• Website Terms and Conditions

    Content, availability and use of website

    Gavin Aitken Photography reserves the right to remove this website or pages within it from public view. The website may be taken down from public view for a temporary period when updates are being applied or due to technical problems. You must accept the following terms and conditions in full when using the Gavin Aitken Photography website:-

    Intellectual property rights

    Gavin Aitken Photography owns the intellectual property rights and materials contained on this website. Subject to the licence below, all of the intellectual property rights are reserved.

    Licence to use this website

    You may view, download for caching purposes only, and print pages or images from the website for your own personal use, subject to the restrictions stated below. You must not:-

    • Republish material from this website (including replication on another website);
    • Sell, rent or otherwise sub-licence material from the website;
    • Show any material from the website in public;
    • Reproduce, duplicate, copy or otherwise exploit material on my website for a commercial purpose;
    • Edit or otherwise modify any material on the website; or
    • Redistribute material from this website (except for content specifically and expressly made available for redistribution and personal use).

    Restricted access and passwords

    Private galleries are restricted by a password and this will only be provided to client(s) who have signed a contract. It is the client’s responsibility to either keep the password confidential or should they wish, to provide it to their friends and family. Gavin Aitken Photography reserves the right to change the password or to disable it without notice or explanation.

    Variation of website terms and conditions

    These terms and conditions may be revised and they will apply from the time of publication on this website.

    Data Protection

    Gavin Aitken Photography will store your name, address, contact and photographic assignment details on a private database. Information relating to your visits to this website, details of transactions carried out between us and any other information you chose to send will be stored. Information will not be passed onto any third parties unless permission is given or permitted under the Data Protection Act 1998. You may have any information that Gavin Aitken Photography holds about you by writing to Gavin Aitken, 9 Grasmere Ave, Spondon, Derby DE21 7JZ. The maximum fee permitted by the Data Protection Act 1998 will be charged. Proof of your identity will be required.

    General Terms and Conditions

    These shall apply to orders and contracts for the sale of goods and services by Gavin Aitken Photography to the client. The general terms and conditions define the retention period of images, retouching of images, copyright, promotion and display of images, force majeure and limitation of liability, insurance cover, the photographer, disc images, slide shows, use of music and data protection.

    Photo Store – Terms and conditions of placing an order and image usage

    Gavin Aitken Photography does not collect your credit card details. You can also purchase images by cheque and by cash. Please make the cheque payable to Gavin Aitken Photography and post to Gavin Aitken Photography, 9 Grasmere Ave, Spondon, Derby DE21 7JZ. Please do not send cash in the post.
    Gavin Aitken Photography does not make online supplies for goods or services outside of the United Kingdom (UK). In the UK under the Distance Selling Regulations the customer has seven working days to cancel the contract. However the customer is not entitled to cancel a contract where Gavin Aitken Photography has already commenced the provision of an order placed prior to the cancellation period or when an image has been downloaded immediately after payment.
    By downloading any images from this website you agree to be bound by the terms and conditions. Gavin Aitken Photography reserves the right to change any of the terms and conditions and you agree to be bound by such changes.
    Gavin Aitken Photography owns the copyright of all images contained on this website.
    Gavin Aitken Photography grants you a personal, non-exclusive, non-transferable right to use and reproduce an image in the following ways:

    • Cropped and resized, but not altered or manipulated in any other way,
    • On websites, provided that the images are displayed no greater than 900 X 600 pixels;
    • As screensavers, wallpapers, incorporation into software, in multimedia presentations, theatrical display, CD and DVD covers and incorporation into film/video for television and/or internet broadcast;
    • As prints, posters, canvas prints, acrylics and other hard copy material for decoration in the home, office, shop or restaurant;
    • On letterheads, business cards, brochures, pamphlets, catalogues, displays, packaging and invitations provided that the images do not function as a logo or trademark;
    • In co-ordination with opt in email for marketing purposes;
    • For editorial and advertising in magazines, newspapers, e-books, books, book covers provided that:

    a) you credit Gavin Aitken Photography for use of images and provide a copyright attribution, of a size and colour that can be easily read, by stating “Image used under licence from and is the copyright of Gavin Aitken Photography” on the copyright page or where there is no copyright page in a prominent place;
    b) any persons contained within an image are not depicted in a bad light or in a way that they might find offensive. This includes but is not limited to the use of images in pornography, “adult videos” in advertisements for tobacco, fur, alcohol, gaming, medical & herbal products, advertisements relating to adult entertainment, dating or escort services, political or pressure group endorsements, uses that are defamatory, unlawful, offensive or that imply that the model suffers from a physical or mental infirmity, ailment or condition;

    • Incorporated into promotional merchandise for resale such as clothing, mugs, key rings, fridge magnets and similar promotional items except for greeting cards that can be purchased from this website.

    You may not:

    • Resell, rent, redistribute, sub licence, and give away any digital image purchased. You may however transfer digital images to a third party for the sole purpose to produce or manufacture your goods incorporating purchased images that are subject to these terms and conditions. If you are a website developer there is one exception about the license usage of digital images as stated in the general conditions below;
    • Display an image on a website greater than 900 X 600 pixels;
    • Withhold a credit for the image rights where stated above unless it is waived on a case by case basis, in writing by Gavin Aitken Photography;
    • Use or display an image that implies that the image was taken by someone other than Gavin Aitken Photography;
    • Produce greeting cards for sale although you may produce greeting cards for personal use.

    General conditions of purchasing images

    • It is the customer’s responsibility to ensure that any images purchased from this website meets their requirements. Gavin Aitken Photography grants no rights and makes no representations with regard to the use of any names, trademarks, logos, copyrighted designs or works of art or architecture that might be depicted in any image. It is the customer’s responsibility to ensure that all necessary rights, consents and permissions, that may be required for an image, have been obtained;
    • The customer should seek legal advice before using any purchased images in connection with and goods or services or any other commercial purpose. Gavin Aitken Photography makes no representations or warranties as to the legality for the use of an image although every effort has been made to ensure that the images for sale on this website comply with the law and best practice and have been taken:

    a) in a public place and can be used for commercial use or;
    b) on private property where access has been granted and where there is no restriction on taking photographs for commercial use or;
    c) on private property where there are restrictions on taking photographs for commercial use but permission to take photographs for commercial use has been granted.

    • Where a person is a key integral element of the photograph model releases have been obtained.
    • By contracting with Gavin Aitken Photography on behalf of an employer or other business entity you are stating that you have full authority to do so and should this not be the case you agree to be personally liable;
    • If you are a website developer and wish to use an image for several of your clients or customers you must purchase a licence for each image. However, after purchasing the same image 5 (five) times you may then use the image for as many times as you wish with no further payments but only for the sole use of your clients or customers.