Member T’s & C’s
By including your details on www.eposure.com website you (hereafter referred to as “you” or “the Member”) are agreeing to be bound by the terms and conditions set out below:
1. Information about us
1.1. www.eposure.com (“the Site”) is a site operated by Digital Creative Communities Limited (“we” or “Eposure”). We are registered in England and Wales under company number 07453516 and have our registered office at The Glades, Festival Way, Festival Park, Stoke on Trent ST1 5SQ. Our trading address is Unit 4 The Sharp Project, Thorp Road, Manchester M40 5BJ. We are limited company.
2. Aim of Eposure
2.1. Eposure operates a website which showcases the portfolios of practising commercial professional photographers, stylists, art directors and retouchers. It is aimed at advertising and design agencies, entertainment and modelling industries and any other industries which regularly have a requirement to use commercial professional photographers, stylists, art directors and retouchers. The Site aims to raise Members’ profiles, draw Members’ work to the attention of new customers and provide a convenient yet exciting online location which allows customers to browse through a wide range of portfolios without the need to scour the internet.
2.2. Where a user wishes to engage a Member whose details are included on the Site, they will need to register as a user of the site and thereafter contact the Member directly using the contact details provided on the Member’s profile page of the Site. Your contact details will not be available to non registered users of the Site. The Member is responsible for ensuring that an appropriate legally binding agreement with the customer (a “Contract”) is entered into.
3. Eposure Membership
3.1. Eposure only accepts photographers for inclusion on its website if they are practising commercial professional photographers. You may also become a member is you are a professional stylist, art director, retoucher or hold a similar position. Otherwise membership is granted at Eposure’s discretion. Eposure reserves the right to terminate a Member’s membership in the event that Eposure deems that the Member does not satisfy this membership requirement. Eposure regularly polices its Site to ensure that this provision is adhered to.
3.2. Membership is offered on a non-exclusive basis i.e. you are not prohibited from displaying your portfolio on other websites.
3.3. You may become an Eposure Member by subscribing on a rolling monthly basis or by subscribing on an annual basis. If you wish to terminate your membership you are required to give Eposure thirty (30) days’ written notice where your Membership is paid on a monthly basis or sixty (60) days’ notice (not to expire prior to the date six (6) months after the date that you registered as a Member of the Site) if you have subscribed on an annual basis, as set out at clause 16 below.
4. Membership Fee
4.1. Subject to any offers that we may have, Eposure charges a non-refundable fee in the amount stated on our website for including your details on its Site. This fee is payable in advance either monthly or annually on registering for membership of the Site. Where you terminate your annual membership after being a member for six (6) months pursuant to clause 16.3 we shall offer you a refund on a pro rata basis.
4.2. Failure to pay the membership fee when due may lead to Eposure removing your details from the Site.
4.3. This fee may be amended by Eposure on thirty (30) days’ notice.
5. Website Profile
5.1. Upon becoming an Eposure member you are responsible for maintaining your profile page on the site and ensuring that it is accurate. Eposure does not guarantee that you will receive any bookings due to your inclusion on the Site. The monthly membership fee is not refundable in the event that you do not get any bookings via the Site.
5.2. You may upload images which include a water mark. Further to uploading, the Site will automatically repurpose the size of your images to fit within the Site format. Thereafter it is your responsibility to check that the watermarks are visible and shown to your satisfaction on your images displayed on the Site. You must contact us at firstname.lastname@example.org to notify us in the event that you are not satisfied with the repurposing of your images. If you do not contact us, we will assume that you are satisfied with the repurposing of your images.
6. Licence of Content
6.1. During your membership of the Site (“the Term”) you grant to Eposure a non-exclusive licence to distribute any images, text, information (including your name and approved biography), approved likeness, data, software, audio or video material in whatever medium or form, or any other content, which you either upload to the Site or provide to us for inclusion on the Site (“the Content”) solely for the purposes of operating the Site. By granting this licence to us you will not be transferring ownership of the Content to us. For the avoidance of doubt you will retain the copyright in your photographs/ materials you upload to the Site.
6.2. The licence granted by you to Eposure pursuant to clause 6.1 permits Eposure to modify, electronically reproduce and distribute and publically perform and display the Content and any derivative works of the Content on the Site.
6.3. Only with your prior written consent will Eposure reproduce and distribute through any media now known or hereafter developed, excerpts of the Content in advertisements for the Site and in marketing and promotional material related to the Site.
6.4. In the circumstances set out at clause 6.3 Eposure shall use its reasonable endeavours to ensure that you are given an appropriate credit where your Content is included in any advertisements and promotional and marketing materials relating to the Site.
6.5. Where you wish to include any trade mark, trade names, service marks, URLs, logos, slogans or other identifying marks (“the Marks”) on your profile page on the Site you grant to Eposure a non-exclusive, non-transferable, non-assignable royalty free licence to use those Marks. Eposure shall use such Marks solely in connection with the Site including in respect of any advertising, marketing and promotional activities undertaken by Eposure, provided that all promotional literature and other materials prepared by Eposure will bear the appropriate copyright and/or trade mark notices as required by you and notified to Eposure.
7. Intellectual Property Rights
7.1. You are entitled to include a copyright notice or any other notices next to the Content on your profile page on the Site. You accept that the placing of such notices is your responsibility and Eposure accept no liability for your failure to include any such notices.
7.2. You warrant to Eposure that the Content and the Marks:
7.2.1. Do not infringe any third party’s Intellectual Property Rights, other proprietary rights or rights of privacy. For the purpose of these terms and conditions Intellectual Property Rights means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, Marks, patents, petty patents, utility models, design rights, database right and all rights in the nature of unfair competition rights or rights to sue for passing off;
7.2.2. Do not violate any law, statute, ordinance or regulation;
7.2.3. Are not defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
7.2.4. Are not obscene or pornographic or liable to incite racial hatred or acts of terrorism and do not contain child pornography;
7.2.5. Do not violate any laws regarding unfair competition, anti discrimination or false advertising; and
7.2.6. Do no contain any viruses Trojan horses, worms, timebombs cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
7.3. Any and all visitor data, such as name, address and email address that is collected through any user registration process or otherwise shall be owned by Eposure.
8.1. The Member shall indemnify Eposure in respect of all losses costs and expenses incurred by Eposure due to a breach of these terms and conditions by the Member. The indemnity shall extend to any amounts paid on a lawyer’s advice or in settlement of any claim.
9. Limitation of Liability
9.1. Eposure is not liable for any breach of Contract by the customer and shall have no liability whatsoever in contract, tort (including negligence) or otherwise for any loss, damage, costs, expenses or other claims for compensation suffered by the Member.
9.2. Except in respect of death or personal injury caused by Eposure’s negligence or liability arising from any fraudulent misrepresentation by Eposure. Eposure excludes all liability to the fullest extent permitted by law and Eposure’s total liability pursuant to these terms and conditions shall be limited to the value of the aggregate monthly fees paid to Eposure during the previous twelve month period at the time that the liability arose.
10.1. You are entitled to post or transmit to and from the Site including via any RSS feed, subject to such postings not being in breach of clause 7.2 above. Eposure reserves the right to edit any and/or remove your profile (in whole or in part) from the Site if this term is breached.
10.2. When using our site, you must comply with the provisions of our acceptable use policy [ACCEPTABLE USE POLICY]. In the event that there is any conflict between the terms of the acceptable use policy and these terms and conditions, these terms and conditions will prevail.
Any engagements which result from a user’s use of the Site will be concluded between you and the user outside of the Site. Eposure will not be a party to any Contract put into place between you and a Site user.
12. Status of Eposure
For the avoidance of doubt Eposure is not acting as an agent, or an employment agency or an employment business pursuant to the Employment Agencies Act 1973 or the Conduct of Employment Agencies and Employment Business Regulations 2003 (as amended). You are responsible for paying your own VAT, Income Tax and National Insurance contributions as applicable, on all earnings received pursuant to the Site.
You warrant that you have full power and authority to enter into this agreement.
14.Data Protection and Confidentiality
14.1. Any information that we hold about you will be processed in accordance with the principles set out in the Data Protection Act 1988.
14.2. If you choose, or you are provided with, an identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms.
15. Removal from the Site
15.1. Eposure reserves the right to remove any or all of your details from the Site in the following circumstances:
15.1.1. as set out a clause 10 above;
15.1.2. where you are in breach of clause 7.2 above; and
15.1.3. at Eposure’s sole discretion acting reasonably where Eposure considers that it is no longer appropriate for your details to be included on its Site including in the circumstances set out at clause 3.1 above.
16.1. Where you wish to terminate your membership you are required to provide written notice to Eposure at email@example.com. You are required to request a delivery receipt.
16.2. If you pay your membership fee on a monthly basis the notice period will expire thirty (30) days from the earlier of the date that you receive the delivery receipt or confirmation of the termination from Eposure. You will be liable for paying monthly fees each month on (or around) the same date of the month that you originally became a Member of the Site until your membership is terminated pursuant to this clause.
16.3. If you pay your membership fee on an annual basis, notice to terminate your membership may not expire prior to the date six (6) months after the date that you registered as a Member of the Site. Subject to your abiding with the preceding sentence of this clause 16.3, the notice period will expire sixty (60) days from the earlier of the date that you receive the delivery receipt or confirmation of the termination from Eposure.
The courts of England shall have exclusive jurisdiction over all claims or disputes arising pursuant to these terms and conditions and these terms and conditions are governed by English law.
Digital Creative Communities Limited (“We”) are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Digital Creative Communities Limited of Unit 4 The Sharp Project, Thorp Road, Manchester M40 5BJ.
1. Information we may collect from you
1.1. We may collect and process the following data about you:
1.1.1. Information that you provide by filling in forms on our site www.eposure.com (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site.
1.1.2. If you contact us, we may keep a record of that correspondence.
1.1.3. Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data and the resources that you access.
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
This cookie is essential for our site to enable us to:
– Recognise you when you return to our site.
– For analytical purposes to enable us to see how users use the site.
4. Where we store your personal data
4.2. We may export your information from the site to our email marketing house/ Mailchimp site in order that we can contact you as detailed in this policy. All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
4.3. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
5.Uses made of the information
5.1. We use information held about you in the following ways:
5.1.1. To ensure that content from our site is presented in the most effective manner for you and for your computer.
5.1.2. To provide you with information or services which we feel may interest you, where you have consented to be contacted for such purposes.
5.1.3. To allow you to participate in interactive features of our service, when you choose to do so.
5.1.4. To notify you about changes to our service.
5.2. We may also use your data, to provide you with information about goods and services which may be of interest to you and we may contact you about these by post or telephone.
5.3. If you do not want us to use your data in this way for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the registration form).
5.4. We may provide aggregate information about our users as a part of our promotion and marketing of the site (for example, we may state that 500 men in the UK have visited our site on any given day).
6.Disclosure of your information
6.1. We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
6.2. We may disclose your personal information to third parties:
6.2.1. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
6.2.2. If Digital Creative Communities Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its users will be one of the transferred assets.
7.1. You have the right to ask us not to process your personal data for our own marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org
7.2. Our site may, from time to time, contain links to and from the websites of our contributors, partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
10. Subject access requests
You have the right to see what personal data we hold about you. To obtain a copy of the personal information we hold about you, please write to us at DIRECTOR OF DATA PROTECTION REPRESENTATIVE, DIGITAL CREATIVE COMMUNITES. THE SHARP PROJECT, THORPE ROAD, MANCHESTER, M40 5BJ [PLEASE NOTE THAT WE RESERVE THE RIGHT TO CHARGE A FEE OF UP TO £10 FOR ANY SUCH REQUEST]
Acceptable Use Policy for www.eposure.com
This acceptable use policy sets out the terms between you and us under which you may access our website www.eposure.com (our site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use [Members Terms and Conditions / User Terms and Conditions]
1. Information About Us
www.eposure.com is a site operated by Digital Creative Communities Limited (“we” or “Eposure”). We are registered in England and Wales under company number 07453516 and have our registered office at The Glades, Festival Way, Festival Park, Stoke on Trent ST1 5SQ. Our trading address is Unit 4 The Sharp Project, Thorp Road, Manchester M40 5BJ. We are limited company. Our VAT number is GB 102 7662 38.
2.1. You may use our site only for lawful purposes. You may not use our site:
2.1.1. In any way that breaches any applicable local, national or international law or regulation.
2.1.2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
2.1.3. For the purpose of harming or attempting to harm minors in any way.
2.1.5. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
2.1.6. In any way which breaches clause 10.1 of our terms of website use [Acceptable use].
2.2. You also agree:
2.2.1. Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use [Acceptable use].
2.2.2. Not to access without authority, interfere with, damage or disrupt:
184.108.40.206. any part of our site;
220.127.116.11. any equipment or network on which our site is stored;
18.104.22.168. any software used in the provision of our site; or
22.214.171.124. any equipment or network or software owned or used by any third party
3. Interactive services
3.1. We may from time to time provide interactive services on our site, including, without limitation:
3.1.1. Chat rooms.
3.1.2. Bulletin boards.
3.1.3. Blog posts.
3.2. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
3.3. We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
3.4. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
3.5. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
4. Content standards
4.1. These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
4.2. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
4.3. Contributions must:
4.3.1. Be accurate (where they state facts).
4.3.2. Be genuinely held (where they state opinions).
4.3.3. Comply with applicable law in the UK and in any country from which they are posted.
4.4. Contributions must not:
4.4.1. Contain any material which is defamatory of any person.
4.4.2. Contain any material which is obscene, offensive, hateful or inflammatory.
4.4.3. Promote sexually explicit material.
4.4.4. Promote violence.
4.4.5. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
4.4.6. Infringe any copyright, database right or trade mark of any other person.
4.4.7. Be likely to deceive any person.
4.4.8. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
4.4.9. Promote any illegal activity.
4.4.10. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
4.4.11. Be likely to harass, upset, embarrass, alarm or annoy any other person.
4.4.12. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
4.4.13. Give the impression that they emanate from us, if this is not the case.
4.4.14. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
5. Suspension and termination
5.1. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
5.2.1. Immediate, temporary or permanent withdrawal of your right to use our site.
5.2.2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
5.2.3. Issue of a warning to you.
5.2.4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
5.2.5. Further legal action against you.
5.2.6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
5.3. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
6.Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this policy. You are expected to check this policy from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.