Terms of Service
Martin Japheth Photography
Gallery, Digital Download & Online Store Terms of Service
By accessing, viewing, purchasing from, or downloading from a gallery, collection, online store, or digital delivery system provided by Martin Japheth Photography, you agree to these Terms of Service.
Copyright and ownership
All photographs, digital images, previews, gallery content, designs, edits, and related photographic materials remain the copyright property of Martin Japheth Photography unless copyright has been expressly assigned in writing.
Purchasing an image, collection, print, album, digital file, or licence does not transfer copyright ownership.
Licence granted with purchased images
Unless a different licence is expressly stated at the point of purchase, clients and authorised gallery users receive a personal-use licence only.
A personal-use licence permits the purchaser to view, download, store, share and print the supplied images for personal purposes.
It does not permit images to be:
sold or sublicensed;
commercially exploited;
used in commercial advertising or marketing;
supplied to businesses, suppliers, venues, agencies, publications or other third parties for commercial use;
entered into competitions without permission;
materially altered, filtered, retouched or manipulated;
cropped for the purpose of removing a watermark, logo, copyright notice or branding;
used for AI training, AI image generation, machine-learning datasets or synthetic image creation.
Any commercial, editorial, portfolio, designer, model, agency, supplier, publication or promotional use must comply with the specific licence attached to the purchased product or must be authorised separately in writing.
Product descriptions take precedence
Each digital product or package may provide different file specifications, licensing rights, resolutions, dimensions and watermark conditions.
The description shown for the specific product at the point of purchase forms part of the agreement between the purchaser and Martin Japheth Photography.
Purchasers must review the product description before completing payment.
Where a product is specifically described as:
Watermarked, the downloaded file will contain a visible Martin Japheth Photography watermark.
Watermark-free, the downloaded file will not contain the standard visible gallery watermark.
Web-size, this refers to the dimensions or resolution of the supplied digital file. The term “web-size” does not, by itself, mean watermark-free.
High-resolution, this refers to the resolution or dimensions of the supplied digital file. The term “high-resolution” does not, by itself, mean watermark-free.
Portfolio or social-media use, this refers only to permitted usage under the licence supplied with that product and does not automatically mean that a watermark will be removed.
Where a product description states that files are watermarked, purchasing that product does not include entitlement to corresponding watermark-free files unless this is expressly stated.
Watermarked gallery images
Images displayed within online galleries may contain visible watermarks, branding, copyright notices, resizing, compression or other preview protections.
A watermark displayed on a gallery preview should not be assumed to disappear automatically following purchase.
Whether the purchased download is watermarked or watermark-free is determined by the description of the specific product selected at checkout.
Where a purchaser requires watermark-free files, they must select a product specifically identified as watermark-free or contact Martin Japheth Photography before purchasing if they are uncertain.
Important notice before purchasing digital images
Before purchasing any digital image or collection, purchasers should confirm:
whether the files are watermarked or watermark-free;
whether the files are web-size or high-resolution;
the permitted licence and intended use;
whether commercial, portfolio, publication or promotional use is included.
If any aspect of the product description is unclear, purchasers should contact Martin Japheth Photography before completing payment.
The absence of a particular intended use from the purchaser's enquiry does not expand the licence supplied with the selected product.
Professional, portfolio and commercial use
Images intended for use by fashion designers, models, agencies, businesses, wedding suppliers, venues, magazines, blogs, publications or other commercial organisations may require a separate commercial, editorial or professional-use licence.
Where such a licence is offered, the specific terms displayed for that product or supplied in writing will take precedence over the general personal-use restrictions contained in these Terms.
Copyright remains with Martin Japheth Photography unless expressly assigned in writing.
A purchaser's intention to use an image for a CV, portfolio, website, social media account, professional profile, business promotion or commercial activity does not automatically create a right to watermark-free files or wider commercial usage rights.
Gallery access
Gallery links, passwords and download PINs are supplied for the intended client and authorised users only.
Clients are responsible for determining who they allow to access their gallery.
Martin Japheth Photography is not responsible for unauthorised access arising because a client, purchaser or authorised user has shared a gallery URL, password, PIN or download link.
Screenshots, copying and watermark removal
Gallery previews must not be copied, screenshotted for publication, reproduced, scanned or otherwise extracted in place of purchasing an authorised digital file.
Watermarks, logos, copyright notices or other identifying marks must not be removed, obscured, altered, cloned out, cropped out or digitally manipulated without written permission.
Purchasing a watermarked image does not confer permission to remove its watermark.
File quality and appearance
Images shown in online galleries may be resized, compressed or displayed at preview quality.
Purchased files will be supplied according to the resolution, format, dimensions, watermark status and licence stated in the applicable product description.
Differences between gallery previews and downloaded files that arise solely from compression, colour management, display calibration or resolution do not necessarily indicate that a file is defective.
Digital content supplied to consumers must nevertheless correspond with its contractual description.
Editing and image selection
Martin Japheth Photography retains professional discretion over image selection, processing, colour correction, cropping and final editing style.
No guarantee is made that every photograph captured during a session, event, fashion show or wedding will be delivered.
Where additional retouching, sharpening, restoration or alteration is requested after delivery, additional charges may apply unless otherwise agreed.
No guarantee can be made that an out-of-focus or motion-blurred photograph can be restored to perfect sharpness.
Online gallery availability
Online galleries are provided for a limited period unless otherwise agreed.
Clients and purchasers are responsible for downloading and securely backing up purchased or supplied digital files before the gallery expires.
Martin Japheth Photography cannot guarantee indefinite storage or continued availability of galleries or digital files.
Orders and payment
Orders are processed following successful payment.
The purchaser is responsible for reviewing the selected product, file type, licence, watermark status, quantity and price before completing the transaction.
A purchase is for the product specifically selected and described at checkout.
Choosing one product does not provide entitlement to the features, licence or files included within another separately priced product.
Digital downloads and cancellation rights
Digital-download purchases are subject to applicable UK consumer law.
Where digital content is supplied immediately, the checkout process may ask the purchaser to expressly consent to supply beginning before the normal cancellation period expires and to acknowledge the consequences for their cancellation rights.
The Consumer Contracts Regulations provide specific requirements concerning express consent and acknowledgement when digital content is supplied during the cancellation period.
Nothing in these Terms excludes or limits any statutory rights that cannot lawfully be excluded.
Refunds and digital content
A change of mind, misunderstanding of an accurately described product, or later preference for another product tier does not automatically entitle a purchaser to receive a different product or licence.
For example, purchasing a product expressly described as watermarked does not create an entitlement to the separately offered watermark-free version.
However, where digital content does not conform to its contractual description, statutory consumer rights may apply. UK law requires supplied digital content to match its description.
Nothing within these Terms restricts any remedy or right available to a purchaser under applicable consumer legislation.
Prints, albums and physical products
Prints, albums, wall art and other photographic products are produced using professional suppliers.
Colour, brightness and contrast may vary between calibrated photographic products and consumer phones, tablets, monitors and televisions.
Such variations do not automatically mean that a product is defective.
Custom photographic products, including albums, prints, mounted products and wall art, are produced specifically for the client and may not be cancelled once production has begun, except where cancellation or another remedy is required by law.
Damaged or faulty physical products
If a physical photographic product arrives damaged or faulty, the purchaser should contact Martin Japheth Photography as soon as reasonably possible and provide photographs of the product, damage and packaging where appropriate.
Where applicable, a replacement, repair, refund or other statutory remedy will be provided.
Third-party use
Suppliers, venues, designers, models, magazines, blogs, agencies, businesses and other third parties must not assume that possession of an image gives them permission to use it.
Where an image has been supplied to a client under a personal-use licence, that client may not grant commercial rights to another party.
Third parties requiring photographs for business, marketing, publication or promotional purposes must obtain the appropriate licence directly from Martin Japheth Photography unless the original licence expressly permits such use.
Portfolio and promotional use by Martin Japheth Photography
Martin Japheth Photography may use selected photographs for portfolio, website, social media, studio samples, printed promotion, competitions, editorial submissions and marketing where consent has been provided, where this forms part of the agreed booking terms, or where another lawful basis permits such use.
Images of children will only be publicly used where appropriate permission has been obtained from a parent or legal guardian.
Limitation regarding image capture
Martin Japheth Photography will take reasonable professional care when photographing, editing, processing, delivering galleries and fulfilling orders.
Photography involves changing subjects, movement, lighting, weather, venue conditions and other circumstances that may be outside the photographer's control.
No guarantee is therefore given that every requested pose, individual, garment, detail or moment will be captured or delivered.
Final image selection remains at the professional discretion of Martin Japheth Photography.
Statutory rights and fairness
Nothing in these Terms is intended to remove or restrict rights that consumers possess under applicable law.
Consumer contract terms must be fair and transparent, and written terms should be expressed in language that customers can readily understand.
Governing law
These Terms of Service are governed by the laws of England and Wales.
Contact
For questions regarding gallery access, licences, watermark status, image use, downloads, orders or permissions, please contact:
Martin Japheth Photography
Ty Derwen
Glasinfryn
Bangor
Gwynedd
LL57 4UN
Email: m.japheth@mac.com