Contributor Terms and Conditions
Helen Marshall Limited T/A The Peoples Picture
Please read these terms and conditions (the “Agreement”) which apply to the uploading and sharing of images, photographs, information and other content on https://www.thepeoplespicture.com (the “Website”) or https://www.collaborate.thepeoplespicture.com (the “CMS Website”)
By uploading your images, photographs, videos, text, 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.
In some cases you may be taken to these sites Via our Commissioner’s or one of their Partners’ websites.
If you do not accept the terms of this agreement, you may not upload or share any photographs, text, 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 7, Wadeson Street, London, E2 9DR
1.2 Other Contributors uploading such as clients or photographer, partners, contractors, volunteers, and others working on behalf of our clients (those commissioning our work and Uploading (bulk) into Our system); Partners or Photographers; where paper release forms have been obtained You must send copies to us of the release form by secure mail or email.
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:
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 that you have obtained 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) through any medium we wish to use;
3.5 for any/all purposes, commercial and/or non-commercial, relating to the Project, including, but not limited to:
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 expressly warrant and undertake that:
4.1.1 you are the sole owner have the right under license, 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, racist or defamatory, or could be considered ‘Revenge Porn’ some of which may be considered a criminal offence under the Crime and Disorder Act 1998, commonly known as a “Hate Crime”, 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, racist 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, we reserve the right to request such written proof of the same;
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] immediately 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. You expressly confirm that you undertake to make any payment due now or in the future under any license or other Agreement which you are a party to, in respect of the Content in connection with the project, and such liability to do so shall remain with you at all times.
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, on a full indemnity basis 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, in perpetuity.
5.1 We will make reasonable efforts to ensure that you are credited as the author of the Content 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 and we accept no liability for this.
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 any other relevant laws dependent upon the jurisdiction, together, “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.
7.1 You agree that You (the Contributor) are solely responsible for the works, in any form and all of it, contributed. You represent and warrant that (1) you are either he sole and exclusive owner of the content or you have all rights, licenses, consents and releases that are necessary to grant to Us the rights in the Content and contemplated under this Contributors Agreement and (2) and the sending of the content, not any posting, uploading, works or publications through any means will infringe, misappropriate or violate a third party’s property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
8. Limited Liabilities of the Company
8.1 – Helen Marshall Ltd T/A The Pictures People (Company) under no circumstance, its employees, independent contractors, authors, agents, representatives, assignees, and successors will be, to the extent permitted by law, liable to the Contributor or any other person or entity, for any direct or indirect losses, injuries, or incidental or consequential damages of any kind (including, without limitation, damages for loss of business profits, business interruption, loss of business information, other incidental or consequential damages, or any other pecuniary loss) with regard to the Content provided by the Contributor, or arising from or in connection with the use of the Content provided by the Contributor or due to any mistakes, omissions, delays, errors, interruptions in the transmission, or receipt of the services, content or materials, including, without limitation, any losses due to server problems or due to incorrect placement of HTML or other programming languages.
8.2 – Notwithstanding the foregoing express limitations of liability, should the Company, its officers, employees, successors, or assignees be held liable for damages, injuries, or losses of any kind, directly or indirectly resulting from the Content provided by the Contributor, the aggregate liability arising with respect to and under this Agreement for any and all claims, injuries, damages, or losses will not exceed £100.
9. Termination and Duration of Agreement
9.1 This Agreement shall commence on the effective date, being the date upon which the Content is received by the Company and shall continue on for as long as the Company shall use the Content.
9.2 All of the Contributors warranties, indemnities and obligations, which by their nature are designed to survive to the termination of this Agreement, will extend beyond the termination of this Agreement.
10.1 The Company reserves the right and may at any time and without limitation, freely assign all or part of its duties, obligations and benefits hereunder. The Contributor duly acknowledges and accepts this assignment upon communication by the Company.
10.2 The Commissioner of the Works is granted the right to assign, the completed works, though the contractual agreement between the Peoples Picture and the Commissioner.
10.3 Any and all promises, obligations, duties and warranties made by the Contributor in this Agreement are personal to the Contributor and neither these promises, obligations, duties and warranties, nor any benefits hereunder may be assigned by the Contributor to any other person or entity.
11.1 In case the Company fails to enforce the terms laid out in this Agreement, any of the specific provisions of this Agreement will neither preclude any other or further enforcement of such provision(s), nor the exercise of any other right hereunder.
11.2 The Company reserves the right to change the terms of this agreement by notice in writing to the Contributor. This is the entire agreement between the Parties no other written in oral agreement will supersede the provisions stated in the Agreement, unless submitted in writing and signed by the Company as an express amendment of the Agreement.
12. Force Majeure
12.1 Force Majeure; the Company shall not bear any any liability for any failure or delay in the performance of its obligations under this agreement if such delay or failure to perform is due to any Force Majeure, for the purpose of this agreement Force Majeure shall be defined as ;
(a) any act, omissions, cause or circumstance beyond the reasonable control of the Company, this to include without any limitations; acts of God, war, national emergency, protests or rebellion, civil commotion, riots or strikes and any form of industrial dispute, ( whether or not involving either parties work force ), earthquake, flood, drought, epidemic, fire, explosion, act of terrorism, pandemic or epidemic, or any other act ordered by any government, council or constituted body.
13. Dispute Resolution
13.1 Both Parties both agree and acknowledge that any dispute, claim or controversy arising out of or in connection with these terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the services or use of the site (collectively “ Disputes”) shall be submitted to arbitration.
13.2 If the Parties do not agree upon an arbitrator, either Party may request a nomination from the Chair of the Arbitration.
13.3 We both agree and acknowledge that should any dispute arise that an appointment of an officer from The International Dispute Resolution Centre, in London, will be made and his/her recommendation will be adopted.
13.4 We both agree and acknowledge that each Party retains the right to seek injunctive or other equitable relief in a Court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a Party’s copyrights, trademarks, trade secrets, patents or others intellectual property rights.
13.5 You acknowledge and agree that we are both each waiving the right to a trial by jury or to participate as a plaintiff or class expert in any purported class action or representative proceedings.
13.6 It is agreed and acknowledged that unless both parties otherwise agree in writing, the arbitrator may consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceedings.
13.7 If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution,” clause will be deemed void.
13.8 Except as provided in clause 13.4, this “Dispute Resolution,” section will survive any termination of these terms.
14. Jurisdiction and Applicable Law
14.1 Under this Agreement and all matters resulting from it, including disputes and resolutions referred, will be governed by and construed in accordance with the laws of England and Wales, notwithstanding conflict of law provisions and other mandatory legal provisions.
14.2 All parties will irrevocably submit to the exclusive jurisdiction of the courts of England and Wales, subject to clause 12, for the purposes of hearing and determining any dispute arising out of this Agreement.
15. Contact Us
If you have any questions, comments or enquiries, please contact:
HELEN MARSHALL LIMITED (Company No. 11423615)
T/A The People’s Picture, 7, Wadeson Street, London, E2 9DR
Thank you for visiting the Website.
© 2024 Helen Marshall Limited. All trade marks are the property of the relevant owners. All rights reserved.
Last revised 01/19/2024.