Contributor Terms and Conditions
These Terms and Conditions apply to the uploading and sharing of content, photographs, and other related information on https://www.thepeoplesmoon.com (the “Website”).
The Website is owned and operated by Helen Marshall Limited trading as The People’s Picture, a company registered in England and Wales under company number 11423615 whose registered office is at 7, Wadeson Street, London, E2 9DR (“we”, “us” or “our”).
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”).
2.1 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.
4.1 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. DATA PROTECTION
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.
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.
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.
If you have any questions, comments or enquiries, please contact:
HELEN MARSHALL LIMITED (Company No. 11423615)
7, Wadeson Street, London, E2 9DR
Tel: +44 (0)208 638 8686