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 In summary Public assumes that the work will be published in the public domain and private assumes it will not be published and is for private use only.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

Please read these terms and conditions (the “Agreement”) which apply to the uploading and sharing of photographs, information and other content on https://www.thepeoplespicture.com (the “Website“).

By uploading your photographs, videos, information and other content to the website (or any of our associated websites or social media platforms, or by sharing your content with our project title hashtags) you are accepting the terms of this agreement.

If you do not accept the terms of this agreement, you should not upload or share any photographs, videos, information or other content to the website or any of our associated websites or social media platforms.

1. The People's Picture

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 Acme Studios, 42 Matchmakers Wharf, Homerton Road, London E9 5GP (“we”, “us” or “our”).

2. The Project

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”. 

3. Grant of Licence

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

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.

5. Credit

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. Data Protection

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 https://thepeoplespicture.com/privacy-policy/, which explains our processing of your personal data and sets out our compliance with the Data Protection Laws.

7. 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 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.

8. Jurisdiction

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.

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: +44 208 638 8686