Who we are and how to contact us: Picme is a content platform operated by Picme App Ltd (we/us/our). We are registered in England and Wales under company number 09590412 and have our registered office at 119 The Hub 300 Kensal Road, London, England, W10 5BE. To contact us, please email email@example.com. By downloading and using Picme, you agree that these Terms and Conditions (Terms) constitute a legally binding agreement between you and Picme and that these Terms govern your use of Picme and the relationship between you and Picme. We amend these terms from time to time.
Our Purchaser Policy
Our Contributor Policy
Fair Processing Notice
How you may use content on our app: Picme is the owner or the licensee of all intellectual property rights in Picme, 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 must not modify any materials that you download from our app in any way. Picme’s status (and that of any identified contributors) as the authors of content on Picme must always be acknowledged. You must not use any part of the content on Picme for commercial purposes without obtaining a licence to do so from Picme or Picme’s licensors.
How you may use our app: Picme grants to you a limited, non-exclusive, non-transferable and revocable license to use Picme – subject to the following terms:
- You agree that you will not violate any laws in connection with your use of Picme. It is your responsibility to obtain any permits or licenses that you require. You may not commit fraud, theft or any crimes against Picme, another Picme user, or a third party.
- You are responsible for paying all fees that you owe Picme. You are solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through Picme.
- The Picme name and logo may not be copied, imitated or used, in whole or in part, without the prior written permission of Picme. In addition, all page headers, custom graphics, button icons and scripts are service marks, marks and/or trade dress of Picme, and may not be copied, imitated or used, in whole or in part, without prior written permission from Picme.
- You agree that Picme is not responsible for, and does not endorse Content posted within the Service. Picme does not have any obligation to pre-screen, monitor, edit, or remove any Content.
Keep backups of your content. Although it is our intention for Picme to be available as much as possible, there will be occasions when Picme may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Picme reserves the right to remove any photographs, images, videos, usernames, passwords, descriptions, comments, reviews (Content) from Picme for any reason, without prior notice. Content removed from Picme may continue to be stored by Picme, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Picme encourages you to maintain your own backup of your Content. Picme will not be liable to you for any modification, suspension, or discontinuation of Picme, or the loss of any Content.
User-generated content is not approved by us. Our app includes information and materials uploaded by other users of the app, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our app do not represent our views or values. If you wish to complain about information and materials uploaded by other users, please contact us at firstname.lastname@example.org.
Our responsibility for loss or damage suffered by you whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- Different limitations and exclusions of liability will apply to liability arising as a result of the download of photographs to you, which will be set out in our Terms and Conditions of Purchase.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our app or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our app; or use of or reliance on any content displayed on our app. In particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
If you are a consumer user:
- We only provide our app for domestic and private use. You agree not to use our app for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not responsible for viruses and you must not introduce them. We do not guarantee that our app will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our app. You should use your own virus protection software. You must not misuse our app by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our app, the server on which our app is stored or any server, computer or database connected to our app. You must not attack our app 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 app will cease immediately.
Rules about linking to our app: You may link to our app, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
Which country’s laws apply to any disputes? These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
If you are submitting photos of race participants, you are a Contributor. Any content that you post to Picme is your content (Content). Your Content includes anything you submit, post, upload, or contribute to Picme (such as photographs, images, videos, usernames, passwords, descriptions, comments, reviews).
Responsibility for your Content. You understand that you are solely responsible for your Content. You represent that you have all necessary rights to your Content and that you are not infringing or violating any third party’s rights by posting it. You represent and warrant that: (i) you own the Content posted by you on or through Picme or otherwise have the right to grant the rights and licenses set forth in these Terms; (ii) the posting and use of your Content on or through Picme does not violate, misappropriate or infringe on the rights of any third party; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms.
Rights you grant Picme to your Content. By submitting your Content through Picme, you grant us a non-exclusive, fully paid and royalty-free, irrevocable, transferable, sub-licensable, worldwide, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivatives of your Content that you post on or through Picme. Picme may host, cache, store, archive, index, crawl, create algorithms based thereon, modify or transcode your Content to appropriate media formats, standards or mediums as part of the services Picme provides. Picme may use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works of, publicly perform, and publicly display your Content on Picme in any media format or medium and through any media channels. Picme may use your Content for promotional purposes, including without limitation, the right to publicly display, perform, reproduce and distribute your Content in any media format or medium and through any media channels. You waive all your rights to be identified or mentioned as photographer or copyright holder of the Content.
Rights you grant Purchasers of your Content. By submitting Content for sale or download by Purchasers you agree that you grant the Purchaser a non-exclusive, perpetual personal-use license to download and copy your Content subject to the following restrictions:
(i) This license is for personal use only. Personal use does not include commercial use of the Content. Content may not be used in any way whatsoever in which the Purchaser charges money, collects fees, or receives any form of remuneration. Content may not be used in advertising. Content may not be resold, relicensed, or sub-licensed (Content Licence).
(ii) Title and ownership, and all rights now and in the future, of and for the Content remain exclusively with the Contributor.
(iii) There are no warranties, express or implied. The Content is provided “as is”.
(iv) Neither the Contributor nor Picme shall be liable for any third party claims or incidental, consequential or other damages arising out of this license or Purchaser’s use of the Content.
Reporting unauthorised Content. If Content that you own or have rights to has been posted to Picme without your permission and you want it removed, please contact us email@example.com. If your Content infringes another’s intellectual property, Picme may remove it without notice.
Picme has a right to categorise the Content. The Content on Picme is categorised as editorial or commercial. Contributors may mark if Content should be categorised as either editorial or commercial, but Picme reserves the exclusive right to categorise Content at its own discretion.
Pricing of Content. By uploading Content to Picme, the Contributor agrees to have such Content published for sale on Picme at such terms and prices that Picme apply at the time of license purchase. Picme reserves the right at its own discretion to set the fee for the Content (Content Fee) for all Content Licenses to the Content published on Picme. Picme further reserves the right to adjust any such Content Fee upwards or downwards at its own discretion at any time, to run temporary promotional campaigns covering all or some of the Content on Picme.
If you are a race participant (or acting on behalf of a race participant) purchasing Content, you are a Purchaser. By purchasing Content you agree that you are receiving a non-exclusive, perpetual personal-use license to download and copy the Content subject to the following restrictions:
- This license is for the race participant captured in the Content only. Only this individual, or someone who is acting on behalf of the race participant may purchase the Content.
- This license is for personal use only. Personal use does not include commercial use of the Content. The Content may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. Content may not be used in advertising. Content may not be resold, relicensed, or sub-licensed.
- Title and ownership, and all rights now and in the future, of and for the Content remain exclusively with the Contributor.
- There are no warranties, express or implied. The Content is provided “as is”.
- Neither the Contributor nor Picme shall be liable for any third-party claims or incidental, consequential or other damages arising out of this license or your use of the Content.
- All such licenses are made directly between you and the Contributor and are merely facilitated by Picme.
For any purchase of a Content Licence, Content Fees, Licence Fees and Transaction Fees apply. For any purchase of Content Licenses executed through Picme, the Purchaser agrees to pay the defined price stipulated on Picme for the relevant Content (Content Fee). The Content Fee consists of:
- a one-time license fee paid by the Purchaser to the Contributor allowing for the Buyer to use the Content purchased in accordance with these Terms (License Fee); and
- a transaction fee paid by the Purchaser to Picme for its use of Picme to purchase the Content License (Transaction Fee).
The License Fee and the Transaction Fee (including applicable VAT) amounts to 100% each of the Content Fee. The License Fees generated by each Contributor are that Contributor’s Commissions.
If you are a Contributor, you will be given the option to allow your Content to be considered for a Mission. Picme partners with both events and event sponsors (Sponsor(s)). These Sponsors post a mission through Picme before an event which includes a brief and a description of content sought (Mission(s)). Sponsors and Picme select winners of Missions (Winners). Winners will receive cash or prizes or redeemable discounts at events or subsequently. Contributors to Missons assign to us and our successors in title the entire unencumbered copyright in the Content at our request to hold the same to us and our successors in title absolutely for the life of copyright therein and all renewals and extensions thereof now or hereafter permitted throughout the world. This assignment shall include any and all merchandising rights in the Content. Further, Contributors waive any and all moral rights you may have in respect of the Content and to the extent that you are not able to do so, you hereby agree not to assert any such rights against us or any of our licensees or successors in title.
Payment terms. Payment of the Content Fee is made by the Purchaser through the purchase process on Picme and the payment solution(s) made available on Picme. In relation thereto, Picme receives the License Fee on behalf of the Contributor and the Transaction Fee for its own account. All payments are final and binding and will not be refunded to a Contributor. Upon Picme’s receipt of the Content Fee, the Content will be released to the Purchaser for use in accordance with the Content License.
Release of commissions to Contributors. Commissions will be accumulated on each Contributor’s user account on Picme (User Account). The Contributor may request Picme to release the Commissions received by Picme on behalf of the Contributor through the “Cash Out” function connected to the User Account once the minimal Commission level, defined by Picme is reached. If such a release request is received by Picme not later than the last day of a calendar month, the balance on the User Account as of the date of the release request will be paid out at the end of the following calendar month as per the payment data registered by the Contributor. Said payment shall be considered as full payment for the Content Licenses sold by the Contributor. If the Contributor has not requested release of accumulated Commissions within 12 months from the date of sale of the Content License(s), or if the Contributor within the same period has failed to provide valid payment data enabling Picme to release accumulated Commissions, such Commissions will be forfeited by the Contributor and will accrue to Picme. Picme retains the right to adjust payments made to the Contributor and to reclaim any amount which incorrectly has been paid out to the Contributor, no matter the reason for such incorrect disbursement.
Picme is not responsible for disputes between Contributors and Purchasers. In the event of a breach by the Contributor or Purchaser of these Terms or in the event of any other claim directed by the Contributor towards the Purchaser or vice versa, such claims or disputes will need to be handled directly between the Contributor and the Purchaser.
Picme is a transaction platform. Contributor and the Purchaser recognise that Picme is not an auctioneer. Picme is not involved in the transaction between Contributor and Purchaser and shall not be held liable by any Contributor or Purchaser for any loss or damage arising out of in connection with any transaction made using Picme.
Damaged/corrupted Content. In the event any Content to which a Purchaser has purchased a Content License is damaged or corrupt, the Purchaser shall immediately upon receipt of such damaged/corrupt Content notify Picme at firstname.lastname@example.org. Provided that Picme can confirm that the Content delivered is damaged/corrupt, Picme shall provide the Buyer with a new, functioning version of the Content within 24 hours from Picme’s receipt of the claim. If Picme is not able to provide such a new, functioning version of the Content within the above time period, Picme shall reverse the transaction and refund the Content Fee paid by the Purchaser.
FAIR PROCESSING NOTICE
Your personal data
Picme App Ltd registered in England and Wales under company number 09590412 and registered office at 119 The Hub 300 Kensal Road, London, England, W10 5BE, will be what is known as the “Controller” of the personal data you provide to us.
Unless otherwise agreed with you, we will only collect basic personal data about you which does not include any special categories of personal information about you often known as “sensitive personal data”. The information gathered does include your name, registered email address, Facebook and Google account information (if used for registration). For security purposes we may need to match your face to your account to ensure that images of you are being used under a personal license and are being downloaded by the subject of the image.
When handling content uploaded onto Picme we may scrape data and information such as identifiable faces, identifiable text and identifiable colours.
Why we need it
We need to know basic personal data in order to provide you with the services you have engaged us to provide. If you do not provide this basic personal data we are unable to provide our services.
Image recognition software is implemented within our systems in order to provide our users with a seamless photo experience. We use text and facial recognition to filter photographs we show to our users, ensuring they are relevant. This is also a means of security.
What we do with it
All the personal data we hold about you will be processed by our staff in the United Kingdom and no third parties will have access to your personal data, unless agreed to or there is a legal obligation for us to provide them with this. Please be aware, however, that your information may be stored on a cloud-based system whose servers are located within the European Union.
We collect your personal data s soon as you register as a user on Picme. We take all reasonable steps to ensure that your personal data is processed securely.
How long we keep it
We will generally keep your personal information data for a minimum of 6 years, after which it will be destroyed if it is no longer required for the lawful purpose(s) for which it was obtained. If you consent to marketing, any information we use for this purpose will be kept with us until you notify us that you no longer wish to receive this information.
What we would also like to do with it
We would like to keep you updated with our product offerings and services. By agreeing to these terms and signing up to Picme, you are consenting to be sent our marketing information by email and your data will be shared with third party organisation MailChimp, who will contact you on our behalf.