Terms & Conditions

Last Updated: [10th Jan 2024]

Introduction

  1. myphotoshop hereinafter referred to as “we,” “us,” or “our,” is a trading name of Paul Rutter Ltd. These Terms of Service (“TOS”) govern the use of the myphotoshop website, a UK-based online marketplace for Photographic prints and Artworks
  2. By accessing or using the myphotoshop Websites, you (“you” or “Contributor”) agree to comply with and be bound by these TOS. If you do not agree to these terms, please do not use the myphotoshop Websites.

License

  1. By submitting Content to myphotoshop, you grant us a worldwide, sublicensable, non-exclusive right and license to index, analyse, categorize, archive, reproduce, prepare derivative works, publicly display, sell, advertise, and market the Content for any reasonable business purpose. This includes the distribution of your Content to other myphotoshop customers, optimizing the performance and operation of myphotoshop platforms and services, and developing new features and products.
  2. You grant myphotoshop a non-exclusive right to use your name, display name, and Content in connection with myphotoshop ‘s marketing and promotional activities without compensation to you.
  3. myphotoshop may license Content through any of its brands and platforms for use in perpetuity, according to license agreements entered into by myphotoshop.

Ownership of Content

The copyrights in all Content remain with the copyright owner. By submitting Content, you waive artists’ authorship rights or moral rights under applicable laws, allowing customers to use your Content in accordance with the licenses issued by myphotoshop.

Releases

  1. You agree to provide valid and accurate model releases for Content with identifiable faces or figures, and property releases as deemed necessary by myphotoshop.
  2. You are responsible for retaining all original releases and maintaining complete and accurate release records.
  3. Falsified, inaccurate, or defective releases are a material breach of the TOS.

Accounts

  1. You agree to provide true and complete information for your myphotoshop account and Content.
  2. Opening a myphotoshop account implies consent to the myphotoshop Privacy Policy.
  3. myphotoshop may refuse to establish or close an account for various reasons, including fraud, intellectual property infringement, or violation of guidelines.
  4. Your account termination will not affect existing licenses for your Content.
  5. You may not hold more than one active contributor account without written consent from myphotoshop.

Content

  1. myphotoshop may refuse or remove Content for any reason, including legal concerns or violations of the TOS.
  2. Licenses issued for removed Content remain in effect.
  3. myphotoshop will not knowingly license model-released Content for inappropriate contexts.

Content Submission Guidelines

Contributors must adhere to myphotoshop ‘s Contributor Guidelines. Failure to comply may result in account termination.

Community Conduct Guidelines

  1. Contributors must follow myphotoshop’s Community Guidelines when interacting with employees and other contributors. Violation may result in account termination.
  2. These TOS are a legally binding agreement between you and myphotoshop. Please read them carefully and ensure your understanding before using the Myphotoshop Websites. These terms may be updated, and your continued use of the myphotoshop Websites implies acceptance of any changes.

Myphotoshop Trademarks

  1. For the purposes of the TOS, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Myphotoshop.
  2. Nothing contained herein grants or shall be construed to grant you any rights to use any myphotoshop Trademarks.
  3. You agree that you will not use myphotoshop ‘s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or myphotoshop. Nor will you contest or otherwise challenge the validity of any of myphotoshop Trademarks or the Trademark rights claimed by myphotoshop.
  4. You may not use myphotoshop’s trademarks in any form without permission.
  5. You agree that you will not use any myphotoshop Trademarks or any variant thereof (including misspellings) as a domain name, as part of a domain name, as part of a blog name or social media handle or channel, or as a metatag, keyword, or any other type of programming code or data.
  6. The look and feel of the myphotoshop Websites, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of myphotoshop and may not be copied, imitated or used, in whole or in part, without the prior written consent of myphotoshop. Please do not copy, frame, or hotlink to the myphotoshop websites without permission.

Copyright Infringement Claims

  1. You hereby grant myphotoshop the right and authority to take such steps as myphotoshop deems commercially reasonable to protect myphotoshop’s rights in the Content.
  2. If you suspect potential misuse of your content by a myphotoshop customer, please contact us with the details before taking any action directly.
  3. If you believe that a myphotoshop license to your Content is being misused, you shall take no action against a Myphotoshop licensee without providing notice of such misuse to myphotoshop and receiving myphotoshop ‘s prior written consent to such action.
  4. myphotoshop has no obligation to pursue legal action against any alleged infringer of any of your rights in and to any Content.
  5. In the event of a complaint about your Content, myphotoshop may suspend access to such Content and terminate your account, pursuant to our Policy.
  6. If you knowingly or repeatedly submit false copyright infringement claims and takedown notices to myphotoshop, myphotoshop reserves the right to disable or delete your account with no further notice to you.

Representations and Warranties

  1. You represent and warrant that:
  2. You have the full right, power, and authority to enter into this agreement and to fully perform all of your obligations hereunder.
  3. You are legally able to enter into this agreement, and none of the content you submit will violate any laws or infringe any third party’s rights.
  4. You are not under any legal disability or contractual restriction that prevents you from entering into this agreement.
  5. You are at least 18 years of age.
  6. The Content and all parts thereof are owned and/or controlled by you, unencumbered and original works capable of copyright protection.
  7. If the Content contains sound recordings, music, and/or lyrics, you own or have acquired all rights to use such elements.
  8. If the Content consists of design elements, fonts, clipart, sprites, vectors, brush tools, etc., you have the necessary license to incorporate such elements.
  9. The Content is neither obscene nor defamatory, does not violate any applicable laws and/or regulations, and does not infringe the copyright or any other rights of any third party.
  10. You possess valid Credentials for each item of “Editorial Use Only” Content for which credentials may be required.
  11. There is no suit, action, or claim now pending or threatened which might directly or indirectly affect the Content or impair the rights granted by you hereunder.
  12. You will not engage in spamming or false advertising to publicize your relationship with myphotoshop.
  13. You are not subject to any economic sanctions or trade embargoes and are not included on any sanctions list in the United Kingdom, Canada, United States, or the European Union.

Myphotoshop represents and warrants that:

It has the power and authority to enter into this agreement and to fully perform all of its obligations hereunder.

Confidentiality

By submitting any Content to myphotoshop, you acknowledge that you will acquire certain confidential and proprietary information, including but not limited to royalty rates, royalty payments, and earnings data (collectively, “Confidential Information”). You agree to keep Confidential Information confidential and to not disclose it to any third party other than representatives, agents, attorneys, accountants, auditors, and advisors who shall first agree to keep the terms confidential. Please do not disclose confidential information about your myphotoshop account.

Indemnification

  1. You agree to indemnify and hold myphotoshop, its subsidiaries, affiliates, directors, officers, and employees harmless from and against any and all claims, losses, damages, costs, and expenses arising out of any breach or claimed breach of any of your representations or warranties or any of your obligations under the TOS.
  2. myphotoshop shall indemnify and hold you harmless from and against any and all claims, losses, damages, costs, and expenses arising out of any breach or claimed breach of any of myphotoshop ‘s representations or warranties or any of myphotoshop’s obligations pursuant to the TOS.
  3. myphotoshop, when indemnifying, shall defend such claims, control litigation, and settle claims in its sole discretion. If a settlement creates a financial obligation for you, it shall require your written consent, which you will not unreasonably withhold or delay.
  4. When indemnification is sought due to a legal claim by a third party, the indemnified party shall promptly notify the indemnifying party of the claim and give the indemnifying party the opportunity to defend the claim with counsel reasonably acceptable to the indemnified party. The indemnified party agrees to cooperate with the indemnifying party in the defence of any claim, at the indemnified party’s expense.

Arbitration

This “Arbitration Agreement” applies to all claims or controversies and mandates that disputes will be resolved by final and binding arbitration rather than in a court of law or before any other forum.

Electronic Communications Delivery

  1. You agree and consent to receive all communications, agreements, documents, notices, and disclosures (“Communications”) that myphotoshop provides in connection with your Content and your account.
  2. It is your responsibility to keep your primary email address up to date so that myphotoshop can communicate with you electronically.

Miscellaneous

  1. The relationship of the parties is that of independent contractors, and there is no relationship of partnership, joint venture, employment, franchise, or agency created hereby between the parties.
  2. The TOS contains the entire understanding of the parties with respect to the subject matter covered herein and supersedes any prior agreements with respect to such subject matter.
  3. The validity, interpretation, and enforcement of the TOS shall be governed by UK Law.
  4. If any individual term of the TOS is found to be invalid or unenforceable, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term or any other part of the TOS.
  5. myphotoshop will not be liable for any damages arising from the submission or use of your Content.
  6. myphotoshop reserves the right to modify these terms at any time. Changes will be notified to you, and your continued use of myphotoshop constitutes acceptance of the modified terms.
  7. In the event of a breach, myphotoshop has the right to terminate your account without further notice.
  8. This TOS is entered into solely for the mutual benefit of the parties herein, and no benefits, rights, duties, or obligations are intended by this TOS as to third parties.
  9. Due to the bespoke nature of the prints we are supplying other than for defects to the prints we do not accept returns, any defects must be evidenced with a photograph within 24 hours of them being received.
  10. By submitting any content to myphotoshop and/or participating in the forums, you agree to be bound by this TOS, and myphotoshop’s Website Terms of Use and myphotoshop ‘s Privacy Statement, both of which are deemed incorporated herein by this reference.

Order Irrevocability and No Returns Policy:

All orders placed through myphotoshop are customized and made to order. Once an order is acknowledged, it becomes irrevocable, unless there is a print defect or damage from transit, which you must have evidenced this defect or damage in transit within 24 hours of receipt of your goods with photographic evidence to be eligible for a return or refund. your order is not eligible for a refund due to a change of mind or dissatisfaction with the item. myphotoshop strictly adheres to a no-returns policy.

Effective as of 30th January 2024.