TERMS & CONDITIONS

WEBSITE

 

Terms of website use

Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Reliance On Information Posted & Disclaimer

The materials contained on our site are provided for general information purposes only and do not claim to be or constitute legal or other professional advice and shall not be relied upon as such.

We do not accept any responsibility for any loss which may arise from accessing or reliance on the information on this site and to the fullest extent permitted by English law, we exclude all liability for loss or damages direct or indirect arising from use of this site.

Information about us

http://www.thepeoplespicture.com is a site operated by Helen Marshall trading as The People’s Picture, who is a sole trader registered in England and Wales. The registered office is

The People’s Picture
Acme Studios
Matchmakers Wharf
Homerton Road, London E9 5GP

info@thepeoplespicture.com

Tel: 02087932769

VAT reg no 241730434

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Our site changes regularly

We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
  • loss of income or revenue;
  • loss of business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our site

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.  When accessing a site via our website we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.

Jurisdiction and applicable law

The English courts will have non-exclusive jurisdiction over any claim arising from or related to, a visit to our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Your concerns

If you have any concerns about material which appears on our site, please contact

The People’s Picture
Acme Studios
Matchmakers Wharf
Homerton Road, London E9 5GP

info@thepeoplespicture.com

Tel: 02087932769

VAT reg no 241730434

Thank you for visiting our site.

 

YOUR DATA & PHOTOS – LICENCE TO USE

 

PLEASE READ THE FOLLOWING CAREFULLY TO UNDERSTAND OUR PRACTICES REGARDING YOUR UPLOADING PHOTOGRAPHY AND RELATED INFORMATION.

BY UPLOADING PHOTOGRAPHY AT WWW.FACEOFSTOKE2021.COM & USING HASHTAG #faceofsot YOU ARE ACCEPTING THE TERMS OF THIS LICENCE AND GRANTING RIGHTS TO HELEN MARSHALL trading as The People’s Picture which is a site operated by Helen Marshall.

Helen Marshall is a sole trader registered in England and Wales (“we”, “us” or “our”). Our registered office is: ACME Studio 42,  Matchmakers Wharf, Homerton Road, Hackney, London E95GP.

We refer to the photography provided by you (Photography) for the purposes of a photo mosaic project (Project) for an artwork provisionally entitled [The Face of Stoke-on-Trent 2021] (Artwork). This licence is to confirm the agreement between us whereby you have agreed to grant to us a licence to exploit certain rights in the Photograph on the terms set out in this letter agreement. We have agreed the following:

1. 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 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 Artwork 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. PROJECT AND ARTWORK

2.1 Under this agreement we give you the opportunity to take part in the Project and whilst we will make efforts to include the Photography in the Artwork 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 and the Artwork whether alone or in conjunction with other works worldwide and in all media whether now known or hereafter devised.

2.4 By contributing to the Project you agree to provide us with your contact information which may include your name, address, e-mail address and phone number (Contact Information).

2.5 You agree that we can use your Contact Information for the following purposes: (a) to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us; (b) to provide you with information about other projects, artworks, goods and services we offer; (c) to provide you, or permit selected third parties to provide you, with information about project, goods or services we feel may interest you. (d) to notify you about changes to our service.

3. LICENSOR’S 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 licensing agreements which govern the use of Photography provided by third parties; (e) you shall comply with all laws and regulations as they relate to this agreement; (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 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 this agreement. 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 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 this agreement.

4. CREDIT

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 this agreement by us.

5. 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.

6. GOVERNING LAW This agreement 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.

7. 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 this agreement or its subject matter or formation.

If you have any questions regarding any of the above, please contact info@thepeoplespicture.com

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