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Creator General Terms and Conditions
PESETA.MEDIA CREATOR GENERAL TERMS AND CONDITIONS Version 1.1 Last updated: 1 October 2026 These General Terms and Conditions (“Terms”) are entered into between the creator accepting these Terms (“Creator”, “you” or “your”) and PESETA.MEDIA LTD, a company incorporated and registered in England and Wales with company number 17495003, whose registered office is at 124 City Road, London, EC1V 2NX, United Kingdom (“Peseta.Media”, “we”, “us” or “our”). By clicking “I ACCEPT”, signing electronically, or otherwise expressly accepting these Terms, you confirm that you have read and understood them and agree to be legally bound by them. KEY TERMS — PLEASE READ The following points are particularly important: YOU KEEP OWNERSHIP. You retain copyright and ownership of your Content. THE LICENCE IS NON-EXCLUSIVE. You remain free to publish, monetise and license your Content elsewhere, subject to existing licences already granted through Peseta.Media. THE LICENCE COVERS CONTENT ON YOUR LISTED ACCOUNTS. Unless Content is specifically excluded, these Terms apply to Content that you own or control and that is published on the social-media accounts, profiles or channels you identify to Peseta.Media while these Terms remain in force. PESETA.MEDIA MAY COMMERCIALLY LICENSE YOUR CONTENT. You authorise PESETA.MEDIA LTD to market, distribute, license and sublicense your Content to publishers, broadcasters, brands, agencies, production companies, digital platforms and other Clients. YOU DO NOT RECEIVE A SHARE OF CLIENT LICENSING REVENUE. Unless PESETA.MEDIA LTD expressly agrees otherwise with you in writing, you are not entitled to a licence fee, royalty, revenue share or other payment when Content is licensed to a Client. WE WILL SEEK CREDIT WHERE APPROPRIATE, BUT CANNOT GUARANTEE IT. Where commercially practicable, Peseta.Media will use reasonable efforts to request that Clients credit you and/or link to an account or platform you have provided. Final attribution is controlled by the Client, publisher and/or platform. A Client’s failure to provide credit or a link does not invalidate its licence and does not, by itself, constitute a breach by Peseta.Media. NOT ALL CONTENT IS CLEARED FOR ADVERTISING. Content may be categorised as suitable for editorial use, commercially cleared use, or subject to restrictions depending on third-party rights and permissions. EXISTING CLIENT LICENCES SURVIVE TERMINATION. You may terminate these Terms, but licences already granted to Clients continue for the duration and scope for which they were granted. The remainder of these Terms explains these provisions in detail. 1. ABOUT PESETA.MEDIA 1.1 Peseta.Media operates a content discovery and licensing business through which videos, photographs and other creator content may be identified, presented and licensed to publishers, broadcasters, brands, agencies, production companies, digital platforms and other commercial customers. 1.2 These Terms govern the rights you grant to Peseta.Media in relation to Content associated with Accounts that you identify to us. 1.3 References to “Peseta.Media”, “we”, “us” or “our” mean PESETA.MEDIA LTD. 2. DEFINITIONS In these Terms: “Account” means any social-media account, profile, channel or other content source that you identify, submit, connect or designate to Peseta.Media as being covered by these Terms. “Client” means any third party to whom Peseta.Media markets, distributes, licenses, sublicenses or otherwise lawfully makes Content available, including publishers, broadcasters, brands, agencies, production companies and digital platforms. “Content” means video, photographs, audio, captions, accompanying text, thumbnails or other media published on or supplied from an Account, but only to the extent that you own or control the rights necessary to grant the Licence contained in these Terms. “Commercially Cleared Content” has the meaning given in clause 8. “Editorial Content” has the meaning given in clause 8. “Licence” means the rights granted to Peseta.Media under clause 5. “Platform” means any website, catalogue, database, marketplace, content-management system or other service operated by or on behalf of PESETA.MEDIA LTD. “Third-Party Material” means copyright works, music, recordings, photographs, footage, artwork, graphics, trademarks or other material contained in Content but not owned or controlled by you. 3. THE COMMERCIAL ARRANGEMENT 3.1 In consideration of the rights granted by the Creator under these Terms, Peseta.Media may make eligible Content available to prospective Clients, facilitate and administer licensing opportunities, and, where commercially practicable, request creator attribution or links from Clients. 3.2 Peseta.Media does not guarantee: (a) that any particular Content will be selected; (b) that Content will be shown to any particular Client; (c) that any Client will acquire a licence; (d) any minimum number of licences; (e) any particular level of audience, exposure or engagement; (f) that a Client will provide attribution or a direct link; or (g) that Content will generate revenue. 3.3 Unless PESETA.MEDIA LTD expressly agrees otherwise with you in writing, you are not entitled to: (a) any licence fee; (b) royalty; (c) revenue share; (d) commission; or (e) other monetary payment, arising from Peseta.Media’s licensing or sublicensing of Content to Clients. 3.4 The fact that Peseta.Media charges a Client for use of Content does not create an obligation to account to you for any part of that amount unless a separate written agreement expressly provides otherwise. 4. OWNERSHIP OF CONTENT 4.1 You retain ownership of your Content. 4.2 Nothing in these Terms assigns or transfers ownership of your copyright to Peseta.Media. 4.3 The Licence is non-exclusive. 4.4 Subject to licences already granted under these Terms, you remain free to: (a) use and publish Content yourself; (b) monetise Content through your own channels; (c) license Content directly to other parties; (d) appoint other non-exclusive representatives or licensing businesses; and (e) remove Content from your own Accounts. 4.5 Peseta.Media does not acquire ownership of your Accounts. 5. LICENCE TO PESETA.MEDIA 5.1 You grant PESETA.MEDIA LTD a worldwide, non-exclusive, transferable and sublicensable licence to exercise the rights specified in this clause in relation to Content. 5.2 The Licence includes the right to: (a) reproduce and copy Content; (b) download, ingest, host and store Content; (c) display and communicate Content to the public; (d) publish and republish Content; (e) distribute Content; (f) transmit and broadcast Content; (g) make Content available through websites, apps, social-media platforms, television, digital services and other media; (h) market, advertise, demonstrate and promote Content for licensing purposes; (i) commercially exploit Content; (j) license and sublicense Content to Clients; (k) authorise Clients to publish, display, distribute, broadcast and otherwise use Content; (l) authorise distributors, platforms, syndication partners and service providers involved in a Client’s permitted use to handle Content where reasonably necessary; (m) include Content in articles, programmes, compilations, social-media posts, presentations, campaigns and other permitted works; (n) make reasonable adaptations in accordance with clause 9; and (o) exercise other rights reasonably necessary to administer and give effect to a licence permitted by these Terms. 5.3 The Licence applies throughout the world. 5.4 The Licence applies across media and formats existing at the date of acceptance or developed subsequently. 5.5 Except where these Terms expressly provide otherwise, Peseta.Media is not required to obtain separate approval from you before licensing an individual item of Content covered by these Terms. 5.6 Nothing in this clause grants Peseta.Media rights in Third-Party Material beyond rights that you lawfully own or are authorised to sublicense. 6. CONTENT COVERED BY THE LICENCE 6.1 Unless expressly excluded under clause 6.5, these Terms apply to all Content owned or controlled by you and published on the Accounts that you identify to Peseta.Media while these Terms remain in force. 6.2 Individual Content does not need to be submitted to or separately approved by you before being covered by the Licence. 6.3 Content newly published on a covered Account while these Terms remain active automatically falls within the Licence, provided you own or control the necessary rights. 6.4 Content published before acceptance of these Terms may also be covered where: (a) it remains available through a listed Account; and (b) you own or control the rights necessary to grant the Licence. 6.5 You and Peseta.Media may agree in writing that: (a) particular Content; (b) an Account; or (c) a category of Content is excluded from the Licence. 6.6 Content ceases to become newly subject to these Terms after termination takes effect in accordance with clause 20. 7. THIRD-PARTY MATERIAL 7.1 The Licence applies only to rights that you own or are legally entitled to grant. 7.2 The presence of Third-Party Material within Content does not mean that Peseta.Media acquires rights in that Third-Party Material. 7.3 Third-Party Material may include, without limitation: (a) commercially released music; (b) music made available through TikTok, Instagram, YouTube or another social-media platform; (c) television or film footage; (d) third-party photographs or videos; (e) artwork; (f) trademarks; (g) graphics; (h) sound recordings; and (i) other copyright-protected material. 7.4 Permission to use music or other material on a particular social-media platform does not necessarily permit that material to be commercially licensed or used outside that platform. 7.5 You must tell Peseta.Media about any known material restriction affecting Content. 7.6 Peseta.Media may: (a) remove Third-Party Material; (b) mute or replace music; (c) crop or otherwise remove restricted material; (d) request an alternative version from you; (e) restrict the category of licence offered; (f) designate Content as Editorial Content only; or (g) decline to license the Content. 7.7 Where Third-Party Material is not cleared, the Licence remains effective in relation to the elements of Content that you own or control. 8. EDITORIAL AND COMMERCIALLY CLEARED CONTENT 8.1 Peseta.Media may categorise Content according to the rights and permissions reasonably understood to be available. Commercially Cleared Content 8.2 Content may be designated “Commercially Cleared” where Peseta.Media reasonably understands that sufficient permissions have been obtained for the proposed commercial use. 8.3 Where you represent Content as Commercially Cleared, you confirm, to the best of your knowledge and belief, that: (a) you own or control the relevant copyright; (b) material Third-Party Material has been appropriately cleared or disclosed; (c) identifiable persons whose permission is reasonably required for the relevant commercial use have provided appropriate permission; and (d) you are not aware of contractual restrictions preventing the proposed use. 8.4 Commercially Cleared Content may, subject to the scope of the applicable permissions and Client licence, be offered for uses including advertising, branded content, marketing and promotional campaigns. Editorial Content 8.5 Content may be designated “Editorial Only” where Peseta.Media does not have sufficient confirmation of the releases, permissions or clearances that would reasonably be required for broader advertising or endorsement use. 8.6 Editorial Content may be offered for appropriate publishing, news, commentary, factual, documentary, entertainment or similar uses, subject always to applicable law and the Client’s responsibility to assess its proposed use. 8.7 Designation as Editorial Content does not constitute a representation by Peseta.Media that every possible editorial use is lawful. Restricted Content 8.8 Peseta.Media may impose particular restrictions on Content where necessary, including restrictions relating to: (a) territory; (b) medium; (c) Client type; (d) advertising; (e) sensitive contexts; (f) music; (g) identifiable individuals; or (h) other rights limitations. 8.9 Peseta.Media may change a Content classification where new rights information becomes available. 9. EDITING AND ADAPTATION 9.1 You authorise Peseta.Media and Clients acting within their licences to make reasonable edits and adaptations necessary for permitted publication, distribution and use. 9.2 These may include: (a) cropping; (b) resizing; (c) reframing; (d) changing aspect ratio; (e) trimming; (f) shortening; (g) adding captions or subtitles; (h) translating spoken or written content; (i) adding graphics, titles, logos or overlays; (j) adjusting audio or image quality; (k) removing or replacing uncleared music or Third-Party Material; (l) creating thumbnails, previews or excerpts; and (m) incorporating Content into a larger work. 9.3 Peseta.Media must not itself knowingly alter Content for the purpose of materially misrepresenting the Creator or the original event depicted. 9.4 Clause 9.3 does not make Peseta.Media responsible for editorial decisions independently made by Clients outside Peseta.Media’s reasonable control. 10. ATTRIBUTION, CREDIT AND LINKS 10.1 Where commercially practicable and appropriate to the relevant use, Peseta.Media will use commercially reasonable efforts to request that a Client: (a) credits the Creator; (b) identifies the Creator’s social-media handle; and/or (c) includes a direct link to an Account or platform supplied by the Creator. 10.2 Attribution may take the form reasonably appropriate to the Client’s platform, format and publication. 10.3 You acknowledge that the final decision regarding attribution may be controlled by: (a) the Client; (b) a publisher; (c) a broadcaster; (d) a social-media or technology platform; (e) technical limitations; (f) editorial policies; or (g) circumstances outside Peseta.Media’s reasonable control. 10.4 Peseta.Media does not guarantee that any particular publication or Client use will contain: (a) your name; (b) your handle; (c) a clickable link; (d) a tag; or (e) any other attribution. 10.5 Peseta.Media will not be in breach of these Terms merely because a Client, publisher or platform fails or declines to provide requested attribution, provided Peseta.Media has complied with its obligation in clause 10.1 where applicable. 10.6 Failure by a Client to provide attribution does not: (a) invalidate the Client’s licence; (b) automatically terminate the Licence; (c) make an otherwise authorised use an infringement by Peseta.Media; or (d) create an entitlement to licence revenue or other payment from Peseta.Media. 10.7 If you notify Peseta.Media of missing or materially incorrect attribution, Peseta.Media may, where reasonable and practicable, ask the Client to correct it. 10.8 Peseta.Media does not guarantee that the Client will make the requested correction. 11. NAME, LIKENESS AND CREATOR INFORMATION 11.1 You grant Peseta.Media permission to use the following for the purpose of identifying, presenting and licensing Content: (a) your creator name; (b) social-media username or handle; (c) Account name; (d) profile image; (e) biographical information voluntarily supplied by you; and (f) your likeness where it forms part of Content. 11.2 Peseta.Media may provide appropriate creator and source information to Clients for attribution and rights-management purposes. 11.3 Nothing in these Terms permits Peseta.Media to falsely state that you personally endorse: (a) a product; (b) brand; (c) organisation; (d) political position; (e) religion; or (f) cause, where no such endorsement exists. 12. MORAL RIGHTS 12.1 To the fullest extent permitted by applicable law, you irrevocably waive in favour of PESETA.MEDIA LTD, its Clients, licensees, sublicensees, successors in title and permitted assigns all moral rights that you have or may have in Content, including rights arising under Chapter IV of Part I of the Copyright, Designs and Patents Act 1988 and equivalent rights arising under the laws of other jurisdictions. 12.2 The waiver in clause 12.1: (a) applies to existing and future Content covered by these Terms; (b) applies worldwide to the fullest extent permitted by law; and (c) is intended to permit the editing, adaptation, publication, distribution and licensing activities expressly authorised by these Terms. 12.3 Where a moral right cannot legally be waived, you consent to the acts expressly authorised by these Terms and agree, to the extent permitted by law, not to assert that right in a manner inconsistent with the authorised exercise of the Licence. 12.4 Nothing in this clause authorises deliberate false attribution of authorship where prohibited by law. 12.5 Your electronic acceptance of these Terms is intended by you to authenticate and sign these Terms, including the waiver contained in this clause, to the fullest extent permitted by applicable law. 13. CREATOR WARRANTIES 13.1 You represent and warrant that: (a) you are at least 18 years old; (b) you have legal capacity to enter into these Terms; (c) you own the Content or otherwise control the rights necessary to grant the Licence; (d) you have authority to enter into these Terms; (e) granting the Licence does not knowingly breach an existing agreement binding upon you; (f) except as disclosed to Peseta.Media, you are not aware that exploitation of Content as authorised by you infringes another person’s copyright or intellectual-property rights; (g) where another person owns or jointly owns relevant rights in Content, you have obtained the authority necessary to grant those rights; (h) any Commercially Cleared designation or rights information supplied by you is materially accurate to the best of your knowledge; (i) you have not knowingly provided materially false information about the origin, authorship, ownership or clearance status of Content; (j) Content has not been unlawfully obtained; and (k) you will promptly tell Peseta.Media if you become aware of a material ownership dispute, rights dispute, legal claim or restriction affecting Content. 13.2 You are not required to warrant ownership of Third-Party Material that you have clearly disclosed as third-party material and which Peseta.Media knows requires separate clearance. 14. SUBLICENSING AND CLIENT LICENCES 14.1 You expressly authorise PESETA.MEDIA LTD to grant commercial licences and sublicences of Content to Clients. 14.2 Subject to the applicable clearance status, Client licences may permit uses including: (a) digital publishing; (b) social-media publishing; (c) websites; (d) applications; (e) television; (f) broadcasting; (g) streaming; (h) digital video; (i) editorial publishing; (j) documentary or factual programming; (k) entertainment; (l) advertising; (m) marketing; (n) branded content; (o) promotional campaigns; and (p) other uses within the rights granted under these Terms. 14.3 Peseta.Media may determine: (a) Client pricing; (b) licence duration; (c) territory; (d) media; (e) permitted use; (f) distribution arrangements; and (g) other commercial terms, provided the Client licence does not knowingly exceed the rights available to Peseta.Media. 14.4 Peseta.Media is not required to obtain separate approval from you for each Client licence. 14.5 Peseta.Media may retain all sums received from Clients unless a separate written agreement with you expressly provides otherwise. 15. EXISTING LICENCES 15.1 A licence validly granted by Peseta.Media while these Terms are in force remains valid according to its terms notwithstanding: (a) deletion of Content from your Account; (b) termination of these Terms; (c) removal of an Account from Peseta.Media; (d) a subsequent licence granted by you to another party; or (e) your subsequent decision not to offer Content for new licensing. 15.2 Termination does not retrospectively revoke Client rights already granted. 15.3 A Client may continue to use Content for the full duration and scope of its existing licence. 15.4 Peseta.Media may continue taking reasonable steps after termination to administer, document, support and enforce licences granted before termination. 16. EXCLUSIVITY AND CONFLICTING RIGHTS 16.1 The Licence granted to Peseta.Media is non-exclusive. 16.2 You may therefore continue licensing Content elsewhere. 16.3 You must not knowingly grant a subsequent right that purports retrospectively to invalidate or prevent exercise of: (a) rights previously granted to Peseta.Media; or (b) an existing Client licence. 16.4 If you propose to grant exclusive rights in particular Content, you should notify Peseta.Media where those rights could conflict with rights already granted under these Terms. 16.5 Following receipt of such notice, Peseta.Media will use reasonable efforts not to enter into new licences inconsistent with the notified exclusivity, except where Peseta.Media is already contractually committed or otherwise entitled to complete an existing transaction. 16.6 Existing Client licences remain unaffected. 17. CONTENT SELECTION AND REMOVAL 17.1 Peseta.Media is not obliged to accept, display or license any Content. 17.2 Peseta.Media may remove or suspend Content from its active catalogue where it reasonably considers this appropriate, including because of: (a) rights concerns; (b) legal risk; (c) Client requirements; (d) quality considerations; (e) platform requirements; (f) reputational concerns; or (g) commercial considerations. 17.3 Removal from the catalogue does not invalidate an existing Client licence. 18. RIGHTS DISPUTES 18.1 You must notify Peseta.Media promptly if you become aware that Content is subject to: (a) a copyright dispute; (b) ownership dispute; (c) privacy complaint; (d) model-release issue; (e) exclusivity dispute; (f) legal claim; or (g) other material rights restriction. 18.2 Peseta.Media may suspend new licensing while investigating. 18.3 Peseta.Media may provide relevant rights information to Clients where reasonably necessary to manage a dispute. 18.4 Where Content has already been validly licensed, Peseta.Media may be unable to revoke that licence retrospectively. 19. TERM 19.1 These Terms commence when you accept them. 19.2 They continue until terminated in accordance with clause 20 or clause 22. 20. TERMINATION BY THE CREATOR 20.1 You may terminate these Terms at any time by sending written notice to Peseta.Media using the contact method specified on the Peseta.Media website or Platform. 20.2 Unless Peseta.Media confirms an earlier date, termination takes effect 30 days after receipt of your notice. 20.3 During the notice period: (a) Content remains subject to these Terms; (b) Peseta.Media may continue offering Content for licensing; and (c) Client licences may continue to be entered into. 20.4 From the effective termination date: (a) newly published Content will not automatically fall within the Licence; (b) Peseta.Media will cease actively offering Content for new licences within a reasonable administrative period; (c) Peseta.Media may retain archival and evidential copies; (d) existing Client licences continue; (e) Peseta.Media may continue administering existing licences; and (f) provisions intended to survive termination remain effective. 20.5 Peseta.Media will use reasonable efforts to remove Content from its active licensing catalogue within 30 days after the effective termination date, except to the extent continued availability is reasonably required to administer an existing licence or legal obligation. 21. TRANSACTIONS IN PROGRESS AT TERMINATION 21.1 If, before the effective termination date: (a) Peseta.Media has supplied Content to a prospective Client for review; (b) issued a licence quotation; (c) materially negotiated a proposed licence; or (d) received a firm Client request for the Content, Peseta.Media may complete that transaction for up to 30 days after the effective termination date. 21.2 Any licence completed under clause 21.1 will be treated as a valid existing Client licence for the purposes of these Terms. 21.3 After that period, no new Client licence may be entered into unless you agree otherwise. 22. TERMINATION OR SUSPENSION BY PESETA.MEDIA 22.1 Peseta.Media may terminate these Terms by written notice. 22.2 Peseta.Media may suspend Content or terminate these Terms immediately where it reasonably believes: (a) you materially breached these Terms; (b) you knowingly supplied materially false rights information; (c) you lack necessary rights in Content; (d) Content creates a material legal or regulatory risk; (e) fraudulent activity has occurred; or (f) continued exploitation would be unlawful. 22.3 Where a breach is capable of remedy and immediate action is not reasonably necessary, Peseta.Media may give you a reasonable opportunity to remedy it. 22.4 Termination by Peseta.Media does not invalidate Client licences already granted. 23. INDEMNITY 23.1 Subject to this clause, you will indemnify PESETA.MEDIA LTD against reasonable losses, liabilities, damages and external legal costs finally incurred or reasonably agreed in settlement of a third-party claim to the extent that the claim directly results from: (a) your material breach of the ownership or authority warranties in clause 13; (b) your knowingly granting rights that you did not own or control; (c) materially false information knowingly or recklessly supplied by you regarding ownership, permissions or clearance status; or (d) your fraud or wilful misconduct. 23.2 The indemnity does not apply to the extent that the relevant loss was caused or increased by: (a) Peseta.Media using Content outside the rights granted by you; (b) Peseta.Media materially altering Content in an unauthorised manner; (c) Peseta.Media’s negligence or wilful misconduct; or (d) Peseta.Media continuing a disputed use after it knew that the use was outside the Licence. 23.3 Where reasonably practicable, Peseta.Media will: (a) notify you of a relevant third-party claim; (b) provide reasonable information concerning the claim; (c) take reasonable steps to mitigate loss; and (d) permit you reasonable involvement in the defence of the claim, provided that Peseta.Media may retain control over proceedings affecting its business or Clients. 23.4 Peseta.Media will not seek recovery under this indemnity for speculative, punitive or purely remote losses that are not legally recoverable. 24. LIMITATION OF LIABILITY 24.1 Nothing in these Terms limits or excludes liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability which cannot lawfully be limited or excluded. 24.2 Subject to clause 24.1, Peseta.Media will not be liable for: (a) loss of anticipated revenue or opportunity arising solely because Content was not licensed; (b) loss of expected audience, followers, engagement or publicity; (c) a Client’s failure to provide attribution where Peseta.Media complied with clause 10; (d) acts or omissions of independent Clients outside Peseta.Media’s reasonable control; (e) indirect or consequential losses that were not reasonably foreseeable when these Terms were entered into; or (f) platform outages, suspensions or technical failures outside Peseta.Media’s reasonable control. 24.3 Nothing in these Terms excludes Peseta.Media’s responsibility for its own unauthorised use of Content outside the Licence. 24.4 Subject to clauses 24.1 and 24.3, the total aggregate liability of PESETA.MEDIA LTD to a Creator arising out of or in connection with these Terms, whether in contract, tort (including negligence), misrepresentation or otherwise, shall not exceed £149, being the standard price charged by Peseta.Media for a single Content licence at the date of these Terms. 24.5 The limitation in clause 24.4 applies only to the fullest extent permitted by law. Nothing in these Terms limits or excludes any liability that cannot lawfully be limited or excluded. 25. NO EMPLOYMENT, AGENCY OR PARTNERSHIP 25.1 Nothing in these Terms creates: (a) employment; (b) worker status; (c) partnership; (d) joint venture; or (e) authority for you to bind PESETA.MEDIA LTD. 25.2 You act independently when creating Content. 26. PRIVACY AND PERSONAL DATA 26.1 PESETA.MEDIA LTD processes personal data relating to Creators in connection with these Terms, including identity and contact information, Account information, Content and rights information, Creator acceptance records, technical information associated with acceptance, and information necessary to administer licences and rights. 26.2 Details of how PESETA.MEDIA LTD collects, uses, shares, transfers, retains and protects personal data, together with information about applicable lawful bases and your data-protection rights, are set out in the Peseta.Media Privacy & Cookies notice available at peseta.media/privacy. 26.3 The Privacy & Cookies notice provides the privacy information relevant to these Terms but does not form part of the copyright Licence granted by the Creator. 26.4 Acceptance of these Terms does not constitute consent to any processing activity where applicable data-protection law requires separate, freely given consent. 26.5 Where processing is based on consent, you may withdraw that consent in accordance with the Privacy & Cookies notice without affecting the lawfulness of processing carried out before withdrawal or processing carried out under another lawful basis. 27. ELECTRONIC ACCEPTANCE AND RECORDS 27.1 You agree that these Terms may be entered into electronically. 27.2 By clicking “I ACCEPT”, applying an electronic signature, or using another expressly identified acceptance mechanism, you intend to: (a) authenticate your acceptance; (b) enter into a legally binding agreement with PESETA.MEDIA LTD; and (c) sign these Terms electronically to the fullest extent permitted by law. 27.3 Peseta.Media may maintain records evidencing acceptance, including: (a) your name; (b) email address; (c) date and time of acceptance; (d) version of the Terms accepted; (e) Accounts identified by you; (f) the acceptance action taken; (g) IP address; (h) device or browser information; and (i) other reasonable audit information. 27.4 Peseta.Media may retain a copy, timestamp, version identifier or cryptographic record of the Terms accepted. 27.5 Peseta.Media should make a copy of the applicable Terms available to you following acceptance or otherwise provide a durable means by which you can retain them. 27.6 Electronic records maintained in accordance with this clause may be used as evidence of acceptance and of the rights granted. 28. PESETA.MEDIA INTELLECTUAL PROPERTY 28.1 These Terms do not transfer ownership of Peseta.Media’s intellectual property to you. 28.2 PESETA.MEDIA LTD retains its rights in its: (a) name; (b) branding and logos; (c) website; (d) Platform; (e) software; (f) database structure; (g) marketing materials; and (h) other proprietary materials. 29. FORCE MAJEURE 29.1 Neither party is responsible for delay or failure to perform an obligation caused by circumstances beyond its reasonable control. 29.2 This may include major infrastructure failures, telecommunications outages, natural disasters, war, civil disturbance, government action or industrial disruption. 29.3 This clause does not excuse liabilities that accrued before the relevant event. 30. ASSIGNMENT 30.1 You may not assign your obligations under these Terms without Peseta.Media’s prior written consent. 30.2 PESETA.MEDIA LTD may assign or transfer these Terms: (a) as part of a merger; (b) acquisition; (c) corporate reorganisation; (d) sale of the relevant business or assets; or (e) transfer to an entity that assumes Peseta.Media’s material obligations under these Terms. 30.3 An assignment does not invalidate Client licences already granted. 31. CHANGES TO THESE TERMS 31.1 Peseta.Media may make non-material changes to these Terms where reasonably necessary for: (a) administrative purposes; (b) clarification; (c) correcting errors; (d) technical changes; (e) changes in contact details; or (f) compliance with changes in law or regulation. 31.2 Peseta.Media will provide reasonable notice of a material change where appropriate. 31.3 A change that materially expands: (a) the scope of the Licence; (b) permitted commercial uses; (c) the categories of Content automatically covered; or (d) your material obligations, will not apply to future Content unless you have been given reasonable notice and, where appropriate, have expressly accepted the materially revised Terms. 31.4 No amendment retrospectively invalidates a Client licence validly granted under an earlier version of these Terms. 31.5 Peseta.Media will maintain or be able to identify the version of the Terms applicable to your acceptance. 32. NOTICES AND CONTACT DETAILS 32.1 Notices to PESETA.MEDIA LTD may be sent using the contact method specified on the Peseta.Media website or Platform. 32.2 Formal postal correspondence may be addressed to: PESETA.MEDIA LTD Company number: 17495003 124 City Road London EC1V 2NX United Kingdom 32.3 Peseta.Media may send contractual notices to the email address or other contact information you provide. 32.4 You are responsible for keeping your contact information reasonably current. 33. ENTIRE AGREEMENT 33.1 These Terms together with any specific written terms expressly agreed between you and PESETA.MEDIA LTD constitute the agreement between the parties concerning their subject matter. 33.2 Where separately agreed written terms expressly conflict with these Terms, those specific written terms prevail to the extent of the conflict. 33.3 Nothing in this clause excludes liability for fraud or fraudulent misrepresentation. 34. SEVERABILITY 34.1 If any provision is invalid, unlawful or unenforceable, it will be modified to the minimum extent necessary to make it valid and enforceable where legally possible. 34.2 If modification is not possible, the relevant provision will be treated as deleted. 34.3 The remainder of these Terms will continue in force. 35. NO WAIVER 35.1 A failure or delay in enforcing a right does not constitute a waiver of that right. 35.2 A waiver relating to one matter does not constitute a waiver relating to another matter. 36. THIRD-PARTY CONTRACTUAL RIGHTS 36.1 Unless expressly provided otherwise, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce these Terms. 36.2 Client rights to use Content arise from the licence or sublicense granted to the relevant Client by PESETA.MEDIA LTD and do not depend upon the Client having a separate right to enforce these Terms against you. 36.3 Nothing in this clause prevents a Client from exercising intellectual-property rights or permissions validly sublicensed to it. 37. GOVERNING LAW AND JURISDICTION 37.1 These Terms and any non-contractual obligations arising from or connected with them are governed by the law of England and Wales. 37.2 Subject to any mandatory rights that cannot lawfully be excluded, the courts of England and Wales will have jurisdiction over disputes arising from or connected with these Terms. 38. ACCEPTANCE By clicking “I ACCEPT”, signing electronically or otherwise expressly accepting these Terms, you confirm that: (a) you have read these Terms; (b) you understand that you retain ownership of your Content; (c) you understand that the Licence is non-exclusive; (d) you understand that the Licence covers Content owned or controlled by you on Accounts you identify while these Terms remain active, unless excluded; (e) you authorise PESETA.MEDIA LTD to commercially license and sublicense Content; (f) you understand that you do not receive a licence fee, royalty or revenue share unless separately agreed in writing; (g) you understand that Peseta.Media may make eligible Content available to prospective Clients, facilitate and administer licensing opportunities, and, where commercially practicable, request creator attribution or links from Clients; (h) you understand that Peseta.Media cannot guarantee that a Client will provide credit or a direct link; (i) you understand that a Client licence does not become invalid merely because credit is absent; (j) you understand that Third-Party Material is not automatically cleared merely because it appears within your Content; (k) you understand that advertising and other commercial uses may require additional permissions; (l) you understand that existing Client licences may survive termination; (m) you agree to the moral-rights provisions in clause 12; (n) you acknowledge that the Peseta.Media Privacy & Cookies notice at peseta.media/privacy explains how PESETA.MEDIA LTD processes personal data in connection with these Terms; (o) you intend your electronic acceptance to authenticate and electronically sign these Terms; and (p) you agree to be legally bound by these Terms. PESETA.MEDIA LTD Company number 17495003 Registered office: 124 City Road London EC1V 2NX United Kingdom