Please read these terms and conditions (this "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"). The Website and the CMS Website are referred to together as the "Websites". In some cases you may be taken to the Websites via the website of a commissioner of a project 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 Websites or any of our associated websites or social media platforms.
By uploading your images, photographs, videos, text, information and other content to the Websites (or any of our associated websites or social media platforms, or by sharing your content with our project title hashtags on social media) you accept the terms of this Agreement. Depending on the circumstances, as further described in clause 5 below, we may be the "data controller" or "data processor" in relation to your personal data. We will comply with all applicable data protection laws and shall, where applicable, ensure that our affiliates and personnel comply, with all applicable laws and regulations as they relate to this Agreement, including the UK Data Protection Act 2018 (DPA), the EU Regulations 2018/1725, the General Data Protection Regulation 2016/679 (GDPR), the Federal and State Privacy Act 1974, the California Consumer Privacy Act 2019 (CPPA), the Children's Online Privacy Protection Act 1998 (COPPA), the Data Protection (Jersey) Law 1987, the Data Protection (Jersey) Law 2005, the Data Protection Authority (Jersey) Law 2018 and the Data Protection (Jersey) Law 2018 (DPJL). If you are in the US, further information on can be found at The Federal Trade Commission at www.ftc.gov . If you are in the EEA (other than the UK), further information can be found at https://EC.europa.eu/info/law/law-topic/data-protection/data-protection-eu_en. If you are in the UK you have the right to make a complaint to the Information Commissioner's Office (‘ICO") and further information can be found at the ICO's website at www.ico.org.uk. Our ICO membership number is CSN4489629.
1. The People's Picture
1.1 The Websites are 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 (together "The People's Picture", "we", "us", "our") and this Agreement applies to these companies.
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, images, photography, photo mosaicking, video, multimedia, literary, any derivative works and other artistic and communicative content ("Project").
2.2 The terms on which you agree to grant us a licence to use the images, pictures, video, multimedia, literary and other artistic works, any derivative works and communicative content provided by you (together "Contributor Materials") are set out in this Agreement. You may only withdraw Contributor Materials submitted in the timescale agreed between us. Thereafter you may no longer withdraw any submitted Contributor Materials. We retain the right to revoke any Contributor Materials at any time if, at our sole discretion, we believe the Contributor Materials depicts something or a criminal nature. We will make reasonable efforts to ensure that the Contributor Materials are 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 by us.
2.3 As part of the Project, you also expressly agree to provide relevant information relating to the Contributor Materials, including any stories behind the Contributor Materials and/or those featured in the Contributor Materials, as well the names of the people and places appearing in the Contributor Materials ("Information"). Also, all Contributor Materials must be accompanied by an email address of the person who has submitted it.
2.4 Together, the Contributor Materials and the Information are the "Content".
2.5 You expressly confirm that you have all the relevant permissions in writing to use and submit the Content and any other content at all of any kind and that you accept any and all liability for the same, in the event that such permissions have not been granted.
3. Grant of Licence
Subject always to clauses 3.4-3.6, 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, royalty-free, worldwide, irrevocable, transferrable, sublicensable licence to use the Content:
3.1 for the full period of copyright (including all periods of renewal, extension and revival of the copyright) and thereafter in perpetuity;
3.2 to enable us to reproduce, publish, distribute, exhibit, edit, adapt, modify, crop, alter and otherwise use and exploit the Content (whether alone or incorporated into or in conjunction with other works) through any medium we wish to use;
3.3 for any/all purposes, commercial and/or non-commercial, relating to the Project, including, but not limited to:
3.3.1 for publication in all media (whether now known or hereafter devised including promotional material and national and international press);
3.3.2 for publication on the internet (including on social media);
3.3.3 for academic and scholarly purposes;
3.3.4 for cultural, educational, entertainment and social purposes, including exhibitions and oral and visual presentations to the public; and
3.3.5 for the production, marketing, distribution and sale of products (e.g. merchandise and printed goods);
together ("Licensed Rights").
3.4 If the Contributor is a commissioner of the Project, the terms of the Artwork Production Agreement entered into between the Contributor and the People's Picture will take precedence over clauses 3.1-3.3 and govern the use of the Content by us.
3.5 If the Contributor is a photographer working on behalf of the People's Picture, title and all rights in and to any Content will be deemed assigned to the People's Picture on creation. The Contributor waives any moral rights in relation to the Content and will cooperate with us, and do all things we reasonably require (including executing additional documents), to give full effect to this clause.
3.6 If the Contributor is a partner working with the People's Picture for the Project (e.g. a library or an archive), the Licensed Rights are restricted so that we may only use the Content:
3.6.1 for the purposes of the Project;
3.6.2 on our Website and in our artwork portfolio.
4. Your Warranties and Undertakings
4.1 You hereby expressly warrant and undertake that:
4.1.1 you have obtained all necessary consents and permissions under all applicable laws (including under the Copyright, Designs and Patents Act 1988 as amended and/or replaced from time to time) to grant the rights set out at Clause 3;
4.1.2 you are the sole owner or have the right under licence of the rights set out at Clause 3 and you have full authority to enter into this Agreement;
4.1.3 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 intellectual property, confidentiality or privacy), and the use of the Content will not violate the rights of any third party;
4.1.4 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 intellectual property, confidentiality or privacy), or that the use of the Content violates the rights of any third party;
4.1.5 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;
4.1.6 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;
4.1.7 you are in compliance with, and 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;
4.1.8 you are in compliance with, and shall continue to comply with, all applicable laws and regulations as they relate to this Agreement;
4.1.9 where persons under the age of 18 years appear in the Contributor Materials 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 Content as contemplated in this Agreement. We reserve the right to request such written proof of the same;
4.1.10 you have provided, or shall promptly provide upon request, all clearances, consents, licences, permissions, releases, waivers and other documents necessary to grant the rights set out at clause 3 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 Contributor Materials and/or named in the Information) (the "Clearances"); and
4.1.11 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 as described above (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 licence or other agreement which you are a party to, in respect of the Content, 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 rights set out at Clause 3 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 and 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. Data Protection
5.1 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.
5.2 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.
5.3 Please read our Privacy Policy (found at thepeoplespicture.com/privacy-policy), which explains our processing of your personal data and sets out our compliance with the Data Protection Laws.
5.4 Reference to the Privacy Policy incorporates its terms into this Agreement.
6. Limited Liabilities of the Company
6.1 Under no circumstance is The People's Picture or its employees, officers independent contractors, authors, agents, representatives, assignees and successors, to the extent permitted by law, liable to the you 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 you, or arising from or in connection with the use of the Content provided by you 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.
6.2 Notwithstanding the foregoing express limitations of liability, should we or our employees, officers independent contractors, authors, agents, representatives, assignees and successors be held liable for damages, injuries, or losses of any kind, directly or indirectly resulting from the Content provided by you, the aggregate liability arising with respect to and under this Agreement for any and all claims, injuries, damages, or losses will not exceed £100.
6.3 Nothing in this Agreement limits or excludes our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or anything else that cannot be excluded by law.
7. Termination and Duration of Agreement
7.1 This Agreement shall commence on the date we receive the Content and shall continue on for as long as we use the Content.
7.2 All of the your 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.
8. Assignment
8.1 We reserve the right and may at any time and without limitation, freely assign all or part of our duties, obligations and benefits hereunder. You duly acknowledge and accept this assignment upon communication by us.
8.2 The commissioner of the Project is granted the rights to the completed works though a contractual agreement between The People's Picture and the commissioner.
8.3 Any and all promises, obligations, duties and warranties made by you in this Agreement are personal to the you and neither these promises, obligations, duties and warranties, nor any benefits hereunder may be assigned by you to any other person or entity.
9. Miscellaneous
9.1 In case we fail 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.
9.2 We reserve the right to change the terms of this Agreement by notice in writing to you. This is the entire agreement between the us and you and no other written in oral agreement will supersede the provisions stated in this Agreement, unless submitted in writing and signed by us as an express amendment of this Agreement.
10. Force Majeure
10.1 We shall not bear any any liability for any failure or delay in the performance of our obligations under this Agreement if such delay or failure to perform is due to any Force Majeure Event. For the purpose of this Agreement a Force Majeure Event means any act, omissions, cause or circumstance beyond our reasonable control, include without any limitation, 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.
11. Dispute Resolution
11.1 You and we both agree and acknowledge that any dispute, claim or controversy arising out of or in connection with this Agreement or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Websites shall be submitted to arbitration.
11.2 If you or we do not agree upon an arbitrator, either party may request a nomination from the Chair of the Arbitration.
11.3 You and 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 their recommendation will be adopted.
11.4 You and 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, trade marks, trade secrets, patents or others intellectual property rights.
11.5 You acknowledge and agree that each party is waiving the right to a trial by jury or to participate as a claimant or class expert in any purported class action or representative proceedings.
11.6 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.
11.7 If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" clause will be deemed void.
11.8 Except as provided in clause 11.7, this "Dispute Resolution" clause will survive any termination of these terms.
12. Jurisdiction and Applicable Law
12.1 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.
12.2 You and we irrevocably submit to the exclusive jurisdiction of the courts of England, subject to clause 11, for the purposes of hearing and determining any dispute arising out of this Agreement.
