Website Terms of Use
Helen Marshall Limited T/A The People’s Picture & The People’s Picture, Inc.
(Rebuilt using the currently live Terms of Use at thepeoplespicture.com/terms-conditions as the base, since it is substantially more complete than the standalone AI-drafted version reviewed earlier. The AI draft’s genuinely useful additions — the AI-training/scraping ban and the dual UK/NY jurisdiction split — are folded in below. [ADDED FROM AI DRAFT] marks those additions; [LAWYER REVIEW] marks unresolved issues.)
These Terms of Use apply to all use of thepeoplespicture.com and myphotos.thepeoplespicture.com (the “Websites”). We act as a data controller for our own general website-visitor data, and as a joint data controller (with the relevant Commissioner) for Contributor personal data collected as part of a commissioned Project, consistent with Part 1, Clause 6 and the Joint Controller Data Protection Arrangement in Part 6 below — not as a “processor,” which was the live wording’s inaccurate framing.
Our Privacy Policy sets out how we process your data and forms part of these Terms of Use: thepeoplespicture.com/privacy-policy.
1. Information about the Website and these 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. (incorporated in Delaware) (together “we”, “us”, “our”).
1.2 These Terms of Use form a legal agreement between you and us.
1.3 By using the Websites you confirm you accept these Terms of Use, our Privacy Policy, and our Contributor Terms and Conditions. If you are under 18 or don’t understand these Terms, ask a parent or guardian to explain them. You must not use the Website if you are under 13.
1.4 We may update these Terms, the Privacy Policy, and the Contributor Terms and Conditions from time to time, with notice on the Website; continued use after an update indicates acceptance.
1.4.1 If you embed our upload forms or galleries on your own website, you must update your own privacy policy and provide our Privacy Policy to contributors at the point their content is collected.
1.4.2 To participate in a project, you submit your Basic Information and Content via our Collaborate CMS. By participating, you confirm you have read and agree to our Privacy Policy and the Collaborate-specific privacy policy.
2. Accessing the Website
2.1 Access is permitted on a temporary basis or by special arrangement; we may withdraw or amend the service without notice.
3. Privacy and Consumer Information
3.1 Information collected through the Websites is governed by our Privacy Policy.
3.2 If you are a Client or User, you warrant that you will comply with all applicable laws and any posted policies regarding information you collect from consumers.
4. Intellectual Property Rights
4.1 The Website is made available for your private, non-commercial, personal use only; this grants no ownership rights.
4.2 Unless otherwise specified, all copyright, design, database, patent, trademark and trade dress rights in the Website belong to or are licensed to Helen Marshall Limited t/a The People’s Picture.
4.3 Third-party trade names and trademarks are the property of their respective owners.
4.4 Content submitted to the Website respects the rights of the creator/owner — copyright remains with the contributor at all times, but by submitting you warrant you are the original photographer or have the copyright holder’s permission, and that we are free to use the Content as provided in these Terms 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.
4.6 ADDED FROM AI DRAFT Strict No-Scraping & AI Training Ban: 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 Site, and from harvesting, scraping, or utilising any imagery, layout, or metadata from the Site to train machine learning systems, generative AI models, or automated image synthesis algorithms.
4.7 ADDED FROM AI DRAFT Trademarks & Branding: “The People’s Picture”, “My Photos” (and “MyPhotos”), and associated logos and trade dress are proprietary trademarks of the Company. No licence is granted to use any trademark without prior written authorisation.
5. Restrictions and Obligations
5.1 You agree to comply with these Terms and all applicable rules.
5.2 You will not: hack, reverse-engineer, or create derivative works of the Website; gain unauthorised access to any part of it; remove or obscure proprietary notices; create software replicating its data or functionality; use your access for direct marketing; share access with a third party who hasn’t agreed to these Terms; copy or exploit any part of the Website or its content; or use it for any illegal or immoral purpose.
5.3 You may not upload, transmit, or share content which: breaches these Terms; infringes third-party IP or other rights; is sexually explicit or harmful to minors, or harasses/threatens/distresses any person; is unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene, or hateful, including material targeting race, national origin, ethnicity, religion, gender, sexual orientation, or disability; uses a false identity; contains unsolicited advertising; contravenes applicable law; or depicts a person under 18 without confirmed written parental/guardian permission.
6. Data Protection
6.1 We (and our authorised personnel) will collect, store, and process personal data as needed for the administration of your engagement and compliance with applicable law.
6.2 Where the Commissioner’s own personnel access Collaborate (myphotos.thepeoplespicture.com) as designated moderators, they do so on the Commissioner’s behalf as part of the Commissioner’s joint-controller responsibilities under the Joint Controller Data Protection Arrangement (Part 6 below) — not as a separate “Data Processor” role. Individual public Contributors submitting content are data subjects, not processors, and are not affected by this clause.
6.3 Where you process personal data in connection with this Agreement, you shall: process it only in accordance with this Agreement or as required by law (notifying us first, where lawful); maintain appropriate protective measures against data loss; ensure 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 EU/UK without our prior written consent and appropriate safeguards (e.g. GDPR Article 46 mechanisms).
6.4 You shall notify us immediately if you receive a data subject access request, a rectification/erasure request, any other Data Protection Legislation-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 data yourself, it is your responsibility to make clear to contributors that you are the data controller, to determine your own lawful basis for collection, and to provide both your own and our Privacy Policy and Contributor Terms and Conditions to contributors at the point of collection.
6.6 We are members of the Information Commissioner’s Office (ico.org.uk). Organisation name: Helen Marshall Limited. Reference: ZA575447. Our Data Protection Officer contact is Helen Marshall Ltd, 7 Wadeson Street, London, E2 9DR, support@thepeoplespicture.com.
7. Our Liability
7.1 We provide the Website on an “as is” basis and are liable only to provide our services with reasonable skill and care; no guarantees are given as to the accuracy of displayed material.
7.2–7.6 We accept no liability for external sites we link to, for inaccurate information on the Website, for interruptions/delays, for third-party infringement occurring through use of the Website, or for viruses/malicious software, to the maximum extent permitted by law; we do not warrant uninterrupted or error-free operation.
7.7 You agree to indemnify us against all actions, costs, claims, and damages arising from your breach of these Terms.
7.8 Our maximum liability under this undertaking, in contract, tort, or otherwise, is limited to the fee payable under the applicable agreement.
7.9 We are not liable for indirect or consequential loss, or loss of revenue, business, or profits, arising in relation to this undertaking.
8. Force Majeure
8.1 We are not liable for delay or failure to perform caused by events beyond our reasonable control, including strikes, lock-outs, utility or transport failures, acts of God, war, riot, civil commotion, malicious damage, compliance with law or governmental/WHO order, accident, plant/machinery breakdown, fire, flood, storm, disease, epidemic, pandemic, or default of suppliers or sub-contractors. This clause can be adapted to fill the equivalent empty Force Majeure heading in the B2B Agreement’s General Provisions, Part 1, Clause 7B.10 above.
9. General
9.1 These Terms are subject to your statutory consumer rights and do not limit any rights that cannot be excluded by law, including for death, personal injury, or fraud caused by our negligence or misrepresentation.
9.2 These Terms, together with our Privacy Policy and Contributor Terms and Conditions, form the entire agreement relating to your use of the Website.
9.3 Failure to enforce a term is not a waiver of it.
9.4 If any part of these Terms is unenforceable, it will be amended to the minimum extent necessary and the rest remains in force.
9.5 No representation is made that the Website complies with the laws of any country other than the United Kingdom and the United States.
9.6 You must not interfere with the Website’s operation, attempt unauthorised access, or use bots, scrapers, or malicious code against it; doing so may be a criminal offence, and we reserve the right to report it and seek damages and costs.
10. Governing Law & Dual Jurisdiction
10.1 UK, Europe & Rest of World (excluding North America): governed by the laws of England and Wales; the English courts have exclusive jurisdiction.
10.2 ADDED FROM AI DRAFT North America: for users accessing the Site from the United States or Canada, these Terms are governed by the laws of the State of New York, USA, without regard to conflict-of-laws principles.
10.3 If you have a complaint, contact us and we will reply within 7 days.
11. Contact Us
Helen Marshall Limited (Company No. 11423615), 7 Wadeson Street, London, E2 9DR — support@thepeoplespicture.com — +44 7456 400345
The People’s Picture, Inc. — support@thepeoplespicture.com