
END-USER AGREEMENT
(updated on 1st August 2025)
PRESSHOP AGREEMENT FOR END-USERS (“END-USER AGREEMENT”)
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IMPORTANT WORDS AND DEFINITIONS
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In this End-User Agreement, the following words have the following meanings:
“Account” means an account which is individual to you, which is created for the purpose of becoming a User of the Platform.
“Business Day” means any day, other than a Saturday or Sunday or any public holiday, when Banks in London are open for business.
“Business User” means any User who is not a Consumer.
“Content” means any text, software, scripts, graphics, photos, sounds, music, videos, audio-visuals combinations, interactive features and other materials you may view on or access through the Platform, including End-User Content and Publisher Content.
“Consumer” means an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession.
“Data Protection Legislation” means for such time as they are in force in England and Wales, all legislation which relates to the protection of individuals’ rights in their Personal Data and the protection of their privacy, including the DPA, GDPR, UK GDPR, PECR and all such legislation as may supplement, amend or replace them from time to time.
“Device” means a computing device, mobile phone or other device with internet functionality.
“Discounted Hopper Price” has the meaning given to it in clause 5.6.
“Discounted PressHop Commission” has the meaning given to it in clause 5.7(a).
“Discounted Publish Price” has the meaning given to it in clause 5.7.
“DPA” means the Data Protection Act 2018 and all subordinate legislation to it.
"End-User” means an individual who makes Digital Media available for Purchase on the Platform.
“End-User Content” means Content which an End-User contributes, submits, uploads, publishes or otherwise makes available through the Platform.
“GDPR” means Regulation (EU) 2016/679.
“Hopper Payment” has the meaning given to it in clause 5.5.
“Hopper Price” has the meaning given to it in clause 5.1.
"Digital Media” means an image, video, or audio-visuals combinations uploaded to the Platform by an End-User. “Intellectual Property Rights” means patents, trademarks, and service marks, rights in design, trade or business names or signs or domain names, copyrights (including without limitation rights in computer software, databases and websites), database rights, rights in confidential information (including without limitation know how and trade secrets), moral rights (and the benefit of any and all waivers thereof), rental and lending rights, topography rights (whether or not any of these is registered and including applications for registration of any such thing) and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist at any time anywhere in the world and all rights of action and goodwill arising at any time in relation thereto.
“Publisher” means any User who signs up to use the Services to search for and/or Purchase any Digital Media.
“Publisher Content” means Content which a Publisher contributes, submits, uploads, publishes or otherwise makes available through the Platform.
“Payment Partner” means Stripe Payments UK Ltd, or any other chosen payment partner we may use from time to time to process any payments made through the Platform.
“PECR” means the Privacy and Electronic Communications (EC Directive) Regulations 2003.
“Personal Data” has the meaning set out in the Data Protection Legislation.
“Platform” means the platform owned and operated by PressHop which can be found at www.PressHop.com and can be accessed on a Device.
“Privacy Policy” means PressHop’s privacy policy supplied to Users via the Platform, as may be updated from time to time.
“PressHop” means PressHop UK Media Ltd, a company registered in England and Wales with company number 13522872, whose registered office is at 167-169 Great Portland Street, London, England, W1W 5PF..
“Published Price” has the meaning given to it in clause 5.3.
"Purchase” means the purchase of Digital Media by a Publisher using the Platform or Service.
“Purchase Price” the price paid by a Publisher for a purchasing Digital Media.
“Services” means your use of the Platform and the Content we provide to you through it. “Service” shall be interpreted accordingly.
“UK GDPR” means the version of the GDPR as amended and retained for UK law.
“User” means any individual who creates an Account to access the Services, including End-Users and Publishers. Where this End-User Agreement refers to “you” or “your” it means the individual accepting this agreement; where it refers to “us”, “our” or “we” it means PressHop.
Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
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AGREED TERMS
1. ACKNOWLEDGEMENTS
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1.1. We may change these terms at any time without notice. Any such changes shall take effect on the next occasion that you make use of the Platform. Any such new terms may be displayed on-screen when you next use the Platform, and you may be required to read and accept them in order to continue your use of the Platform.
1.2. The terms of this End-User Agreement apply to the Platform and to any updates or supplements to the Platform, unless such additions are provided pursuant to separate terms, in which case those terms shall apply.
1.3. From time to time we may automatically update the Platform and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Depending on the update, you may not be able to use the Services until you have accepted any new applicable terms.
1.4. You will be assumed to have obtained permission from the owners of any Devices that are controlled, but not owned, by you which you may use to access or use the Platform. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this End-User Agreement for the use of the Platform on any such Device, whether or not it is owned by you.
1.5. You acknowledge that we will process your Personal Data on the basis set out in our Privacy Policy and accept that we will process some of your Personal Data in order to deliver the Platform and Services to you in accordance with this End-User Agreement. You must read our Privacy Policy. You can review our Privacy Policy at any time when using our Platform. You warrant that any Personal Data that you provide to us is accurate, complete and up to date in all respects.
1.6. We keep your personal data anonymous from other Users of the Platform and Service, but we may be obliged to share personal data in some circumstances, for example in the event that a dispute arises between you and another User of the Platform, or where we are required to do so by a legal or regulatory body.
1.7. You acknowledge and agree that internet transmissions are never completely private or secure and that any message or information you send using the Platform or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
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2. YOUR ACCOUNT
2.1. In order to receive the Services, you must register and create an Account with us using the Platform.
2.2. You agree that you will be solely responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username, password and Account information.
2.3. You must notify PressHop immediately of any breach of security or unauthorised use of your Account that you become aware of.
2.4. You confirm that the information you provide when creating your Account is accurate and complete, and that you will update us through the Platform as and when your information changes.
2.5. By setting up an Account you confirm that you are at least 18 years of age or, if higher, the appropriate age of majority in which you can lawfully use the Services, you are not precluded by domestic laws to use the Services and you have not been previously banned from using the Platform and/or the Services.
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3. LICENCE
3.1. We grant you a revocable, non-transferable, non-exclusive licence to use the Platform and to receive the Services on your Devices, subject to these terms, the Privacy Policy and any other documents referred to hereunder. We reserve all other rights.
3.2. We may suspend, terminate or withdraw the licence at clause 3.1 which may include your access to your Account, the Platform and Services where you breach these terms or where it is necessary to protect our legitimate business interests without notice to you.
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4. PURCHASING DIGITAL MEDIA
4.1. The Platform enables you to upload and sell Digital Media to Publishers. We cannot guarantee that any Digital Media uploaded and made available for purchase by you will be purchased by any Publisher at all, or for any particular price or within any particular timeframe.
4.2. You can choose whether to offer the Digital Media for sale:
(a) on a shared basis for a set fee;
(b) on an exclusive basis to a particular Publisher for a set fee; or
(c) by way of auction to the highest bidder.
4.3. Where Digital Media is made available by you on an exclusive basis, the exclusivity period shall be 24 hours, unless a different period is offered by you when you make the Digital Media available for purchase, or unless a different period is agreed between the parties. At the end of the exclusivity period, you shall be entitled to make the Digital Media available for purchase on the Platform by other Publishers on a shared basis.
4.4. The Platform also enables you to respond to tasks broadcasted by Publishers in which they may request particular Digital Media for a specified price. You are entitled to offer Digital Media to that Publisher in response to their task. We cannot guarantee that a Publisher will purchase any Digital Media offered to that Publisher by you in response to a task. If your Digital Media is purchased by a Publisher in this way, the amount payable shall be calculated as set out in clauses 5.9 and 5.10.
4.5. Upon completing a Purchase on the Platform, you will receive a confirmation that the Purchase has been made. At this point, a legally binding contract is formed directly between you and the Publisher pursuant to any terms and conditions that the Publisher makes available to you through the Platform or otherwise. PressHop is not a party to such contract.
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5. PRICE AND PAYMENT
5.1. You shall have sole discretion to set or change the prices of any Digital Media made available by you for purchase by a Publisher on the Platform. The price you set for Digital Media shall be the “Hopper Price”.
5.2. When you set the Hopper Price for your Digital Media, we will benchmark the Digital Media against similar Digital Media made available by other Users on the Platform to determine if the Digital Mediais likely to be purchased at the Hopper Price you have set and we may make recommendations to you to adjust the Hopper Price before we publish it. You shall be under no obligation to amend the Hopper Price and can opt to reject our recommendation.
5.3. The commission due to PressHop by you shall be the percentage of the Hopper Price as is communicated to you during the upload process (the “PressHop Commission”). The PressHop Commission deducted will differ depending on whether you are a using the Services in your capacity as a Business User or a Consumer. We shall make the applicable PressHop Commission known to you before you agree to make the Digital Media available for purchase.
5.4. We will add 25% to the Hopper Price when it is published on the Platform, (the “Published Price”). Publishers shall be invited to pay the Published Price for the Digital Media. Publishers shall negotiate the Published Price downwards. Such negotiation shall be managed by PressHop using the functionality available on the Platform. PressHop shall be entitled to accept any offer made by a Publisher for Digital Media where the offer is higher than the Hopper Price. The Purchase Price is the price paid by the Publisher for the Digital Media. If a Publisher offers a price which is below the Hopper Price the offer will be rejected and the Platform will invite the Publisher to purchase the Digital Media at the Hopper Price. Where the Purchase Price is higher than the Hopper Price, PressHop shall retain the mark-up.
5.5. Save for the circumstances outlined in clauses 5.6 and 5.7 below, you acknowledge that the amount that will be transferred to you for the Digital Media will be the Hopper Price, less the PressHop Commission, less any applicable third party service fee which will be as set out in the payment page on the Platform (for example, any charges made by our Payment Provider) (the “Hopper Payment”).
Scenario 1:
For example, if you set the Hopper Price for your Digital Media as £100, the PressHop Commission (for the purpose of this example, being 20% of the Hopper Price) shall be £20 for that Digital Media. PressHop shall deduct the PressHop Commission from the Hopper Price (£20), and then deduct any applicable third party fee (for the purpose of this example only, £2). Therefore, the Hopper Payment which shall be transferred to you will be £78:
(a) Hopper Price: £100
(b) Less PressHop Commission: £20 (being 20% of the Hopper Price)
(c) Less third party fees: £2
(d) Hopper Payment: £78.
Scenario 2:
5.6. Where Digital Media has been made available for purchase by you but has not been purchased by a Publisher for more than 48 hours from the time it was uploaded by you, we may recommend that you discount the Hopper Price in order to encourage Publishers to purchase it. We shall seek your approval before applying any such discount. For example, we may recommend that you discount the Hopper Price (£100) by 50%, to reach the discounted hopper fee of £50 (the “Discounted Hopper Price”).
5.7. Where you have agreed to amend the Hopper Price to the Discounted Hopper Price, the Published Price and PressHop Commission shall be recalculated according to the Discounted Hopper Price:
(a) we shall add 25% to the Discounted Hopper Price and make the Digital Media available for purchase by a Publisher for that amount (the “Discounted Published Price”) of £62.50.
(b) We shall recalculate the PressHop Commission by reference to the Discounted Hopper Price (the “Discounted PressHop Commission”).
If the Discounted Hopper Price for the Digital Media is £50, the Discounted PressHop Commission (for the purpose of this example, being 20% of the Discounted Hopper Price) shall be £10 for that Digital Media. PressHop shall deduct the Discounted PressHop Commission (£10) from that Hopper Price (£50), and then deduct any applicable third party fee (for the purpose of this example only, £2). Therefore, the Hopper Payment which shall be transferred to you will be £38:
i. Discounted Hopper Price: £50
ii. Less Discounted PressHop Commission: £10 (being 20% of the Discounted Hopper Price)
iii. Less third party fees: £2
iv. Hopper Payment: £38.
5.8. Publishers shall be entitled to negotiate the Purchase Price for a discounted Digital Media on the same basis as set out in clause 5.4. Where the Purchase Price is higher than the Discounted Hopper Price, PressHop shall retain the mark-up.
Scenario 3:
5.9. Where your Digital Media has been made available for Purchase by a Publisher in response to a task they have broadcast, the Publisher will have set the price for the Digital Media when they broadcast the task. The price set by the Publisher will be the Purchase Price. PressHop will deduct 25% from that Purchase Price, to calculate the Hopper Price, PressHop will calculate the PressHop Commission by reference to that Hopper Price.
5.10. For example, if a Publisher broadcasts a task for Digital Media and sets the fee as £200, and you successfully sell your Digital Media to that Publisher in response to that task, the Purchase Price would be £200. PressHop will deduct 25% of the Purchase Price to calculate the Hopper Price, being £150 in this example. The PressHop Commission (for the purpose of this example, being 20% of the Hopper Price) shall be £30. The PressHop Commission shall be deducted from the Hopper Price (£120) and then any applicable third party fee (for the purpose of this example only, £2) will be deducted. Therefore, the Hopper Payment which will be transferred to you will be £118:
(a) Purchase Price: £200
(b) Less 25% to calculate the Hopper Price: £150
(c) Less PressHop Commission: £30 (being 20% of the Discounted Hopper Price)
(d) Less third party fees: £2
(e) Hopper Payment: £118.
5.11. We shall use reasonable endeavours to transfer the Hopper Payment to you within 7 days of receipt of the payment of the applicable Purchase Price from the Publisher, but we shall not be liable for delays in payment caused as a result of delays by our Payment Provider.
5.12. We may change or add to our payment methods from time to time. Such changes or additions will be as set out in the payment page on the Platform.
5.13. You understand and accept that the PressHop Commission (or Discounted PressHop Commission as applicable) retained by us is in consideration for making the Services and Platform available to you and facilitating the sale of Digital Media to Publishers. The commission and any third-party payments made are therefore non-refundable in all circumstances.
5.14. Using the functionality available on the Platform, you are entitled to donate a percentage of the Hopper Payment to one of the charities listed on the Platform. Such percentage shall be as determined by you. The percentage of the Hopper Payment you have elected to donate to charity shall be donated before the remaining percentage of the Hopper Payment is transferred to you.
5.15. You hereby acknowledge that you are responsible for any tax liabilities or reporting obligations that may arise as a result of your activities on this Platform and you hereby release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such tax liabilities or reporting obligations. You shall indemnify us and our connected parties against any losses, damages, expenses, costs, liabilities or claims we or our connected parties may suffer or incur arising out of or in connection with any such disputes.
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6. END-USER CONTENT
6.1. As a PressHop Account holder, you may access Content when using the Services. We require all Users to ensure that their Content is accurate, complete and not misleading in any way, but we do not verify Content uploaded by any Publisher or any other End-User, nor do we have control over the subject matter or content of any such Content.
6.2. You accept that each other User, and not us, is solely responsible for all aspects of their Content.
6.3. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PressHop with respect to any Content posted by a Publisher or another End User.
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7. YOUR END-USER CONTENT
7.1. As a PressHop account holder, you may submit End-User Content.
7.2. You agree not to provide End-User Content that is:
(a) false, inaccurate or misleading;
(b) in breach of any third party rights (including without limitation any Intellectual Property Rights, rights to privacy, or rights to confidentiality);
(c) abusive of otherwise intended to bully, harass, insult, intimate or humiliate; or
(d) defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by PressHop in its sole discretion.7.3. You represent and warrant to us that you have all rights, permissions and consents to submit any End-User Content to us.
7.4. We have the right to disclose your identity to any third party who is claiming that any End-User Content posted or uploaded by you to our Services constitutes a violation of their rights, including, without limitation, their Intellectual Property Rights, right to privacy or confidentiality or is otherwise in breach of the terms of this End-User Agreement.
7.5. PressHop may, but shall not be obligated to, review, monitor, or remove your End-User Content, at any time and for any reason, without notice to you.
7.6. If you encounter any Content posted by another End-User or a Publisher which you consider breaches the any of the terms of this clause 7, you have the right to submit a complaint to us. Please see clause 18 for more information on submitting complaints. Please be aware that we will not automatically remove any content which you have flagged to us. We will review your complaint and take any remedial action we deem appropriate.
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8. VERIFICATION OF DIGITAL MEDIA
8.1. When you upload Digital Media, we will verify that content by:
(a) attaching geographical metadata to that Digital Media to confirm the time, date and location of the Digital Media;
(b) using an artificial intelligence tool to review the Digital Media to confirm that it does not breach any of the Licence Restrictions or Acceptable Use Restrictions; and
(c) using PressHop personnel to review any Digital Media which have been flagged by the artificial intelligence tool pursuant to clause 8.1(b) and to conduct general reviews of Digital Media.
8.2. If any Digital Media is flagged at any stage of the verification process set out in clause 8.1, PressHop reserves the right to not allow the Digital Media to be uploaded to the Platform, or to remove any Digital Media which has already been uploaded to the Platform.
8.3. If you believe any Digital Media you have tried to upload which has been rejected, or which you have uploaded which has been removed, has been rejected or removed unfairly, please write to us at support@presshop.co.uk. We will use reasonable endeavours to review any complaints, but we shall be under no obligation to review any complaint and, in the event that we do, any subsequent decision we reach as to whether that Digital Media can be uploaded to or remain on the Platform shall be final and absolute.
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9. END-USER RESPONSIBILITIES
9.1. You accept that solely you, and not us, are responsible for ensuring that you are able to upload the Digital Media to the Platform and sell the Digital Media using the Service, including without limitation, ensuring that you comply with any applicable laws and have necessary permits, consents, licences and/or authorisations to upload the Digital Media to the Platform and sell it using the Services.
9.2. You understand and agree that in order to protect our legitimate business interests you shall not, without our prior written consent, for as long as you hold an Account and for a period of 6 months after the Account is terminated (for whatever reason) in any manner circumvent the Platform to offer or sell any Digital Media to any Publisher you have encountered through the Platform.
9.3. As an End-User, you acknowledge and agree that you are solely responsible for obtaining and maintaining adequate personal insurance coverage, including but not limited to, insurance for accidents, personal injuries, falls, attacks, property damage, or any other incidents which may occur while undertaking tasks or capturing Digital Media for upload onto the Platform. You further acknowledge that PressHop shall not be responsible or liable in any manner for any personal injury, property damage, harm, loss or related incidents suffered by you during your activities as an End User. PressHop shall not be required to pay, compensate, or indemnify you or any third party in respect of any such incidents, injuries, losses or claims.
9.4. You acknowledge and accept that PressHop does not provide, arrange, or offer any insurance coverage of any kind for End-Users, including but not limited to personal accident, injury, property damage, or public liability insurance. It is your sole responsibility to obtain any insurance you deem necessary to protect yourself and your activities in connection with your use of the Platform.
9.5. You acknowledge and agree that participation in capturing or uploading Digital Media involves inherent risks, including but not limited to, the risk of personal injury, property damage, exposure to hazardous environments, interaction with unpredictable individuals, and other risks associated with news gathering and on-the-ground reporting activities. You voluntarily assume all such risks and responsibilities, and you accept that PressHop shall have no liability in respect of any loss, injury, damage, or harm that may result.
9.6. PressHop reserves the right, at its sole discretion, to conduct identity verification checks on End Users. You agree to promptly provide any documentation or information reasonably requested by PressHop or our payment gateway partner, Stripe to verify your identity. PressHop may suspend or terminate your Account if your identity cannot be verified to its satisfaction.
9.7. You agree that, while participating in any activities related to capturing or uploading Digital Media, you will:
(a) Comply with all applicable laws, regulations, and local ordinances;
(b) Respect the rights of property owners and not trespass onto private property without permission;
(c) Avoid harassing, intimidating, or infringing upon the privacy of individuals;
(d) Not interfere with law enforcement, emergency services, or public safety activities; and
(e) Conduct yourself in a professional, lawful, and respectful manner at all times
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10. LINKS FROM THE APP
10.1. The Service (including the Content) may include hyperlinks to other web sites that are not owned or controlled by PressHop. PressHop has no control over and assumes no responsibility for the content, privacy policies or practices of any third-party websites.
10.2. You acknowledge and agree that PressHop is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
10.3. You acknowledge and agree that PressHop is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
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11. INTELLECTUAL PROPERTY
11.1. All Intellectual Property Rights in the Platform and the Services throughout the world belong to us (or our licensors) and the rights in the Platform and the Services are licensed (not sold) to you. You have no Intellectual Property Rights in, or to, the Platform or the Services other than the right to use them in accordance with these terms.
11.2. You are the owners of all Intellectual Property Rights in your End-User Content, and you shall be solely responsible for the same. You grant PressHop a worldwide, perpetual, irrevocable, transferable, royalty-free licence, with the right to sub-licence, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such End-User Content in all formats and distribution channels now known or hereafter devised without further notice to or consent from you, and without the requirement of payment to you or any other person or entity in order to provide the Services.
11.3. Except for your End-User Content, you accept and acknowledge that all Content on the Service is either owned by or licensed to PressHop by third parties and is subject to the Intellectual Property Rights of PressHop or PressHop’s licensors. Any third-party trade or service marks present on such Content are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of PressHop or, where applicable, PressHop’s licensors. PressHop and its licensors reserve all rights not expressly granted in and to their Content.
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12. LICENCE RESTRICTIONS
Except as expressly set out in this End-User Agreement or as specifically permitted by any local law, you agree:
(a) not to copy the Platform or the Services except where such copying is incidental to normal use of the Platform, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, provide, or otherwise make available, the Platform or the Services in any form, in whole or in part to any person without prior written consent from us;
(c) not to translate, merge, adapt, vary or modify the whole or any part of the Platform or the Services, nor permit the Platform or the Services any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Platform and the Services on Devices as permitted in these terms;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Platform with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the Platform with another software program;
(ii) is not disclosed or communicated without our prior written consent to any third party;
(iii) is kept secure; and
(iv) is not used to create any software that is substantially similar to the Platform,
(e) not to provide or otherwise make available the Platform in whole or in part (including object and source code), in any form to any third party without prior written consent from PressHop; and
(f) to comply with all technology control or export laws and regulations that may apply to the technology used or supported by the Platform or Service, together, such conditions the “Licence Restrictions”.
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13. ACCEPTABLE USE RESTRICTIONS
As a condition of being granted access to the Platform and the Services you agree:
(a) not to (or attempt to) circumvent, disable or otherwise interfere with any security related features of the Service or features that enforce limitation on use of the Service or the Platform;
(b) not to launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Services or the Platform in a manner that sends more request messages to the PressHop servers in a given period of time than a human can reasonably produce in the same period by using a publicly available, standard web browser;
(c) not submit or transmit any material, including End-User Content, that is unlawful, in breach of third party rights, inaccurate, false, defamatory, offensive or otherwise objectionable in relation to your use of the Platform or any Service;
(d) not use the Platform or Service in an unlawful manner, for any unlawful purpose, or in any manner inconsistent with this End-User Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform, any Service or any operating system;
(e) not use the Platform or Service to offer, solicit, arrange, or engage in, any kind of activity or arrangement which is, or which would be unlawful;
(f) not infringe our rights or those of any other User or third party in relation to your use of the Platform or any Service (to the extent that such use is not expressly licensed by this End-User Agreement);
(g) not use the Platform or Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users; and
(h) not collect, extract or harvest any information or data from the Platform, any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service, together, such conditions the “Acceptable Use Restrictions”.
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14. WARRANTIES AND DISCLAIMERS
14.1. Although we make reasonable efforts to update all information which is provided by us through the Platform and the Service, we make no representations, promises, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
14.2. All Content we submit on the Platform is for information purposes only. Such Content is not intended to be a substitute for professional advice.
14.3. The Platform and Services have not been developed to meet your individual requirements. Please check that the features and functions of the Platform and Services (as set out in the Platform) meet your requirements.
14.4. You agree that the Services (or any part thereof) will not be available during any maintenance carried out by us or our selected third parties. We shall use reasonable endeavours to notify you of any planned maintenance periods. Accordingly, you agree to back up any Content used in connection with the Platform to protect yourself in case of problems with the Platform or Services.
14.5. 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 acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
14.6. PressHop does not make any representation or warranty, express or implied, regarding the authenticity, accuracy, legality, ownership, or fitness for purpose of any Digital Media available on the Platform. All Digital Media is provided "as is", and all warranties, conditions and other terms implied by law are, to the fullest extent permitted by law, excluded.
14.7. Save for as expressly set out in these terms and to the extent permitted by law, no implied terms, warranties or conditions shall apply to the Platform or Services, or their use by you.
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15. LIMITATION OF LIABILITY
15.1. References to liability under this clause includes every kind of liability arising under or in connection with this End-User Agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
15.2. PressHop shall not be liable for:
(a) any loss or damage caused by other Users including any loss in connection with another Users’ conduct;
(b) your exposure to other End-User’s Content or Publishers’ Content;
(c) any loss or damage that was not directly caused by PressHop’ breach of this End-User Agreement;
(d) any actions or omissions of other Users;
(e) any loss or damage caused by you including without limitation your failure to provide PressHop with accurate Account information and your failure to keep your password or Account details secure and confidential;
f) any loss or damage that was not, at the time this End-User Agreement was formed between you and PressHop, a reasonably foreseeable consequence of PressHop breaching this End-User Agreement; or
(g) any damage to your Device caused if the Platform is defective which could have been avoided by using the Platform in accordance with these terms or otherwise following our advice to remedy any defect.
15.3. If you are a Business User, in addition to the limitations and exemptions set out under clause 15.2, we shall not be liable to you for the following types of loss or damage: loss of profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings; loss of use or corruption of software, data or information; loss or damage to property; loss of or damage to goodwill or reputation; indirect or consequential loss.
15.4. Our maximum aggregate liability under or in connection with this End-User Agreement (or any collateral contract) and your use of the Platform and Services shall in all circumstances be limited to £1,000.
15.5. Nothing in this End-User Agreement shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability that cannot be excluded or limited by the law of England and Wales.
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16. RELEASE FROM CLAIMS WITH PUBLISHERS
16.1. We do not own, create, sell, provide, control, manage or otherwise supply or purchase any of the Digital Media You alone are responsible for the Digital Media which you upload and make available for purchase through the Platform. When a Purchase is confirmed for Digital Media, a legally binding contract is formed solely between you and the Publisher. We are not and do not become a party to any contractual relationship for or in connection with the purchase and sale of Digital Media.
16.2. As we are not the Publisher, we have no control over and do not give any commitment relating to the future use of the Digital Media, any Publisher Content, or the ability of the Publisher to purchase the Digital Media and we have no liability in this respect.
16.3. If there is a dispute between you and a Publisher, you hereby release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You shall indemnify us and our connected parties against any losses, damages, expenses, costs, liabilities or claims we or our connected parties may suffer or incur arising out of or in connection with any such disputes.
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17. INDEMNITY BY END-USER
17.1. You agree to indemnify, defend and hold harmless PressHop, its directors, officers, employees, shareholders, and agents from and against any and all claims, demands, causes of action, liabilities, losses, damages, judgments, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
(a) your creation, submission, uploading, publication, or distribution of any Digital Media;
(b) any claim that the Digital Media infringes the Intellectual Property Rights, privacy rights, or other proprietary rights of any third party;
(c) Any breach by you of this End-User agreement or any applicable law or regulation
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18. COMPLAINTS
18.1. You may submit a complaint to us about another User.
18.2. When handling a complaint, we shall:
(a) investigate the matter having regard to the information provided by the other User and yourself;
(b) determine whether any compensation shall be due to you and if so, how much and in what form.
18.3. Our handling of the complaint does not under any circumstances bind us as a party in any contractual relationship for or in connection with the provision of the Digital Media.
18.4. This provision does not replace yours or the Publisher’s right to pursue proceedings or take any form of action against the other.
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19. TERMINATION OF THIS END-USER AGREEMENT
19.1. You may terminate this End-User Agreement at any time, by:
(a) notifying PressHop; and
(b) closing your Account.
19.2. If, at the time at which you choose to close your Account, you still have Digital Media available for purchase on the Platform, you may elect to either:
(a) remove your available Digital Media from the Platform and close your Account;
(b) discount your available Digital Media by an amount determined by you and keep your Account open until all available Digital Media has been sold, at which point your Account will be closed; or
(c) discount your available Digital Media by an amount determined by you and keep your Account open for seven days, at which point any remaining available Digital Media will be removed and your Account will be closed.
19.3. Without prejudice to our rights hereunder, we may terminate this End-User Agreement immediately without notice to you:
(a) if you commit a breach of this End-User Agreement which you fail to remedy (if remediable) within 3 days after being notified to do so;
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions;
(c) if we have any reason to suspect that your use of the Platform and Services is unlawful, or that it would bring us and/or other Users or the Platform into disrepute;
(d) if we believe that we are required to terminate your use of the Platform and Services by law or any instruction of a regulator or other body with competent authority; or
(e) if we withdraw the Platform from service, or otherwise reorganise or restructure our business so as to necessitate the termination or suspension of provision of the Platform or Service to you.
19.4. Without prejudice to our rights hereunder, we may terminate this End-User Agreement, or generally cease offering or deny access to the Platform and Services or any portion thereof, at any time for any or no reason whatsoever, immediately by notifying you in writing.
19.5. On termination for any reason:
(a) all rights granted to you under this End-User Agreement shall cease;
(b) you must immediately cease all activities authorised by this End-User Agreement, including your use of any Services;
(c) your Account will be closed and all Digital Media removed from the Platform and deleted from your Account; and
(d) you must immediately delete or remove the Platform from all Devices, and immediately destroy all copies of the Platform then in your possession, custody or control and confirm to us that you have done so.
19.6. As per clause 19.5(c), once your Account has been closed, any Digital Media and other Content you stored on the Platform will be deleted. You are responsible for ensuring that you have made suitable copies and/or backed up any of your Digital Media and/or Content. PressHop will not be liable to you for any Digital Media or Content which you lose access to as a result of your Account being closed or this End-User Agreement being terminated.
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20. COMMUNICATION BETWEEN US
20.1. If you wish to contact us, please contact us using the chat functionality available on the Platform or by e-mail at support@presshop.co.uk
20.2. If we have to contact you or give you notice in writing, we will do so by e-mail using the contact details you have provided to us or via any messaging or notification service available on the Platform.
20.3. Where any communication or notification is sent by e-mail, text message or via the Platform, such communication or notification shall be deemed received at the time of transmission (provided that the sender does not receive any kind of transmission failure notice).
21. EVENTS OUTSIDE OUR CONTROL
21.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this End-User Agreement that is caused by any act or event beyond our reasonable control, including, without limitation, failure of public or private telecommunications networks (each an “Event Outside Our Control”).
21.2. If an Event Outside Our Control takes place that affects the performance of our obligations under this End-User Agreement, the End-User Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
21.3. An “Event Outside Our Control" includes, but is not limited to, acts of God, natural disasters, war, terrorism, civil commotion, riots, strikes, epidemics or pandemics, failures of public or private telecommunications networks, or changes in law or regulation which materially affect the operation of the Platform.
21.4. We shall take reasonable steps to prevent or minimise delay.
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22. OTHER IMPORTANT TERMS
22.1. We may transfer our rights and obligations under this End-User Agreement to another organisation, but this will not affect your rights under this End-User Agreement.
22.2. You may only transfer your rights or obligations under this End-User Agreement to another person if we agree in writing.
22.3. If we fail to insist that you perform any of your obligations under this End-User Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
22.4. Each of the terms of this End-User Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms will remain in full force and effect.
22.5. This End-User Agreement, and any documents referred to therein, its subject matter and its formation, are governed by the law of England and Wales. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to settle any disputes (including non contractual) arising from or in connection with this End-User Agreement.
22.6. If you are a Consumer domiciled elsewhere in the United Kingdom, you may benefit from mandatory protections afforded to you by the laws of your place of residence, and nothing in this End-User Agreement shall affect your rights under such mandatory local laws
22.7. The use of this Platform is lawful in England and Wales. Should you choose to use the Platform, anywhere else in the world you are responsible for checking local law and ensuring your compliance with it.