Terms & Conditions

These Terms and Conditions (“Terms”) govern your access to and use of mximd.com (the “Platform”), operated by MXIMD Pictures Ltd (“we”, “us”, “our”). By browsing the Platform or purchasing a licence, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

MXIMD Pictures Ltd 51 Latchmere Lane, KT2 5SF, Kingston upon Thames United Kingdom

Email: info@mximd.com Telephone: +44 7961 900 573

Registered in England and Wales — Company No. 14519518 VAT Registration No: GB434918674

• “Platform” means the website at mximd.com and all content, services, and functionality offered through it.
• “Photographer(s)” means any contributing photographers whose images are listed on the Platform.
• “Images” means all photographs, digital image files, and related content made available for licence on the Platform.
• “Licensee” or “Customer” or “you” means any individual or legal entity that browses, registers on, or purchases a licence through the Platform.
• “Licence” means the limited, non-exclusive, non-transferable right to use a specific Image, granted upon purchase, within the scope set out in these Terms. A Licence is not a transfer of copyright or any other ownership right.
• “Editorial Use” has the meaning given in Section 4.1.
• “Personal Use” has the meaning given in Section 4.2.
• “Commercial Use” has the meaning given in Section 4.3.
• “Order” means a completed purchase of one or more Licences through the Platform.
• “Download” means the electronic delivery of a licensed Image file following a confirmed Order.

All Images on the Platform are protected under the Copyright, Designs and Patents Act 1988 (“CDPA”). Copyright in each Image belongs exclusively to the respective Photographer and is retained by them at all times. Nothing in these Terms transfers or assigns copyright to the Licensee.

Each Photographer asserts their moral rights under ss.77–85 CDPA, including the right to be identified as the author of their work and the right of integrity. The Licensee must not use any Image in a manner that amounts to derogatory treatment within the meaning of s.80 CDPA.

Where a Licence requires attribution, the Licensee must credit the Image as follows: “© [Photographer’s name] / MXIMD Pictures” Attribution must appear adjacent to or directly beneath the Image wherever it is published or displayed.

The Platform operates as an authorised agent and marketplace on behalf of contributing Photographers. The Platform warrants that it holds the necessary authorisation to grant licences on each Photographer’s behalf in respect of each Image listed.

Subject to payment of the applicable fee and compliance with these Terms, we grant you a limited, non-exclusive, non-transferable licence to use the purchased Image solely within the scope of the licence type selected at checkout.

Permitted uses include:

• Press, news, and photojournalism publications (print and online)
• Magazines, supplements, and trade publications
• Online editorial articles, news websites, and blogs
• Educational materials, textbooks, and academic publications
• Broadcast media, documentaries, and factual programming
• Non-commercial event reports and competition coverage

Conditions:

• The Image must accompany factual, editorial content directly related to the sporting or equestrian event depicted.
• The Licensee must not use the Image to imply any endorsement, sponsorship, brand association, or commercial affiliation with any depicted rider, horse, owner, or organisation.
• Credit must be applied in accordance with Section 3.3.

Not permitted under this licence:

• Any advertising, promotional, or marketing material
• Merchandise or product packaging
• Any context unrelated to the event or sport depicted
• Any use by a commercial entity such as a social media use by a brand’s account

Permitted uses include:

• Printing for private, personal display in a home or personal space
• Saving to personal devices for private enjoyment
• Sharing on personal social media and personal website

Conditions:

• The Image must not be used in any commercial context whatsoever.
• For social media use, no brand can be tagged as collaborator. Simple tags are authorised.
• Credit is required

Not permitted under this licence:

• Resale, gifting as a commercial product, or redistribution in any form
• Any use in connection with a business, brand, or commercial activity

Permitted uses include:

• Advertising and marketing campaigns
• Brand and corporate communications
• Website and social media content
• Product packaging and merchandising
• Internal corporate publications and presentations

Conditions:

• Credit must be applied in accordance with Section 3.3
• The Licensee must read and accept Section 7 in full before purchasing a Commercial Licence. By completing the purchase, the Licensee confirms they have done so.

Not permitted under this licence:

• Any use that implies personal endorsement by a depicted individual without their written consent
• Use in political advertising or political campaign material
• Use in adult content
• Resale or sublicensing of the Image to any third party

Regardless of the licence type purchased, the Licensee must not:

Resell, sublicence, assign, share, or redistribute the Image file or any rights in it to any third party.

Use the Image in any manner that is defamatory, libellous, misleading, fraudulent, discriminatory, harassing, or otherwise unlawful under the laws of England and Wales or any other applicable jurisdiction.

Use the Image in a way that implies any depicted person, animal, or organisation endorses, promotes, or is affiliated with any product, service, brand, or political cause, without having independently obtained all necessary consents.

Use the Image in any adult, pornographic, or sexually explicit content.

Use the Image in political advertising, election campaign material, or content associated with any political party or movement.

Use the Image in any context that could bring the Platform, any Photographer, or any depicted individual or organisation into disrepute.

Remove, alter, obscure, overwrite, or otherwise interfere with any embedded metadata, copyright notice, IPTC data, or digital watermark contained within any Image file.

Use a watermarked preview Image for any purpose other than evaluating whether to purchase a licence.

Use the Image in any manner that exceeds the scope, territory, or duration of the Licence purchased.

Claim authorship of, or any intellectual property rights in, any Image.

The Platform lists Images from several contributing Photographers. Copyright in each Image is retained by the credited Photographer.

Each contributing Photographer has entered into a written agreement with the Platform granting the Platform authority to licence their Images on the terms set out herein.

The licence fee paid by the Licensee is shared between the Platform and the relevant Photographer in accordance with a separate commercial arrangement. The Licensee is not a party to that arrangement.

Any query or complaint relating to a specific Image should be directed to the Platform at info@mximd.com in the first instance. The Platform will liaise with the relevant Photographer as required.

Contributing Photographers are independent contractors and not employees or agents of the Platform beyond the scope of the licensing arrangement described above.

Please read this section carefully before purchasing any licence, and in particular before purchasing a Commercial Licence.

All Images on this Platform were captured at public equestrian and sporting competition events. The subjects depicted — including riders, jockeys, trainers, officials and horses — were photographed in a public setting, in their capacity as registered competitors or participants at events open to the public and/or press.

No model release, property release, or other form of consent has been obtained from any rider, individual, horse owner, or other person depicted in any Image on this Platform. The Platform makes no representation to the contrary.

The use of Images depicting identifiable individuals for editorial and personal purposes, where the individuals were photographed in a public setting in their public capacity, is generally permissible under UK law without a model release. This is consistent with the principles of press freedom and freedom of expression under Article 10 of the Human Rights Act 1998 and established UK media law practice.

Using an identifiable individual’s image for commercial purposes without their consent carries significant legal risk under UK law. The Licensee should be aware that such use may engage:

• The tort of misuse of private information, where use of a person’s image in a commercial context could be found highly offensive or exploitative of their likeness, even where the original photograph was taken in a public place
• The tort of passing off, where use of an image implies endorsement, sponsorship, or commercial association with the depicted individual without their consent
• UK GDPR and the Data Protection Act 2018, where the Image constitutes personal data (i.e. the individual is identifiable) and the commercial processing of that data has no lawful basis
• Reputational and contractual risks, where a depicted rider or owner has existing sponsorship or exclusivity arrangements that a third party’s commercial use could be seen to infringe

By purchasing a Commercial Licence, the Licensee:

1. confirms that they have read and understood this Section 7 in full;
2. accepts sole and full responsibility for assessing the suitability of the Image for their specific intended use;
3. accepts sole responsibility for obtaining any model release, property release, or other consent from depicted individuals or horse owners that may be required for their intended use;
4. agrees to use the Image only in a manner that does not imply personal endorsement by any depicted individual unless written consent from that individual has been independently obtained;
5. agrees to fully indemnify, defend, and hold harmless the Platform and the respective Photographer against any and all claims, losses, damages, costs (including reasonable legal costs), and liabilities arising from the Licensee’s use of the Image in a context that requires a release or consent that was not obtained.

By placing an Order, you confirm that you are at least 18 years of age and legally capable of entering into a binding contract.

All prices are displayed in pounds sterling (GBP, £) and are exclusive of VAT. When required, VAT at the current UK standard rate of 20% will be added at checkout.

Your Order constitutes an offer to purchase a Licence. A binding contract is formed when you receive a written Order confirmation by email.

The Platform reserves the right to refuse or cancel any Order at its discretion, including where an Image has been listed in error or where a pricing error has occurred. In such cases, a full refund will be issued promptly.

The Platform reserves the right to amend pricing at any time. Price changes will not affect Orders that have already been confirmed.

Licences are fulfilled by digital download. Following confirmed payment, the images will be downloadable direclty on the Platform via “My Orders”.

Where you are a consumer (an individual acting wholly outside a trade, business, or profession), you have a statutory right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel a distance contract within 14 days without giving a reason.

However, by ticking the confirmation box and proceeding to download at checkout, you expressly request that digital content is supplied to you immediately and acknowledge that your right to cancel is lost once the download has commenced, in accordance with Regulation 37. If you do not wish to waive your cancellation right, do not initiate the download.

Business customers have no statutory right of cancellation.

Refunds will not be issued once an Image file has been successfully downloaded. If you experience a technical failure that prevents download, please contact us at info@mximd.com. Partial refund of image packs will not be accepted once the first image has been downloaded. Refund requests of downloaded Images will not be accepted.

Any use of an Image without a valid Licence, or in a manner that exceeds the scope of a purchased Licence, constitutes an act of copyright infringement under the CDPA. The Platform and the relevant Photographer reserve all rights to pursue civil remedies, including damages (including additional damages under s.97(2) CDPA), injunctive relief, and recovery of costs.

The Platform actively monitors for unauthorised use of its Images.

If you become aware of any unauthorised use of Images from this Platform, please report it to info@mximd.com with as much detail as possible.

Nothing in these Terms limits or excludes liability for:

• fraud or fraudulent misrepresentation;
• any other liability that cannot be limited or excluded under applicable UK law, including rights under the Consumer Rights Act 2015 where the Licensee is a consumer.

Subject to clause 11.1, the Platform’s total aggregate liability to any Licensee in connection with any Order shall not exceed the total amount paid by that Licensee for the specific Licence(s) in question.

Subject to clause 11.1, the Platform shall not be liable for:

• any indirect, consequential, special, or punitive loss or damage;
• loss of profit, revenue, business, data, or goodwill;
• any loss arising from the Licensee’s use of an Image in a manner that exceeds or is inconsistent with the Licence purchased;
• any claim arising from the absence of a model or property release as described in Section 7.

The Platform makes no warranty that Images are free from third-party intellectual property claims beyond those set out in these Terms, and does not warrant that any Image is fit for any purpose not expressly described in the applicable Licence type.

The Platform processes personal data in accordance with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and its Privacy Policy.

Personal data collected through the checkout process (including your name, email address, and payment information) is processed for the purpose of fulfilling your Order, issuing your Licence, and corresponding with you in connection with your purchase. Payment card data is processed by Stripe and is not stored by the Platform.

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Your personal data will not be sold to, or shared with, third parties except where necessary to fulfil your Order (e.g. payment processors) or where required by law.

You have the right to access, rectify, erase, restrict, or object to the processing of your personal data, and the right to data portability, in accordance with UK GDPR. To exercise any of these rights, contact inof@mximd.com.

If you have a complaint about how we handle your data, you have the right to lodge a complaint with the Information Commissioner’s Office at https://ico.org.uk

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

The parties agree to submit to the exclusive jurisdiction of the courts of England and Wales, save that:

• If you are a consumer resident in Scotland, you may bring proceedings in the Scottish courts.
• If you are a consumer resident in Northern Ireland, you may bring proceedings in the courts of Northern Ireland.

In the event of a dispute, the parties agree to attempt resolution informally in the first instance by contacting info@mximd.com. We will endeavour to respond within 15 working days.

If informal resolution is not achieved, consumer Licensees may refer the matter to CEDR for alternative dispute resolution before commencing court proceedings.

The Platform reserves the right to amend these Terms at any time. The date of the most recent version is displayed at the top of this page.

Where changes are material, notice will be given by a banner notice on the Platform at least 14 days before the changes take effect.

Continued use of the Platform following the effective date of any amendment constitutes acceptance of the updated Terms.

Orders placed prior to any amendment remain governed by the Terms in force at the time the Order was confirmed.

These Terms constitute the entire agreement between the parties in relation to the subject matter hereof and supersede all prior representations, discussions, and agreements.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Failure by the Platform to enforce any right under these Terms shall not constitute a waiver of that right.

These Terms do not confer any rights on any third party under the Contracts (Rights of Third Parties) Act 1999, save that contributing Photographers may enforce the terms of Sections 3, 7.5, and 10 in respect of their own Images.

The Platform shall not be in breach of these Terms where performance is prevented or delayed by circumstances beyond its reasonable control.