Terms of Use

1. Introduction; These Terms of Use govern your access to and use of the Ian Herd Wildlife & Nature Photography website, services, content and communications (together, the “Site”). By accessing or using the Site you agree to be bound by these Terms. If you do not agree, do not use the Site.

2. Ownership and Licence; All content on the Site — including photographs, text, graphics, logos and design — is owned by Ian Herd or used with permission. All rights are reserved unless expressly stated otherwise.

You are granted a limited, non-exclusive, non-transferable licence to view, download and print content from the Site for your personal, non-commercial use only, provided you retain all copyright and other proprietary notices. Any other use, including copying, modifying, distributing, publishing, licensing, creating derivative works, or commercial exploitation of content from the Site, is prohibited without prior written permission.

3. Use Restrictions; You must not:

• Remove, alter or obscure any copyright, trademark or other proprietary notices on the Site.

• Use the Site or its content for unlawful purposes.

• Use automated systems (bots, spiders, scrapers) to access or collect content from the Site without prior written permission.

• Reproduce or republish images from the Site on other websites, social media platforms, print media or products without written permission and, where required, proper credit and licensing terms.

• Impersonate any person or misrepresent your affiliation with any person or entity when using the Site.

4. User Contributions; If you submit comments, messages, images or other material to the Site (collectively “User Contributions”), you grant Ian Herd a perpetual, worldwide, royalty-free, non-exclusive licence to use, reproduce, distribute, adapt, publish and display such contributions in connection with the Site and promotion of the Site, in any media now known or later developed. You warrant that you own or have the necessary rights to grant this licence and that your contributions do not infringe third-party rights or applicable law.

Ian Herd may edit, refuse or remove User Contributions at any time and for any reason.

5. Booking, Sales and Payments; Any sales of prints, digital files, services or booking of workshops and tours are subject to separate terms and conditions, booking policies and pricing as described at the time of purchase. Orders are accepted subject to availability and payment authorisation. Payment must be made in the currency stated and may include applicable taxes and shipping charges.

6. Pricing and Availability; Prices and availability of products and services may change without notice. While we endeavour to ensure accuracy, errors may occur. If an item is listed at an incorrect price, we may cancel the order and refund any payment made.

7. Returns, Refunds and Cancellations; Return, refund and cancellation policies for purchases, prints, downloads, workshops and tours are set out in the relevant pages or purchase confirmation. Please read those terms carefully before completing a purchase.

8. Third-Party Links and Content; The Site may contain links to third-party websites, services or content. These links are provided for convenience and do not constitute endorsement. Ian Herd is not responsible for the content, policies or practices of third-party sites. Your interactions with linked sites are at your own risk.

9. Privacy; Use of personal data collected through the Site is governed by our Privacy Policy, which sets out how we collect, use and protect your information. By using the Site you consent to processing of personal data in accordance with that policy.

10. Disclaimer of Warranties; The Site and its content are provided “as is” and “as available” without warranties of any kind, express or implied. Ian Herd does not warrant that the Site will be uninterrupted, error-free, secure or free from viruses or other harmful components. To the fullest extent permitted by law, all warranties, representations and guarantees are excluded.

11. Limitation of Liability; To the maximum extent permitted by applicable law, Ian Herd, its officers, directors, employees, agents and affiliates shall not be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or goodwill arising out of or in connection with your use of, or inability to use, the Site or content, even if advised of the possibility of such damages. Our total aggregate liability for direct loss arising from these Terms will not exceed the amount paid by you to Ian Herd for the relevant goods or services in the six months preceding the claim, or £100, whichever is greater.

12. Indemnity; You agree to indemnify, defend and hold harmless Ian Herd, together with its officers, directors, employees and agents, from and against any and all claims, liabilities, losses, damages and expenses (including reasonable legal fees and costs) arising out of or in connection with your breach of these Terms or your use of the Site, including but not limited to claims resulting from:

    • your violation of any applicable law or the rights of any third party;

    • any content you submit, post or transmit through the Site, including claims of infringement, defamation or privacy invasion; and

    • your negligent or willful misconduct in connection with the Site.

    Ian Herd reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with Ian Herd’s defense of such claim and may not settle any claim without Ian Herd’s prior written consent (which shall not be unreasonably withheld).

    This indemnity obligation will survive termination of your access to the Site and these Terms.