photography”) for the purposes of a photo mosaic project (“Project”). These Terms and Conditions confirm the terms of the agreement between us whereby you have agreed to grant to us a licence to exploit certain rights in the Photography.   We have agreed the following:

1. Grant of License

In consideration of the opportunity to take part in the Project and for other good and valuable consideration, you hereby grant to us a non-exclusive licence to use the Photography for the full period of copyright in it including all periods of renewal, extension and revival of the copyright and thereafter in perpetuity and all necessary consents including under the Copyright, Designs and Patents Act 1988 as amended from time to time or any enactment that replaces it to enable us to change, publish, distribute, exhibit, edit, adapt, modify, crop, alter and otherwise use and exploit the Photography for the purposes of the Project whether alone or incorporated in or in conjunction with other works worldwide and in all media whether now known or hereafter devised including but not limited to print, in national and international press, in promotional material, a form of a presentation of the work on the internet and social media, use for academic and scholarly purposes, oral and visual presentations to the public and exhibitions (“Licensed Rights”).

2. Project

2.1 Under these Terms and Conditions we give you the opportunity to take part in the Project and whilst we will make efforts to include the Photography in the Project, we cannot guarantee it.

2.2 As part of the Project, you agree to provide relevant information concerning the Photography including but not limited to the names of the subjects of the Photography and any stories behind the Photography and those featured in the Photography (“Information”).

2.3 By providing the Information, you agree for us to use, exhibit, publish, distribute, and otherwise use and exploit the Information for the purposes of the Project, whether alone or in conjunction with other works worldwide and in all media whether now known or hereafter devised.

3. Your Undertakings

3.1 You hereby warrant and undertake that: (a) you are the sole owner of the Licensed Rights and/or you have full authority to enter into this letter agreement; (b) the Photography does not infringe the rights of any third party and the use of the Photography does not violate the rights of any third parties; (c) the Photography does not incorporate any material that infringes the copyright or any other rights of any third party, including any right of confidentiality or privacy, nor does it contain any obscene, blasphemous or defamatory matter, and its exploitation shall not place any person in contempt of court nor in breach of any provision of any statute; (d) you shall comply with the terms and conditions of any agreements which govern the use of the Photography provided by third parties; (e) you shall comply with all laws and regulations as they relate to these Terms and Conditions; (f) you shall provide all documentation and releases in respect of the Photography; (g) where the Photography  depicts persons under the age of 18 years old that you are either the child’s parent or guardian or have sought permission from the relevant parent(s) or guardian(s) to use this Photography; (h) you are not aware, having made full and reasonable enquiry, of any claim by any third party that the Photography or any pre-existing material incorporating the Photography or included within the Photography, or the exploitation of the Photography has infringed or will infringe any rights of any third party and you agree that you shall immediately inform us if you become aware of any such claim; and (i) you have secured all third-party permissions and releases necessary to grant the Licensed Rights to us and have made or will make in a timely manner all payments due to any such third parties necessary to enable us to exercise the rights granted to us under these Terms and Conditions. You hereby acknowledge that we shall not be liable for any such payments.

3.2 You hereby waive in favour of us and all our assignees and successors in title all moral rights in the Photograph to which you may be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time and under all similar legislation from time to time in force anywhere in the world to the extent necessary for us to exploit the Licensed Rights subject to the terms of this licence.

3.3 You hereby agree to indemnify us and shall at all times keep us indemnified against all actions, proceeds, costs, claims and damages whatsoever incurred by or awarded against us and compensation agreed by us in consequence of any breach or non-performance by you of any of the warranties and undertakings in these Terms and Conditions.

4. Credit

4.1 Where it is possible to do so, but without any obligation, we may credit you as an author of the Photography or as a contributor to the Project.

4.2 Any failure by us to accord such credit and any failure by any third party to accord such credit shall not constitute a breach of these Terms and Conditions by us.

5. Data Protection

5.1 For the purposes of these Terms and Conditions and compliance with applicable procedures, laws and regulations, we and, where relevant, our duly authorised agents, advisers and employees will need to collect, store and otherwise process your personal data.  It is important that you read and understand our Privacy Policy, which sets out how we use data relating to you and it forms a part of these Terms and Conditions.  Our Privacy Policy can be found [https://thepeoplespicture.com/privacy-policy/]. 

5.2 Where we decide the purpose or means for the processing of the personal data that you provide when using the Website, we are the “controller” responsible for your personal data.  We will comply with all applicable data protection laws, including the General Data Protection Regulation 2016/679 and the (UK) Data Protection Act 2018. Where the client decides the purpose or means for the processing of the personal data that you provide when using our services, we are the “processor” responsible for your personal data. We will comply with all applicable data protection laws, including the General Data Protection Regulation 2016/679 and the (UK) Data Protection Act 2018.

6. Right to Assign

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

7. Governing Law

These Terms and Conditions 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.

8. Jurisdiction

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

Contact us

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

HELEN MARSHALL LIMITED (Company No. 11423615)
Acme Studios
Matchmakers Wharf
Homerton Road

London E9 5GP

Email: info@thepeoplespicture.com

Tel: 02087932769

Private Projects

Private Projects: By uploading your content to the Website (or sharing with #project title hashtags or tagging on social media platforms) and any of our associated websites you are accepting these Terms and Conditions. 

These Terms and Conditions confirm the terms of the agreement between us whereby you, a private commissioner have agreed to grant to us a licence to process the ‘Photography and other content’ and create the Project. We refer to the (“Photography and other content”) for the purposes of a photo mosaic project (“Project”). We have agreed the following:

1. Grant of License

In consideration of the opportunity to process and deliver the Project and for other good and valuable consideration, you hereby grant us a non-exclusive licence to provide creative services to download, process, change, edit, adapt, modify, crop, alter the Photography and other content for the purposes of the Project only, whether now known or hereafter devised including but not limited to print and digital media, for a private commission. (“Licensed Rights”). For the details of the Project please refer to the Scope of Work.

2. Project

2.1 Under these Terms and Conditions we will make efforts to include all the Photography and other content in the Project, we cannot guarantee it.

2.2 As part of the Project, you agree to provide relevant information concerning the Photography and other content including but not limited to the names of the subjects of the Photography and any stories behind the Photography and other content and those featured in the Photography and other content (“Information”).

2.3 By providing the Information, you agree for us to process, use, to download, change, edit, adapt, modify, crop, alter the Photography and other content for the purposes of the Project only.

3. Your Undertakings

3.1 You hereby warrant and undertake that: (a) you are the sole owner of the Licensed Rights and/or you have full authority to enter into this letter agreement; (b) the Photography and other content does not infringe the rights of any third party and the use of the Photography and other content does not violate the rights of any third parties; (c) the Photography and other content does not incorporate any material that infringes the copyright or any other rights of any third party, including any right of confidentiality or privacy, nor does it contain any obscene, blasphemous or defamatory matter, and its exploitation shall not place any person in contempt of court nor in breach of any provision of any statute; (d) you shall comply with the terms and conditions of any agreements which govern the use of the Photography and other content provided by third parties; (e) you shall comply with all laws and regulations as they relate to these Terms and Conditions; (f) you shall provide all documentation and releases in respect of the Photography and other content; (g) where the Photography and other content  depicts persons under the age of 18 years old that you are either the child’s parent or guardian or have sought permission from the relevant parent(s) or guardian(s) to use this Photography and other content; (h) you are not aware, having made full and reasonable enquiry, of any claim by any third party that the Photography and other content and other content or any pre-existing material incorporating the Photography and other content or included within the Photography and other content, or the exploitation of the Photography and other content has infringed or will infringe any rights of any third party and you agree that you shall immediately inform us if you become aware of any such claim; and (i) you have secured all third-party permissions and releases necessary to grant the Licensed Rights to us and have made or will make in a timely manner all payments due to any such third parties necessary to enable us to exercise the rights granted to us under these Terms and Conditions. You hereby acknowledge that we shall not be liable for any such payments.

3.2 You hereby agree to indemnify us and shall at all times keep us indemnified against all actions, proceeds, costs, claims and damages whatsoever incurred by or awarded against us and compensation agreed by us in consequence of any breach or non-performance by you of any of the warranties and undertakings in these Terms and Conditions.

4. Data Protection

4.1 For the purposes of these Terms and Conditions and compliance with applicable procedures, laws and regulations, we and, where relevant, our duly authorised agents, advisers and employees will need to collect, store and otherwise process your personal data.  It is important that you read and understand our Privacy Policy, which sets out how we use data relating to you and it forms a part of these Terms and Conditions.  Our Privacy Policy can be found here https://thepeoplespicture.com/privacy-policy/

4.2 You acknowledge that you as the ‘data controller’ decide the purpose or means for the processing of the personal data that you provide in the Scope of Work and when providing photography and other content using our content management website Pixcollect.com, and that we are the ‘data processor’ responsible for the processing of your personal data, photography and other content for the purposes of the Project.  We will comply with all applicable data protection laws, including the General Data Protection Regulation 2016/679 and the (UK) Data Protection Act 2018.

5. Confidentiality

Each party hereby agrees to treat all information, photography and other content which comes into their possession under this Agreement as strictly confidential and agrees to procure that its employees, contractors, associates and affiliates agrees:

5.1 to have signed a confidentiality deed and company data processing agreement and keep confidential and not to divulge, disclose or use for their own purpose or any other’s purposes any Confidential Information, meaning information concerning the business, affairs, clients or suppliers of the other party (Confidential Information);

5.2 not to reproduce or publish in any media of any kind (including without limitation any newspaper, magazine or on any internet website or similar electronic medium or any form of social media, including without limitation, Facebook, Twitter, Instagram, Snapchat, LinkedIn and You Tube) whether now known or hereafter invented any information, data, photograph, image or other material which comprises or contains any Confidential Information including but not limited to the Photography and other content.

5.3 on the completion of processing data, photography and other content and satisfactory sign off and delivery of the Services and Project by the commissioner, the Artist will delete and securely remove all data, photography and content and the Project from it’s secure server and local drives where applicable.

6. Right to Assign

The Artist shall not be entitled to assign or license the Photography and other content or the Project to anybody else except the commissioner under these Terms and Conditions.

7. Governing Law

These Terms and Conditions 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.

8. Jurisdiction

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

Contact us

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

HELEN MARSHALL LIMITED (Company No. 11423615)
Acme Studios
Matchmakers Wharf
Homerton Road

London E9 5GP

Email: info@thepeoplespicture.com

Tel: 02087932769