Terms and Conditions

1. Introduction

Welcome to ShareMyImages.com (the "Platform", "Site", "we", "us", or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website, mobile applications, and any related services we provide (together, the "Services").

By creating an account, uploading any content, or otherwise using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.

These Terms form a legally binding agreement between you ("you", "your", or "User") and Grenfell Studios Limited, the company that operates ShareMyImages.com, registered at 201 North Road, North East Valley, Dunedin 9010, New Zealand under NZBN 9429041327876.

2. Definitions

• "Account" means the user account you create on the Platform.
• "Content" or "User Content" means any photograph, image, caption, comment, metadata, or other material you upload, post, or transmit through the Services.
• "Intellectual Property Rights" means copyright, moral rights, trade mark rights, design rights, database rights, rights in confidential information, and all other intellectual property rights, whether registered or unregistered, anywhere in the world.
• "Promotional Use" has the meaning given in Section 6.

3. Eligibility and Account Registration

3.1 Minimum age

You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) to create an account. By registering, you confirm that you meet this requirement.

3.2 Accurate information

You agree to provide accurate, current, and complete information during registration and to keep your account details up to date.

3.3 Account security

You are responsible for safeguarding your password and for all activity that occurs under your account. You must notify us immediately at help@sharemyimages.com if you suspect unauthorised access.

3.4 One account per user

You may not create multiple accounts, use someone else's account, or transfer your account to another person without our written consent.

4. Your Content: Ownership

4.1 You retain ownership

You retain all ownership and Intellectual Property Rights in the Content you upload to the Platform. Uploading Content to ShareMyImages.com does not transfer ownership of that Content to us. The photographs and other materials you share remain yours.

4.2 Responsibility for your Content

You are solely responsible for the Content you upload, including its legality, accuracy, and the consequences of sharing it. We do not endorse, verify, or claim ownership of User Content.

5. Your Content: Licence Granted to Us

5.1 Licence grant

While you retain ownership of your Content, by uploading or otherwise submitting Content to the Services, you grant us a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sub-licensable licence to host, store, reproduce, modify (including by cropping, resizing, colour-correcting, or reformatting), create derivative works from, publicly display, publicly perform, distribute, and otherwise use your Content for the following purposes:

1. operating, providing, and improving the Services (including displaying your Content to other Users in accordance with your privacy settings);
2. promoting, marketing, and advertising the Services and our business, including without limitation on our social media channels (such as Instagram, TikTok, X, Facebook, Pinterest, YouTube, LinkedIn, and any successor or equivalent platforms); our own websites, newsletters, blogs, and press materials; third-party advertising platforms, including paid digital advertising, sponsored posts, and influencer collaborations; and offline marketing materials, such as print advertising, trade-show displays, brochures, and merchandise samples;
3. producing showreels, case studies, portfolios, and editorial features that demonstrate how the Platform is used;
4. any other reasonable promotional, marketing, or editorial purpose connected with the Services (together, "Promotional Use").

5.2 Attribution

Where reasonably practicable, we will credit you by your username or display name when we use your Content for Promotional Use. We have put considerable effort in to making that a core part of these services. However, attribution may not always be possible (for example, in short-form video formats or paid advertising banners) and the absence of credit will not be a breach of these Terms.

5.3 No additional compensation

You acknowledge that the licence granted under Section 5.1 is granted in exchange for our provision of the Services and that you will not be entitled to any payment, royalty, or other compensation in connection with our Promotional Use of your Content.

5.4 Duration of licence

The licence in Section 5.1 continues for as long as your Content remains on the Platform. If you delete Content or your account, the licence will terminate within a reasonable period, except that:

• we may retain and continue to use copies of your Content already incorporated into Promotional Use materials produced before deletion (for example, a printed brochure, a published advertisement, or a social media post that remains live);
• we may retain backup or archival copies for a reasonable period for legal, technical, or audit purposes;
• Content that has been shared with other Users may continue to exist in their accounts or downloads to the extent permitted by their use of the Services.

5.5 Opt-out from Promotional Use

You may request that we stop using your Content for new Promotional Use by contacting hello@sharemyimages.com or by deleting your content. We will use reasonable efforts to comply with such requests for future Promotional Use, but Section 5.4(a) will continue to apply to materials already produced.

5.6 Licence to other Users

Where you choose to make Content publicly visible on the Platform, you also grant other Users a limited licence to view, like, comment on, and share that Content within the Platform's intended functionality. This does not authorise other Users to download, reproduce, or commercially exploit your Content outside the Platform.

5.7 Moral rights

To the extent permitted by applicable law, you waive (and agree not to assert) any moral rights you may have in your Content against us, our successors, assignees, and sub-licensees in connection with the uses permitted under these Terms.

6. Your Representations and Warranties

By uploading Content, you represent and warrant that:

1. you are the sole author and owner of the Content, or you have obtained all necessary rights, licences, consents, and permissions to upload it and to grant the licence in Section 5;
2. the Content does not and will not infringe the Intellectual Property Rights, privacy rights, publicity rights, or any other rights of any third party;
3. where the Content depicts identifiable individuals, you have obtained all necessary model releases and consents (including, where applicable, consents from parents or guardians of minors) authorising both the upload of the Content and its use for Promotional Use as described in Section 5. This requirement does not apply to Content captured at public events where there is no reasonable expectation of privacy (such as public concerts, sporting events, street festivals, outdoor markets, public protests, or other public gatherings). In such circumstances, where individuals are incidentally captured as part of the broader public scene and the primary subject of the photograph is not the private individual but rather the public event itself, consent from those individuals is not required. However, if an individual is the primary or identifiable focus of the photograph and the context suggests a reasonable expectation of privacy, consent remains required regardless of the public setting;
4. where the Content depicts identifiable private property, trademarks, artworks, or other protected subject matter, you have obtained any necessary property releases or permissions;
5. the Content does not contain any material that is unlawful, defamatory, obscene, harassing, threatening, hateful, discriminatory, or otherwise objectionable;
6. the Content complies with all applicable laws and these Terms.

You agree to indemnify us in accordance with Section 14 for any breach of these warranties.

7. Prohibited Content and Conduct

You must not upload, post, or transmit any Content, or use the Services, in a way that:

1. infringes any Intellectual Property Right or other right of any person;
2. is unlawful, defamatory, obscene, pornographic (including child sexual abuse material, which is absolutely prohibited), sexually explicit involving non-consenting parties, harassing, threatening, hateful, discriminatory, or that incites violence;
3. depicts a minor in a sexualised manner or in any way that places a minor at risk;
4. contains personal data of another individual without their consent;
5. contains malware, viruses, or any code designed to interfere with the Services;
6. constitutes spam, phishing, or unsolicited commercial communication;
7. misrepresents the source of the Content or impersonates another person;
8. interferes with, disrupts, or attempts to gain unauthorised access to the Services or any related systems;
9. uses automated means (including scraping, bots, or crawlers) to access, collect, or download Content from the Platform, except as expressly permitted by us in writing or via a published API.

8. Moderation and Removal

8.1 Our right to moderate

We have the right (but not the obligation) to monitor, review, edit, refuse, or remove any Content at our sole discretion, including Content that we believe (acting reasonably) breaches these Terms or applicable law, or is otherwise harmful to Users, third parties, or the Platform.

8.2 No obligation to monitor

We do not pre-screen User Content. You acknowledge that you may encounter Content that you find objectionable and you use the Services at your own risk.

8.3 Removal does not waive rights

Our decision to remove or not to remove Content does not waive any of our rights or constitute an admission of any kind.

9. Copyright Infringement Notices

If you believe that Content on the Platform infringes your copyright, please send a notice to us containing your name, contact details, description of the copyrighted work, location of the allegedly infringing material, a good-faith belief statement, and your signature. We will respond appropriately and suspend or terminate the accounts of repeat infringers accordingly.

10. Privacy and Data Protection

Our collection and use of your personal data is governed by our Privacy Policy, available at sharemyimages.com/privacy, which is incorporated into these Terms by reference. Please read it carefully. Where your Content contains images of identifiable individuals, you acknowledge that the resulting personal data may be processed by us for the purposes described in these Terms and the Privacy Policy, and you confirm that you have a lawful basis for sharing that data with us.

11. Third-Party Links and Services

The Services may contain links to third-party websites or integrate with third-party services. We are not responsible for the content, policies, or practices of those third parties. Your use of any third-party service is governed by that third party's own terms.

12. Account Suspension and Termination

You may close your account at any time. We may suspend or terminate your account if you breach these Terms, we are required to do so by law, we discontinue the Services, or we have reasonable grounds to believe that continuing to provide the Services presents a risk. On termination, your right to access the Services ceases, but certain Sections survive including Sections 4, 5.4, 6, 13, 14, 15, and 18.

13. Disclaimers

To the maximum extent permitted by law, the Services are provided "as is" and "as available", without warranties of any kind. We do not warrant that the Services will be uninterrupted, secure, error-free, or free of viruses. We are not responsible for the conduct of any User. Nothing in this section excludes or limits any warranty, right, or remedy that cannot lawfully be excluded or limited.

14. Limitation of Liability

Our total aggregate liability to you will not exceed the greater of (a) the amount you have paid to us in the twelve (12) months preceding the event giving rise to the claim, or (b) fifty New Zealand dollars. We will not be liable for any loss of profits, revenue, business, or data, or any indirect, special, consequential, or punitive damages, even if we have been advised of the possibility of such losses. This does not exclude our liability for death, personal injury caused by our negligence, fraud, or any liability that cannot be excluded under applicable law.

15. Indemnification

You agree to indemnify, defend, and hold harmless ShareMyImages.com and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, and expenses (including legal fees) arising out of your Content, your breach of these Terms, your violation of any law or third-party right, or your misuse of the Services.

16. Changes to These Terms

We may amend these Terms from time to time. If we make material changes, we will notify you by email or prominent notice at least 14 days before the changes take effect. Your continued use of the Services after the changes take effect constitutes your acceptance of the amended Terms.

17. Changes to the Services

We may add, modify, or discontinue features of the Services at any time. We may give you reasonable notice of material changes where practicable but you agree that we are not obliged to do so.

18. General

These Terms are governed by the laws of New Zealand and you agree to submit to the exclusive jurisdiction of the courts of New Zealand. These Terms, together with our Privacy Policy, constitute the entire agreement between us. If any provision is invalid, the remaining provisions will remain in effect. Our failure to enforce any right is not a waiver. You may not assign your rights without our consent, but we may assign freely. Notices to us should be sent to the email address provided in Section 19.

19. Contact

Questions about these Terms should be sent to:

Grenfell Studios Limited
201 North Road, North East Valley
Dunedin 9010, New Zealand

or via email to legal@sharemyimages.com