I am setting up a business whereby children can design their own backpacks. The creative process allows them to upload images and/or add their own drawings and text. If they uploaded a copyrighted image, based on the example T&C's below, of say a Manchester United football logo, who is liable - me or them?
Images and other material (including textual annotations to and comments on Images) uploaded, posted, contributed, distributed, communicated, transmitted or linked-to by a User on, through or in connection with Photobox are treated as "User Content" for the purposes of these Terms. Users must have the right to deal with their User Content in the manner provided by our Services. You must not upload User Content, or otherwise deal with User Content through Photobox, if you do not have the right to do so. Each User shall ensure that his/her User Content does not:
infringe anyone’s copyright; in particular, you must ensure that you either own the copyright in an Image that you upload to Photobox or that you are fully licensed by the copyright owner to upload the Image and to make any subsequent use of it (such as by including the Image in a personalised Product);
infringe any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;
contravene any applicable law (including, without limitation, any criminal law) or regulation;
include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
misrepresent the User's identity in any way or impersonate any person;
include any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person;
contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
harass, upset, embarrass, alarm or annoy any person;
give the impression that it emanates from us, if this is not the case;
advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
infringe our fair use requirements (see Clause 4 above) or otherwise interfere with the proper working of Photobox.
The above are our Content Rules.
Although we prohibit the uploading of Images and other User Content which infringes our Content Rules, we cannot control and do not monitor or pre-screen the use of our Site and App. It is possible that Images or other User Content may be accessible through our Site and App which contravenes our Content Rules. We are not responsible for such Images or User Content, but if you become aware of any such Images or User Content on our Site or App please contact us here.
We may without notice delete any Image or other User Content which appears to breach our Content Rules, or prevent any use of Services (including purchase of Products) which includes any such Image or User Content.