CLIENT TERMS
The Client terms & conditions were last updated on 16/03/2023
If you are using Press Loft as a brand, PR or digital marketing agency either for the duration of a free trial period or subscription period as further detailed below, these terms and conditions ("Client Terms") apply to you, in addition to the Terms of Use. In the event of any conflict between the Client Terms and the Terms of Use, the Terms of Use shall take precedence.
1. Trial Period, Subscription Period and Term
Trial Period: You can try out our Services (as described in the Terms of Use) free of charge, this trial period will commence when you sign up for our trial via Press Loft.
Subscription Period: If you like what we do, you can subscribe to our Services in a couple of ways:
• you can select an annual 12 month subscription, which can be paid upfront in full
• you can commit to a 12 month minimum subscription which then rolls to a 30 day rolling contract at the end of the first 12 months
• you can select an annual 12 month subscription, which can be paid upfront in full
or
• you can pay monthly on a 30-day rolling contract.
Rolling contracts will renew automatically until one of us decides to end the agreement (see section 7 below)
Term: The Term shall be the duration of any Trial Period and/or Subscription Period where we provide you with, and you receive, the Services in accordance with the Terms of Use.
2. Uploading and Licensing Client Content
As described in the Terms of Use, [B]Client Content[/B] means any visual content and textual material (including but not limited to photographs, images, videos, audio-visual clips, text, logos, trademarks, trade names, pdfs and press releases).
Uploading Client Content: You warrant that any Client Content you upload to Press Loft for use with the Services will comply with the Terms of Use and any other requirements set out or otherwise referred to, including the Acceptable Use Policy. You acknowledge that you will be liable to us and indemnify us for any breach of this section. This means that you will be responsible for any loss or damage we suffer as a result of any Client Content you upload which does not meet our required standards.
Intellectual Property Rights in Client Content: It is really important that you only upload Client Content that you have the necessary rights to upload. By uploading Client Content, you warrant that: (i) you own all rights (including intellectual property rights) in, or have all necessary licenses, rights, or permissions, needed in respect of, the Client Content to enable the grant of licences set out in these Client Terms; and (ii) Press Loft’s actions under such granted licences will not infringe upon any third party right.
Press Loft’s license to use Client Content: Any Client Content you upload will be considered non-confidential and non-proprietary. You retain all of your ownership rights in the Client Content, but you are required to (and by uploading or otherwise providing Client Content to Press Loft you do) grant us a perpetual, worldwide, non-exclusive, royalty-free, irrevocable, transferable, sublicensable licence to use, modify, reproduce, distribute and display the Client Content.
Registered User’s licence to use Client Content: You acknowledge that Registered Users (i.e. journalists, bloggers, social influencers, etc.) need to access the Client Content to use the Services and again you are required to (and by uploading or otherwise providing Client Content to Press Loft you do) grant to Registered Users an irrevocable, perpetual, royalty-free, non-exclusive licence to use the Client Content in accordance with the Services.
Use of Client’s trade name and trade marks: To enable us to advertise and promote our Services, you also grant us and the Registered Users an irrevocable, royalty-free, non-exclusive licence to use your Client name and Client trade marks which relate to the Client Content for the duration of the Term.
3. Use of Client Content
Editing and removing Client Content: You have the right to edit or remove, or can ask us to help with editing or removing, any Client Content and grant Registered Users the right to crop and alter the Client Content for their journalistic and promotional purposes, in compliance with the Acceptable Use Policy. Whilst we reserve the right to refuse, remove or update any Client Content that, in our opinion, it is inappropriate or does not comply with the Terms of Use, we are not under any obligation to monitor the Client Content for such compliance. You acknowledge that once Client Content is published, it may be accessed, downloaded and used by Press Loft users which means that, whilst we can remove it from the Image Library, we cannot further retrieve it.
Captions and Photo Credits: All Client Content must be accurately captioned and/or credited before it can be made available to all. There may be times where we assist with captioning the Client Content or providing photo credits. You acknowledge that we shall not be liable for any damage or loss suffered by you as a result of: (i) providing any caption, including for example where the information is inaccurate or misinterpreted by the reader; or (ii) any missing or incorrect photo credits.
Disclosing your identity: We have the right to disclose your identity to any third party who claims that any Client Content posted or uploaded by you to Press Loft constitutes a violation of their intellectual property rights, or their privacy rights.
4. Studio Content
As described in the Terms of Use, the Studio allows you and the Registered Users to collaborate and create content using our online design platform. Any content created using the Studio shall be referred to as Studio Content.
As well as being able to upload and use your Client Content and any other content you choose to upload and make available, the Studio allows you to use our templates, frames, stock images, shapes and patterns (known as elements) as well as content uploaded and made available by Registered Users and captions.
You acknowledge that we may (and may provide other Clients and Registered Users with the ability to) access, view, use and monitor all Studio Content as well as content you download from Press Loft whilst using the Studio. This is because we may make use of Studio Content for our own marketing purposes and we may track the access of Client Content to enable us to provide you and other Clients with some statistics around the use of Client Content.
5. Registered Users
Who are they? Registered Users could include journalists, bloggers and social influencers who are looking to connect and work with you to promote your brand and products.
Do we vet Registered Users? We do vet Registered Users but we cannot always guarantee that they are journalists, bloggers or social influencers. Because we have little control over the quality of the Registered Users, we cannot even guarantee that they will use the Client Content for the purposes intended by the Services. As such, any Client Content uploaded must be entirely at your risk.
Communications and agreements between you and Registered Users: We are not responsible for the contents of any communication between you and Registered Users using our Services. We are not responsible for any agreements, or negotiations in respect of agreements, between you and Registered Users that may stem from use of the Collaborations Alerts service.
6. Privacy and Data Protection.
When you communicate with Registered Users you may receive personal data (such as users’ name, address and shipping address) and you may determine what to do with the personal data you receive (e.g. communicate with Registered Users and enter into agreements with them). Under data protection laws, this means that you are an independent controller of any personal data you receive from Registered Users.
As a data controller, you have responsibilities to comply with applicable data protection laws (including the General Data Protection Regulation); to protect the Registered User’s personal data you receive or process; and to ensure you are using such personal data lawfully.
You must ensure that you do not disclose or share any personal data you obtain (whether directly or indirectly) through your use of Press Loft without having a lawful basis to do so. You will be responsible for any unlawful or unauthorised disclosure (including accidental loss of or access to personal data). To avoid this, you must ensure that any personal data you obtain is only used to fulfil any agreements you enter into with Registered Users.
You are responsible for ensuring that you do not use personal data for sending unsolicited communications or unauthorised transactions and you must not, without the explicit consent of the individual(s) to whom such personal data relates, add the user to any mailing list, identify them for marketing, or retain any payment information. Please be aware that you are solely responsible for determining the appropriate means of obtaining consent in accordance with the Data Protection Act 2018, the General Data Protection Regulation (EU) 2016/679, and/or the Privacy and Electronic Communications (EC Directive) Regulations 2003, and/or any other applicable legislation from time to time in the country in which you are based.
You will be responsible for protecting any user personal data that you receive or process in relation to your use of Press Loft and you agree to comply with all applicable legal requirements, including (without limitation) the implementation of appropriate technical and organisational measures for the processing of any personal data you process as a result of your use of Press Loft.
7. Termination
Trial Period: If you’re just trialling our Services then the Term will terminate automatically on the expiry of the Trial Period.
Subscription Period: If you’ve subscribed to our Services the Term will continue for the initial period selected (e.g. 30 days or 12 months) and will automatically renew if you have selected that option.
Suspension or termination: Without prejudice to any right or remedy we may have, we reserve the right to suspend or terminate your account (which may include removing Client Content) immediately: (i) for any breach, or if we suspected any breach, of the Terms of Use; (ii) where we suspect that you have caused or may cause liability to us.
Immediate termination: Either of us may terminate the Terms of Use immediately if: (i) the other is in material breach of the Terms of Use, and, if remediable, fails to remedy the breach within 7 days; or (ii) the other is unable to pay its debts or becomes insolvent or enters into or proposes any composition or arrangement with its creditors generally, or anything analogous to any of these events occurs.
Effect of termination: Upon termination of the Terms of Use: (i) all Fees due and payable to us become immediately due and payable; (ii) you will not be entitled to a refund for any pre-paid subscription fees if: (a) you terminate before the end of the current subscription period; or (b) you are in breach of the Terms of Use; (iii) your access to Press Loft shall be immediately revoked and you must at our option, return or destroy any copies of the materials you have; and (iv) Client Content may remain visible on Press Loft in our absolute discretion.
