Website Terms & Conditions of Use

1. Introduction

These Terms & Conditions of Use ("Terms", "Terms and Conditions" or "Agreement") govern your access to and use of the website operated by David Learman ("we", "us", "our", "David Learman" or the "Photographer"), including all associated webpages, galleries, online stores, booking facilities, digital content, downloadable materials, communications and other services made available through the website (collectively, the "Website").

By accessing, browsing, using or purchasing from the Website, you acknowledge that you have read, understood and agree to be bound by these Terms.

If you do not agree with these Terms, you must not use the Website.

These Terms should be read together with any other terms specifically applicable to products or services offered through the Website, including:

• Privacy Policy;
• Cookie Policy;
• Photography Print Sales Terms;
• Image Licensing Terms;
• Photography Tour Terms & Conditions;
• Workshop or Course Terms;
• Commissioning Terms; and
• any specific terms displayed at the point of purchase or booking.

Where specific terms apply to a particular product or service, those terms will prevail over these general Website Terms to the extent of any inconsistency.

2. About the Photographer

The Website is operated by:
David Learman
Al Hamra Village
Ras Al Khaimah
United Arab Emirates

Email: info@davidlearman.com
Website: https://davidlearman.com

Where appropriate, references to "David Learman" include David Learman personally and any business entity through which photographic, artistic, educational, licensing, touring or related activities are conducted.

3. Definitions

For the purposes of these Terms:

"Content" means all material appearing on or accessible through the Website, including photographs, images, artwork, videos, text, graphics, logos, designs, articles, reviews, information, downloadable files, audio, software and other material.

"Photographs" means all photographs, photographic images, digital files, prints, reproductions and derivative photographic works created by or on behalf of the Photographer.

"Website" means the website operated by David Learman Photography and any associated webpages, galleries, online services and digital platforms.

"User", "you" or "your" means any person accessing or using the Website.

"Services" means any photographic tours, workshops, courses, commissions, licensing arrangements, consultancy, tuition, exhibitions, events or other services offered through the Website.

"Products" means physical or digital goods offered through the Website, including photographic prints, books, merchandise, digital products and other photographic works.

4. Acceptance of These Terms

Your use of the Website constitutes acceptance of these Terms.

If you use the Website on behalf of a company, organisation or other legal entity, you represent that you have authority to bind that entity to these Terms.

We reserve the right to amend these Terms from time to time. Updated Terms will be published on the Website with a revised "Last Updated" date.

Your continued use of the Website following publication of revised Terms constitutes acceptance of the amended Terms.

5. Permitted Use of the Website

You may use the Website for lawful personal, informational and legitimate commercial purposes, including:

• viewing photographic galleries;
• learning about the Photographer and his work;
• enquiring about photographic services;
• purchasing photographic products;
• booking tours, workshops or other services;
• obtaining information about exhibitions and events;
• contacting the Photographer; and
• sharing links to publicly accessible pages of the Website.

You must use the Website in accordance with these Terms and all applicable laws and regulations.

6. Prohibited Uses

You must not use the Website:

1. for any unlawful, fraudulent or malicious purpose;
2. to infringe the intellectual property rights of the Photographer or any third party;
3. to reproduce, copy, download, scrape or systematically collect Website Content without permission;
4. to redistribute or commercially exploit Photographs without an appropriate licence;
5. to remove copyright notices, watermarks, metadata or other rights-management information;
6. to use Photographs as training data for artificial intelligence or machine-learning systems without prior written permission;
7. to create derivative works from Photographs without permission;
8. to represent the Photographer's work as your own;
9. to impersonate the Photographer or falsely suggest an association, endorsement or affiliation;
10. to interfere with the security or operation of the Website;
11. to introduce viruses, malware or other harmful material;
12. to attempt to gain unauthorised access to Website systems or accounts;
13. to use automated systems to harvest or scrape Website Content, except where expressly permitted by applicable law;
14. to reproduce substantial portions of the Website for another website, publication, database or service;
15. to use Website Content for advertising, marketing, merchandising or promotional purposes without permission;
16. to use photographs of identifiable individuals in a manner that violates applicable privacy, publicity or other rights; or
17. to do anything that could damage the reputation, goodwill or legitimate commercial interests of the Photographer.

We reserve the right to restrict or terminate access to the Website where we reasonably believe that these Terms have been breached.

7. Intellectual Property

7.1 Ownership

Unless expressly stated otherwise, all intellectual property rights in the Website and its Content belong to the Photographer or are used under licence.

This includes, without limitation:

• photographs; photographic compositions; digital files; photographic collections; artwork; logos; branding; trade names; website design; graphics; written material; articles; captions; videos; audio; databases; downloadable resources; and
• the overall selection, arrangement and presentation of Website Content.

All such rights are reserved.

8. Copyright in Photographs

The Photographer is the author and copyright owner of his original photographic works except where ownership has been expressly assigned in writing.

Copyright does not transfer merely because a photograph is displayed on the Website, purchased as a physical print, licensed for a particular use or supplied in digital form.

Unless expressly agreed otherwise in writing, the Photographer retains all copyright and other intellectual property rights in every Photograph.

Copyright protection may exist in photographs regardless of whether a copyright notice, watermark or other identification appears on the image.

9. No Licence Granted by Website Display

Viewing, browsing or downloading material from the Website does not grant you ownership or a general licence to use any Photograph.

Unless expressly permitted, you may not: copy a Photograph; reproduce it; publish it; distribute it; sell it; license it; modify it; manipulate it; incorporate it into another artwork; use it commercially; upload it to another website; use it in social media advertising; use it in NFTs or blockchain-related projects; use it as an AI or machine-learning training image; use it to generate derivative AI imagery; or otherwise exploit it.

Any permitted use must be expressly authorised.

10. Limited Personal Viewing and Sharing

You may share a link to a publicly accessible page of the Website for personal, editorial or social purposes provided that:

• the link directs users to the original Website page;
• the Photographer is appropriately identified;
• the Photograph itself is not separately reproduced;
• the image is not downloaded and re-uploaded;
• the sharing does not imply endorsement or sponsorship; and
• the sharing does not constitute commercial exploitation.

Social-media platform functionality that automatically generates an authorised thumbnail or preview when a Website page is shared is permitted, provided the platform's functionality operates normally and the underlying Photograph is not separately extracted or redistributed.

11. Copyright Notice

Unless otherwise stated:

© David Learman. All rights reserved.

No part of the Website or its photographic Content may be reproduced, stored, transmitted, distributed or commercially exploited without prior written permission.

Requests for reproduction or licensing should be directed to: info@davidlearman.com

12. Image Licensing

Certain Photographs may be available for commercial, editorial, advertising, publishing, decorative or other licensed use.

A licence to use a Photograph:

• does not transfer copyright;
• applies only to the uses expressly authorised;
• may be limited by territory, duration, media or audience/circulation;
• may prohibit modification or cropping;
• may require attribution; and
• may contain additional restrictions.

Unless expressly stated in a written licence, no licence is exclusive.

Any unauthorised use may constitute copyright infringement and may result in enforcement action.

13. Artificial Intelligence and Machine Learning

The Photographer expressly reserves all rights in relation to the use of his Photographs and Website Content by artificial intelligence, machine-learning, generative AI, image-generation, computer-vision, dataset-creation and related technologies.

Unless expressly authorised in writing, you may not:

• use Photographs to train or fine-tune an AI model;
• include Photographs in a dataset;
• upload Photographs to an AI image-generation platform for processing;
• use Photographs as prompts, references or inputs for generating derivative images;
• create synthetic works substantially derived from Photographs;
• use automated systems to analyse or harvest Photographs for commercial purposes; or
• facilitate any of the above.

Any statutory exceptions that cannot lawfully be excluded remain unaffected.

14. Watermarks, Metadata and Digital Protection

Photographs displayed on the Website may contain visible or invisible measures intended to identify, protect or monitor their use, including watermarks, embedded metadata, copyright information, digital signatures, image fingerprints, low-resolution display versions, or other rights-management technologies.

You must not remove, obscure, alter or circumvent such measures.

15. Photographic Prints

Photographic prints offered through the Website are artistic reproductions of original photographic works.

Unless expressly stated otherwise:

• purchasing a print does not transfer copyright;
• purchasing a print does not grant reproduction rights;
• the Photographer retains copyright;
• editions may be limited;
• print characteristics may vary slightly between production batches;
• colour may vary between screens and physical prints; and
• framing, mounting and presentation options may be subject to availability.

Where a print forms part of a limited edition, the edition size will be stated where applicable.

16. Limited Editions

For limited-edition photographic works, the Photographer may specify total edition size, print dimensions, paper or substrate, production method, edition number, artist's signature, certificate of authenticity, and other edition characteristics.

Unless otherwise stated, the Photographer reserves the right to produce artist's proofs or other proofs in addition to the numbered edition.

No purchaser of a limited-edition print acquires any right to reproduce or commercially exploit the underlying Photograph.

17. Colour and Display Variations

The Photographer takes reasonable care to represent Photographs accurately on the Website.

However, differences may occur due to monitor calibration, screen technology, operating systems, browser settings, ambient lighting, printing processes, paper characteristics, and individual production batches.

Consequently, the physical appearance of a print may differ slightly from its appearance on your screen.

18. Website Availability

We endeavour to keep the Website available and operating correctly.

However, we do not guarantee that the Website will always be available, will operate without interruption, will be error-free, will be free from viruses or other harmful components, will be compatible with every device or browser, or will always contain complete or current information.

The Website may occasionally be unavailable because of maintenance, upgrades, technical failures, hosting problems, telecommunications failures, cyber incidents, circumstances beyond our reasonable control, or other operational reasons.

19. Website Content and Accuracy

We make reasonable efforts to ensure that information published on the Website is accurate and current.

However, Website Content is provided for general informational purposes and may occasionally contain typographical errors, omissions, outdated information, inaccuracies, technical errors, or inadvertent discrepancies.

We reserve the right to correct, update, modify or remove Content at any time without notice.

20. Artistic Interpretation

Photography is inherently subjective and artistic.

Descriptions of photographs, collections, locations, artistic influences, techniques, exhibitions, awards or creative intentions represent the Photographer's artistic interpretation and may contain subjective opinions.

References to awards, exhibitions, publications, collections or professional recognition are made in good faith but may be updated as circumstances change.

21. Awards and Accolades

References to awards, competitions, exhibitions, publications, professional memberships or other recognition relate to achievements or recognition received by the Photographer.

Such references must not be interpreted as implying endorsement of every product, service or activity offered through the Website unless expressly stated.

22. Third-Party Websites and Links

The Website may contain links to third-party websites, including galleries, exhibition venues, accommodation providers, airlines, tourism organisations, booking services, social-media platforms, retailers, publishers, payment providers, and other external services.

Such links are provided for convenience.

The Photographer does not control and is not responsible for the content, security, availability, privacy practices, accuracy or terms of third-party websites.

Your use of third-party websites is governed by their own terms and policies.

23. Social Media

The Photographer may maintain accounts on third-party social-media platforms.

Social-media platforms are independent third parties and are not operated or controlled by the Photographer.

Any interaction with the Photographer through social media remains subject to the relevant platform's terms and policies.

You must not use the Photographer's name, photographs, branding or intellectual property in a manner that falsely suggests that you represent, work for or are officially affiliated with David Learman Photography.

24. User-Submitted Material

Where the Website permits you to submit material, including photographs, comments, reviews, testimonials, enquiries, messages, suggestions or other content, you remain responsible for the material you submit.

You represent that you have the necessary rights and permissions to submit such material.

You must not submit material that infringes another person's copyright, violates privacy or publicity rights, is unlawful, is defamatory, is abusive or threatening, contains malware, is fraudulent, or otherwise breaches applicable law.

25. Reviews and Testimonials

If you submit a review or testimonial, you grant the Photographer permission to reproduce it for legitimate promotional and business purposes, subject to applicable law.

The Photographer may edit testimonials for reasonable length, spelling, grammar or formatting, provided that such editing does not materially alter their meaning.

The Photographer reserves the right to decline to publish or remove reviews or testimonials that are unlawful, misleading, abusive, irrelevant or otherwise inappropriate.

26. Privacy

Your use of the Website may involve the collection and processing of personal information.

Such processing is governed by the Website's Privacy Policy, which should be read together with these Terms.

By using forms, booking facilities or other interactive features, you acknowledge that information may be collected and processed in accordance with that Privacy Policy.

27. Cookies

The Website may use cookies and similar technologies.

These technologies may be used for purposes including website functionality, security, analytics, remembering preferences, improving Website performance, measuring traffic, and marketing, where legally permitted.

Further information is provided in the Cookies section of the Website's Privacy Policy.

28. Purchases and Orders

Where the Website permits purchases, all orders are subject to acceptance and availability.

The Photographer reserves the right to refuse an order, correct pricing errors, correct product descriptions, limit quantities, discontinue products, cancel orders where necessary, or request additional information before accepting an order.

A purchase is not necessarily accepted merely because an automated acknowledgement has been sent.

29. Pricing

Prices displayed on the Website should be treated as current at the time of publication but may be changed without prior notice.

Unless expressly stated, prices may exclude delivery charges, customs duties, import taxes, local taxes, currency conversion charges, framing, insurance, or other third-party charges.

The applicable price and charges will be identified at the point of purchase wherever reasonably practicable.

30. Payment

Payments must be made using the payment methods made available through the Website or otherwise agreed in writing.

You represent that you are authorised to use the payment method, the information supplied is accurate, and sufficient funds or credit are available.

Payment information may be processed by third-party payment providers. The Photographer may not have access to your complete payment-card details.

31. Delivery

Where physical Products are purchased, delivery arrangements will be communicated at or before purchase where reasonably practicable.

Delivery times are estimates unless expressly stated otherwise.

The Photographer is not responsible for delays caused by customs, postal services, courier services, incorrect delivery information, import restrictions, weather, strikes, governmental action, international transportation disruption, or circumstances beyond reasonable control.

International purchasers are responsible for complying with applicable import requirements.

32. Returns and Refunds

Returns, cancellations and refunds relating to physical Products or Services will be governed by the specific terms applicable to the relevant transaction and by any mandatory consumer rights applicable under law.

Nothing in these Terms is intended to exclude any statutory right that cannot lawfully be excluded.

Because certain photographic products may be custom-made, personalised, signed, framed or produced specifically to order, special restrictions may apply to cancellation or return of such Products where legally permitted.

33. Photography Tours

Photography tours advertised through the Website may be subject to separate booking conditions.

Those conditions may govern booking requirements, deposits, final payments, cancellation, travel arrangements, accommodation, transportation, visas, insurance, health requirements, participant responsibilities, photography activities, weather, itinerary changes, force majeure, minimum group numbers, and liability.

Where you book a photographic tour, the tour-specific Terms & Conditions will form part of your agreement with the Photographer.

34. Travel Arrangements

Unless expressly stated otherwise, the Photographer is not responsible for arranging or supplying flights, visas, passports, travel insurance, medical insurance, vaccinations, personal transportation to a departure point, international travel, personal equipment, or other arrangements not expressly included in the advertised service.

Participants should independently verify all travel requirements.

35. Workshops, Courses and Tuition

Where workshops, courses or photographic tuition are offered, participation may be subject to separate terms.

Participants remain responsible for their own equipment, safeguarding personal belongings, following reasonable instructions, complying with venue requirements, respecting other participants, and observing applicable laws and safety requirements.

The Photographer does not guarantee any specific artistic, photographic, professional or commercial outcome from participation.

36. Photography Commissions

Commissioned photographic work may be subject to a separate written agreement specifying scope of work, creative brief, fees, expenses, deliverables, deadlines, copyright, licensing, revisions, cancellation, usage rights, credit requirements, and delivery format.

In the event of inconsistency, the written commission agreement will prevail.

37. Professional Advice Disclaimer

Information provided through the Website, including photographic tutorials, articles, travel information, equipment suggestions and educational material, is provided for general informational purposes.

It does not constitute professional legal advice, financial advice, medical advice, travel advice from a licensed travel professional, safety certification, or a guarantee of suitability for a particular purpose.

You remain responsible for making your own informed decisions.

38. Photography Equipment

Any discussion or recommendation concerning cameras, lenses, lighting, software, accessories or other equipment represents the Photographer's opinion or experience.

The Photographer does not guarantee that equipment will remain available, perform in a particular environment, be compatible with your equipment, produce a particular artistic result, or meet your individual requirements.

39. Intellectual Property Enforcement

The Photographer takes the protection of his intellectual property seriously.

If unauthorised use of a Photograph or other Content is identified, the Photographer reserves the right to take appropriate action, including requesting removal, issuing infringement notices, seeking payment for unauthorised use, pursuing licensing fees, seeking damages or other compensation, obtaining legal advice, commencing legal proceedings, and exercising any other rights available under applicable law.

Failure to enforce a particular right immediately does not constitute a waiver of that right.

40. Copyright Infringement Notices

If you believe that material appearing on the Website infringes your copyright or another person's intellectual property rights, please contact:

Your notice should identify the relevant work, the allegedly infringing material, the location of the material on the Website, evidence of your rights, your contact details, and any other information reasonably necessary to investigate the complaint.

41. Limitation of Liability

To the maximum extent permitted by applicable law, David Learman Photography shall not be liable for indirect, incidental, consequential, special or punitive loss arising from your use of, or inability to use, the Website.

This may include loss of profits, revenue, business, opportunity, goodwill, data, or anticipated savings.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

42. Personal Responsibility

You use the Website at your own discretion and risk.

You are responsible for ensuring that your device is suitable for accessing the Website, your internet connection is secure, you maintain appropriate security software, you keep passwords confidential, and you comply with applicable laws when using Website Content.

43. Indemnity

To the extent permitted by applicable law, you agree to indemnify and hold harmless the Photographer from claims, losses, liabilities, costs and expenses arising from your breach of these Terms, your unlawful use of the Website, your infringement of intellectual property rights, your violation of another person's rights, or your misuse of Website Content.

44. Force Majeure

The Photographer shall not be responsible for failure or delay in performing obligations where such failure or delay results from circumstances beyond reasonable control.

Such circumstances may include natural disasters, severe weather, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, government action, transportation disruption, labour disputes, power failures, internet failures, cyber incidents, supplier failures, or other circumstances beyond reasonable control.

45. Security

Although reasonable measures may be taken to protect the Website, no internet transmission or online system can be guaranteed to be completely secure.

You acknowledge that you access the Website at your own risk.

You must notify the Photographer promptly if you become aware of unauthorised access, security vulnerabilities, compromised accounts, or suspicious activity involving the Website.

46. Suspension and Termination

We may suspend, restrict or terminate your access to the Website where reasonably necessary, including where you breach these Terms, you engage in unlawful activity, your conduct threatens Website security, your conduct adversely affects other users, or suspension is required for security, maintenance or operational reasons.

Termination does not affect rights or obligations that accrued before termination.

Provisions concerning intellectual property, liability, indemnity, confidentiality and governing law will survive termination where applicable.

47. Children and Minors

The Website is not specifically directed toward children.

Where a Product or Service is intended for an adult purchaser or participant, the purchaser or participant must meet the applicable minimum age requirements.

Where participation by a minor is permitted, the Photographer may require written consent from a parent or legal guardian.

48. Photography of People and Privacy

The Photographer respects reasonable privacy and publicity rights.

Where Photographs depict identifiable individuals, rights relating to those individuals may exist independently of the Photographer's copyright.

The existence of copyright in a Photograph does not necessarily mean that every possible commercial use of the depicted person is authorised.

Where you seek to use a Photograph commercially, you are responsible for obtaining any additional permissions required for your intended use unless expressly provided by the Photographer.

49. Cultural and Location Restrictions

Some Photographs may have been created in locations subject to photography restrictions, conservation requirements, religious or cultural protocols, permit conditions, private-property rules, national-park regulations, or local laws.

You must not assume that permission to view a Photograph constitutes permission to reproduce the circumstances under which it was created.

50. Changes to the Website

The Photographer reserves the right to modify, suspend or discontinue any part of the Website, including galleries, Products, Services, pricing, features, articles, booking facilities, and other Content.

No compensation is payable solely because a particular Website feature or Content is removed or changed, except where required by law or an existing contractual obligation.

51. Entire Agreement

These Terms, together with any documents expressly incorporated by reference, constitute the agreement between you and the Photographer concerning your use of the Website.

Where a separate written agreement governs a particular purchase or Service, that agreement will apply to that transaction.

52. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision shall be interpreted or modified to the minimum extent necessary to make it enforceable.

If this is not possible, the relevant provision shall be severed.

The remaining provisions shall continue in full force and effect.

53. No Waiver

A failure or delay by the Photographer in exercising any right or remedy under these Terms shall not constitute a waiver of that right or remedy.

A waiver must be expressly given in writing.

54. Assignment

You may not transfer or assign your rights or obligations under these Terms without prior written consent.

The Photographer may assign or transfer his rights and obligations where reasonably necessary in connection with a business restructuring, sale, transfer or other legitimate business purpose, subject to applicable law.

55. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the United Arab Emirates and, specifically, the Emirate of Ras Al Khaimah, without regard to conflict-of-law principles.

The courts of Ras Al Khaimah, United Arab Emirates shall have jurisdiction over disputes arising from or relating to these Terms, subject to any mandatory rights or jurisdictional requirements that apply by law.

56. Consumer Rights

Nothing in these Terms is intended to exclude, restrict or limit any consumer protection rights that cannot lawfully be excluded, restricted or limited.

Where mandatory consumer legislation applies to a transaction, that legislation will prevail to the extent required.

57. Complaints

If you have a complaint regarding the Website, a Product or a Service, please contact:

Please provide your name, order or booking reference (if applicable), relevant dates, details of the issue, and the outcome you are seeking.

We will endeavour to consider complaints fairly and within a reasonable period.

58. Contact

For general enquiries, copyright enquiries, licensing requests, commercial opportunities, commissions or complaints:

59. Final Copyright Statement

All Photographs displayed on this Website are protected by copyright unless expressly identified otherwise.

© David Learman. All rights reserved.

The Photographer's work may not be copied, reproduced, downloaded, republished, redistributed, modified, commercially exploited, incorporated into other works, uploaded to image databases, used for AI training or otherwise utilised without the Photographer's prior written permission, except where a specific legal exception applies.

Unauthorised use of photographic works may result in enforcement action.