Marketplace Terms & Conditions

1. Definitions & legal framework

In these Marketplace Terms, unless the context requires otherwise:

1. Platform means the SitePost website, applications, and related services that host the UK stock photography marketplace.
2. Creator means a user who lists images for sale on the marketplace.
3. Buyer means a user who purchases a listed image through the marketplace.
4. Imagemeans a photographic work within the meaning of section 4(2) of the Copyright, Designs and Patents Act 1988 (“CDPA 1988”) and any associated metadata or files offered or sold via the marketplace.
5. Exclusive Licencemeans the exclusive licence granted to the Buyer on successful payment as described in section 4, within the meaning of section 92 CDPA 1988, under which the Image is removed from public sale on the Platform for that listing and the Buyer receives the rights set out there.
6. User-to-User Licence means the direct licensing arrangement facilitated by the Platform between a Creator (as licensor) and a Buyer (as licensee). The Platform acts solely as an intermediary and is not a party to the licence itself.

All references to copyright, moral rights, and licensing in these terms are construed in accordance with the Copyright, Designs and Patents Act 1988 and any statutory instruments made under it.

2. Listing images

2.1 Rights and warranties

By listing an Image, the Creator warrants and represents that they own or control all rights necessary to offer the Image for sale and to grant the Exclusive License described in these terms. The Creator is responsible for the accuracy of listings and for any claims arising from the Image or its use.

2.2 Content guidelines

Creators must not list content that:

• is illegal, fraudulent, or promotes unlawful activity;
• includes identifiable minors without appropriate parental or guardian consent and compliance with applicable child-protection and privacy laws;
• infringes third-party rights, including images dominated by third-party trademarks, trade dress, or branded goods where such use is not authorised and would mislead or require a separate licence.

2.3 Pricing

The fixed purchase price for each Image on the marketplace is 99 pence (GBP £0.99) per sale, unless the Platform notifies Creators of a change in writing. Creators may not circumvent fixed pricing through the Platform.

3. Purchasing & delivery

1. On successful payment, the Buyer receives an Exclusive Licence(within the meaning of section 92 CDPA 1988) to use the purchased Image for any commercial or personal purpose, subject to applicable law and any residual third-party rights the Creator does not control.
2. The listed Image is immediately delisted from the marketplace upon completion of the purchase so that it is no longer offered for sale to other Buyers.
3. The full-resolution, unwatermarkedversion of the Image is delivered to the Buyer by being added to the Buyer's media library on the Platform, clearly identified as a purchased image. The watermarked preview is replaced by the original file.
4. The Buyer may download and use the purchased Image from their media library at any time, subject to these terms.

4. Copyright & creator rights (CDPA 1988)

• Under section 11 CDPA 1988, the Creator retains original copyrightin the Image as the author of the work. The Buyer receives the Exclusive Licence described in section 3, not an assignment of copyright, unless expressly agreed in a separate written document signed by the Creator in accordance with section 90(3) CDPA 1988.
• The Creator's moral rights under Chapter IV CDPA 1988 (including the right to be identified as author under section 77 and the right to object to derogatory treatment under section 80) are acknowledged. The Creator may assert their right of paternity in accordance with section 78 CDPA 1988.
• The Creator may continue to use the Image elsewhere outside this Platform(for example in their portfolio or on other channels), provided such use does not breach the Exclusive Licence granted to the Buyer (e.g. by re-selling or exclusively licensing the same work on another platform after sale via this Platform).
• The Creator grants the Platform a non-exclusive right to display preview versions of listed Images (which may include watermarks or technical restrictions) for promotion, discovery, and operation of the marketplace.

4A. User-to-user licensing

Each transaction on the marketplace constitutes a direct user-to-user licence between the Creator and the Buyer. The Platform facilitates payment processing, image delivery, and licence administration but is not itself the licensor or licensee.

• The Buyer's Exclusive Licence is granted by the Creator, not by the Platform. The Platform does not warrant or represent that it owns or controls any rights in the Images listed by Creators.
• Disputes regarding copyright ownership, licence scope, or alleged infringement between Creator and Buyer are matters between those parties. The Platform will cooperate reasonably with legitimate requests for information subject to its privacy policy and applicable law.
• In the event of a valid claim under Part I, Chapter VI CDPA 1988 (remedies for infringement), the Platform may suspend or remove the relevant Image and/or withhold payouts pending resolution.

5. Platform fees

For each completed sale at the fixed price of 99p, the Platform retains a 20% platform fee (20p), and 80% (79p) is credited to the Creator in accordance with payout arrangements. Fees may be subject to payment processor charges or taxes as applicable.

6. Payouts

Creator payouts are processed via Stripe Connect (or successor integration). Timing and availability of funds are subject to Stripe's standard schedule, verification requirements, and the Creator's account status. The Platform does not guarantee same-day settlement.

7. Prohibited conduct

Users must not:

• upload stolen, infringing, or misrepresented content;
• use bots, scripts, or coordinated activity to manipulate purchases, rankings, or availability;
• attempt to circumvent watermarks, technical access controls, or download restrictions except through authorised purchase flows.

8. Content moderation

The Platform reserves the right to remove or restrict listings, suspend accounts, or refuse service where content or conduct violates these terms, applicable law, or reasonable operational or brand standards. The Platform is not obliged to pre-moderate all listings.

9. Liability limitations

To the fullest extent permitted by law, the Platform provides the marketplace "as is" and disclaims warranties not expressly stated. The Platform is not liable for indirect or consequential losses, loss of profits, or loss of data, except where liability cannot be excluded under applicable law. Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud, or other liability that cannot lawfully be limited. Creators and Buyers are responsible for their own compliance with law and for disputes arising between them, save where the Platform's own conduct is at issue.

10. Governing law

These Marketplace Terms are governed by the laws of England and Wales. The courts of England and Wales have non-exclusive jurisdiction, subject to mandatory consumer protections where applicable.

11. Contact

Questions about these terms: [email protected].