LAST MODIFIED: 14 January 2025
1. Introduction
1.1. ImageRelease Ltd is the owner and operator of the ImageRelease™ web-based and mobile application-based platform (together, the Platform). ImageRelease Ltd (we, us or our) is a company registered in England and Wales with company number 16166644, whose registered office address is at 1 Fisher Lane, Bingham, Nottingham, England, NG13 8BQ.
1.2. The Platform provides digital services for the creation, execution, management and storage of image releases and related documentation (the Services). As a guest user, you will have access to specific features of the Platform as set out in these Terms and Conditions.
2. The agreement between you and us
2.1. These Terms and Conditions (the Terms) set out the agreement between you, as a guest user of the Platform (you) and us. Please read these Terms carefully before you create a guest account and start using the Platform. By creating a guest account and accessing or using the Platform, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you must not create a guest account or use the Platform.
2.2. These Terms govern any use by you of the Platform as a guest user, whether through our website, mobile application, or related software. Separate terms apply to paid subscribers of the Platform.
2.3. These Terms incorporate our Privacy Policy, Cookie Policy, Platform Terms of Use, Acceptable Use Policy and any additional terms specific to particular services or features that we may introduce from time to time. Together, these documents form a legally binding agreement between you and us (the Agreement).
2.4. These Terms supersede any previous agreements or arrangements between you and us in relation to the Platform or our Services.
3. Guest user access and account creation
3.1. Guest user access to the Platform is available only by invitation from us, or from a paid subscriber of the Platform. You will receive an email via the Platform to inform you that you have been invited to access the Platform as a guest user.
3.2. We will create a guest account (Your Account) for you. In order to activate Your Account, you must:
3.2.1 follow the link in the invitation email to complete the registration process for Your Account;
3.2.2 create secure login credentials; and
3.2.3 provide accurate and complete registration information.
3.3. Once you have activated Your Account, you may:
3.3.1 access certain features of the web-based Platform; and
3.3.2 download and access our mobile application (the App) which forms part of the Platform, and which is available free of charge to guess users who have created an account.
3.4. You are responsible for:
3.4.1 making all arrangements necessary to access the Platform, including obtaining and maintaining suitable internet connectivity and compatible devices;
3.4.2 maintaining the confidentiality of Your Account credentials;
3.4.3 all activities that occur under Your Account;
3.4.4 ensuring that all information provided during registration remains accurate and advising us of any changes;
3.4.5 promptly notifying us of any unauthorised access to Your Account or security breaches.
3.5. By activating Your Account and using the Platform, you represent and warrant that:
3.5.1 you are at least 18 years of age;
3.5.2 you have the legal capacity to agree to these Terms;
3.5.3 you will only use the Platform for lawful purposes and in accordance with these Terms and our Acceptable Use Policy.
4. Services available to you as a guest user
4.1 As a guest user, you may:
4.1.1 download and use the App to create, view, and arrange signature of image releases and associated documents on behalf of any paid subscriber to the Platform who has invited you to do so; and
4.1.2 access and download signed releases and associated documents created by any paid subscriber who has granted you access to those documents.
4.2 In accessing the Platform (including the App), and using the services referred to in Clause 4.1 (the Services) you must:
4.2.1 comply at all times with the terms of the Agreement between you and us; and
4.2.2 comply with the instructions of the paid subscriber on whose behalf you are acting or who has granted you access, save insofar as they conflict with the terms of the Agreement.
5. Restrictions on use
5.1 You must not:
5.1.1 share Your Account credentials with any other person;
5.1.2 allow multiple persons to access the Platform through Your Account;
5.1.3 access another person's account without permission;
5.1.4 attempt to access any documents or information stored on the Platform, other than those to which a paid subscriber has expressly granted you access;
5.1.5 attempt to circumvent or disable any security features;
5.1.6 sell, transfer or licence Your Account to any other person; or
5.1.7 use the Platform for any purpose other than those guest user purposes explicitly permitted under these Terms.
5.2 Your guest access to the Platform may be terminated, and Your Account disabled, if you fail to comply with any of the terms of the Agreement.
6. Image release templates and usage rights
6.1. You may be granted access by a paid subscriber with whom you work to a range of image release templates via the Platform, in relation to a particular shoot or project. These image release and associated templates (the Templates) may include: model releases; location releases for buildings, locations, and spaces; artwork releases; property releases; minor model releases for photographed subjects under the age of 18; and such other image release templates as we may make available to paid subscribers from time to time.
6.2. All our Templates are provided by us subject to the following conditions:
6.2.1 our Templates are provided for information and self-help purposes only. They do not constitute legal advice from qualified lawyers, and may not be relied upon as such;
6.2.2 our Templates are provided on an “as is” basis to our paid subscribers as a starting point for them to adapt and prepare finalised image releases and associated documents for signature;
6.2.3 it is the responsibility of the paid subscriber to ensure the Templates are suitable for their specific requirements and circumstances, and to seek their own legal advice if necessary;
6.2.4 we make no warranty as to the suitability of our Templates for specific circumstances or needs or for any particular purpose;
6.2.5 we make no warranty that the Templates are legally correct, enforceable, current or up-to-date at the time you or any paid subscriber access or use those Templates;
6.2.6 any adaptations to the Templates are carried out at the user’s own risk, and we make no representations regarding the legal effectiveness of any adapted Template.
6.3. The Templates constitute our intellectual property. We grant you a limited, non-exclusive, non-transferable licence to use the Templates for the purpose of creating, viewing, executing and sending image releases in connection with the internal business purposes of the paid subscriber who has granted you access to a particular shoot or project, and for no other purpose. This licence permits you to:
6.3.1 access Templates on the Platform;
6.3.2 create image releases and related documents from the Templates; and
6.3.3 arrange execution of those image releases and related documents, and share those executed documents with the paid subscriber who granted you access.
6.4 You may not:
6.4.1 resell, licence, sublicence, distribute, or otherwise share blank Templates with any third party;
6.4.2 claim any intellectual property rights in the Template contents, design or underlying legal language;
6.4.3 remove, modify or obscure any copyright notices, attributions or proprietary markings on the Templates;
6.4.4 use the Templates for any unlawful purpose or in any way that infringes our intellectual property rights in the Templates or the rights of any third party;
6.4.5 attempt to reverse engineer or otherwise extract the Template structure or design for the purpose of creating competing products.
6.5 The paid subscriber who has granted you access to a particular shoot or project will retain all rights in the completed image releases generated through the Platform in relation to that shoot or project, subject to our storage and processing rights on the Platform and the data protection rights of individuals referred to in or identifiable from their contents.
6.6 Any dispute between you and the paid subscriber on whose behalf you have created, viewed or arranged execution of image releases and image releases and related documents shall be resolved between you and that paid subscriber, and we shall have no liability in relation thereto.
7. Electronic Signature Services
7.1 The Platform provides secure electronic signature capabilities that are designed to enable the valid execution of customised image releases and related documents (the Electronic Signature Service).
7.2. Our Electronic Signature Service is provided in accordance with the Electronic Identification and Trust Services for Electronic Transactions (Amendment) (EU Exit) Regulations 2018 (UK eIDAS Regulation), and on the following basis:
7.2.1 we do not authenticate users' signatures or identities;
7.2.2 we do not collect certification or third party verification to validate electronic signatures;
7.2.3 you agree, and will use your best endeavours to ensure that other signatories agree, that electronic signatures created through the Platform will have the same legal effect as handwritten signatures; and
7.2.4 you will not, and will use your best endeavours to ensure that other signatories will not, challenge the validity, enforceability or admissibility of any release or other document signed via the Platform solely because it was executed electronically.
8. Document access
8.1 We provide secure cloud storage for all image releases and related documents created on or uploaded to the Platform by our paid subscribers (the Content).
8.2 The Platform provides document management features that enable our paid subscribers to organise, access, and share their Content. A paid subscriber may grant you access and download their Content through the Platform's sharing features.
8.3 When accessing a paid subscriber’s Content via the Platform, you must only access, download, use, store and share that Content in accordance with:
8.3.1 the terms of your agreement with that paid subscriber;
8.3.2 your obligations under the Data Protection Legislation and the applicable law; and
8.3.3 our intellectual property rights as set out in these Terms.
9. Access to the Platform
9.1 We do not warrant that:
9.1.1 your use of the Platform will be uninterrupted or error-free;
9.1.2 the Platform, the Services or the Templates will meet your requirements;
9.1.3 the Platform will be free from vulnerabilities or viruses; or
9.1.4 the Platform will comply with any heightened cybersecurity requirements relating to security of network and information systems and security breach and incident reporting requirements, including but not limited to the Cybersecurity Directive ((EU) 2016/1148), Commission Implementing Regulation ((EU) 2018/151), the Network and Information systems Regulations 2018 (SI 506/2018).
9.2 We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you and we acknowledge that the Platform and the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
10. Data Protection and Privacy
10.1 In collecting, storing and processing personal data through the Platform, we comply with all applicable data protection laws and regulations, including but not limited to the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and the Privacy and Electronic Communications Regulations 2003 (as amended) (together the Data Protection Legislation).
10.2 We process information relating to Your Account and your Platform usage data as a data controller in accordance with our Privacy Notice.
10.3 When collecting, using, sharing, transferring or processing any personal data through the Platform, you must comply:
10.3.1 with the Data Protection Legislation; and
10.3.2 with any instructions given to you by any paid subscriber on whose behalf you are collecting, using, sharing, transferring or processing that data through the Platform.
11. Intellectual Property Rights
11.1 All intellectual property rights in the Platform are owned by us or our licensors. This includes (but is not limited to) all intellectual property rights in:
11.1.1 the Platform's software code, architecture, and infrastructure;
11.1.2 the Platform's user interface design and visual elements;
11.1.3 the Templates;
11.1.4 the Platform's documentation and any guides or support materials;
11.1.5 our trademarks, logos, and brand assets;
11.1.6 the Platform's databases and data structures;
11.1.7 any and all improvements or modifications to any of the above.
11.2 Subject to your compliance with the terms of the Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Platform for the purposes permitted under these Terms, and for no other purpose. We shall have the right to terminate that licence at any time and for any reason.
11.3 You shall not, and shall not permit any other party to:
11.3.1 copy, modify, duplicate, adapt, translate, or create derivative works from the Platform or any part of it in any form;
11.3.2 attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of the Platform;
11.3.3 remove, obscure, or alter any copyright, trademark, or other proprietary rights notices displayed in or along with the Platform;
11.3.4 rent, lease, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform to any third party, other than as a paid subscriber or registered guest user;
11.3.5 access or use the Platform to create a competing product or service;
11.3.6 use the Services or the Platform to provide similar services to third parties;
11.3.7 attempt to circumvent or disable any security or technological features of the Platform; or
11.3.8 access or use the Platform in a manner that exceeds your authorised access.
12. Acceptable Use
12.1 You shall use the Platform only for lawful purposes and in accordance with the terms of the Agreement. You agree to use the Platform in compliance with all applicable laws and regulations, including but not limited to the Data Protection Legislation and privacy laws (including the laws relating to image rights) and intellectual property laws.
12.2 You shall take reasonable steps to maintain the security of your Platform access, including ensuring that you:
12.2.1 keep your account credentials confidential;
12.2.2 use strong passwords and change them regularly;
12.2.3 implement appropriate security measures;
12.2.4 promptly notify us of any security breaches;
12.2.5 ensure your systems and software are free from viruses and malware;
12.3 You must only use the Platform and the Services in a manner which is consistent with our intellectual property rights and your obligations under Clause 11.
12.4 You must not:
12.4.1 gain unauthorised access to the Platform or related systems;
12.4.2 disable, overload, or impair the proper working of the Platform;
12.4.3 circumvent any Platform limitations or security measures;
12.4.4 introduce any viruses, trojans, worms, or other harmful material;
12.4.5 use any automated tools or scripts to access the Platform;
12.4.6 conduct security scans or penetration testing without our prior written consent;
12.4.7 interfere with other users' access to the Platform;
12.4.8 monitor Platform availability or performance without authorisation.
12.5 When using the Platform or the Services, you shall not upload, create, or transmit any content that:
12.5.1 infringes any intellectual property rights;
12.5.2 is unlawful, harmful, threatening, defamatory, obscene, or harassing or racially or ethnically offensive;
12.5.3 facilitates or promotes illegal activities or contains illegal material;
12.5.4 contains personal data in violation of the Data Protection Legislation;
12.5.5 depicts sexually explicit images;
12.5.6 is discriminatory;
12.5.7 breaches any third party’s rights or privacy;
12.5.8 is otherwise illegal or causes damage or injury to any person or property;
12.5.9 otherwise breaches our Acceptable Use Policy.
13. Third party websites and providers
The Platform may enable you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites. If you choose to do so, you understand that you do so solely at its own risk. We make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party website, or any transactions completed, and any contract entered into by you, with any such third party. We recommend that you refer to the third party's website terms and conditions and privacy policy prior to using the relevant third-party website. We do not endorse or approve any third-party website nor the content of any of the third-party websites made available via the Platform.
14. Limitation of Liability
14.1. Except as expressly and specifically provided in these Terms:
14.1.1 you assume sole responsibility for your use of the Platform and the Services. We shall have no liability for any damage caused by errors or omissions made by you when using the Platform or the Services;
14.1.2 all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from the Agreement; and
14.1.3 the Platform and the Services are provided to you on an "as is" basis.
14.2 Nothing in these Terms excludes our liability for:
14.2.1 death or personal injury caused by our negligence; or
14.2.2 fraud or fraudulent misrepresentation.
14.3 Subject to Clause 14.2, we shall not be liable to you for any:
14.3.1 loss of profits;
14.3.2 loss of business;
14.3.3 loss or corruption of data;
14.3.4 special, indirect or consequential loss.
14.4 Our total liability to you shall not exceed £100.
15. Indemnity
15.1 You agree to defend, indemnify, and hold harmless us and our licensors (where applicable) from and against any claims, actions, proceedings, losses, damages, expenses and costs (including reasonable legal costs and fees) arising out of or relating to:
15.1.1 your use of the Platform or Services;
15.1.2 your breach of the Agreement or of our Acceptable Use Policy;
15.1.3 any breach by you of any intellectual property, data protection rights, privacy, publicity, image rights or other right of any person or entity;
15.1.4 Your violation of any other applicable laws, regulations, or third-party rights;
15.1.5 any claim brought against us by a third party as a result of your actions or omissions;
15.1.6 your negligence or willful misconduct; or
15.1.7 any misrepresentation made by you.
16. Term and termination
16.1 You may terminate the Agreement and close your Account at any time in the ‘Your Account’ section of the Platform.
16.2 We may terminate the Agreement and remove your access to Your Account at any time, by written notice to you via the email address you have provided. This may occur for example if we cease to provide the Platform or the Services, or if you breach the terms of the Agreement.
16.3 Upon termination of the Agreement:
16.3.1 your access to the Platform and the Services shall cease;
16.3.2 all licences granted under these Terms shall immediately terminate; and
16.3.3 all our accrued rights and liabilities shall survive termination.
17. Force Majeure
We shall not be in breach of the Agreement or otherwise liable for any delay or failure in the performance of our obligations for so long as and to the extent that such delay or failure results from events, circumstances or causes beyond our reasonable control.
18. Variation
We reserve the right to amend these Terms from time to time. Your continued use of the Platform following any change constitutes acceptance of the amended Terms. These Terms were last updated on 14 January 2025.
19. Severance
If any provision or part-provision of these Terms or the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms or the Agreement.
20. Entire agreement
The Agreement constitutes the entire agreement between you and us and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances and understandings between them, whether written or oral, relating to its subject matter.
21. Assignment
21.1 You shall not, without our prior written consent, assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of your rights and obligations under the Agreement.
21.2 We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of our rights and obligations under the Agreement.
22. Third party rights
These Terms and the Agreement do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce their terms.
23. Contacting Us
Our company details
Company name: ImageRelease Ltd
Registered Office: 1 Fisher Lane, Bingham, Nottingham, England, NG13 8BQ
Company Registration Number: 16166644
Customer support and technical enquiries:
Email: help@imagerelease.uk
Hours of operation: 8.30 a.m. - 5.30 p.m. (UK time)
Legal notices under the Agreement and formal communications:
Email: legal@imagerelease.uk
The above contact details may not be used for the service of any proceedings or other documents in a legal action or other method of dispute resolution.
24. Governing law
The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of England and Wales.
25. Jurisdiction
You and we irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).