TERMS & CONDITIONS

These Terms & Conditions govern access to and use of the David Murphy Photography website, including the viewing of photographs and other content, access to subscriber-only areas, and the licensing and use of photographs supplied by David Murphy. By accessing or using this website, registering for subscriber access, downloading a photograph or otherwise using photographs supplied by David Murphy, you agree to be bound by these Terms & Conditions. If you are accessing the website or subscriber area on behalf of an organisation, you confirm that you are authorised to do so on behalf of that organisation. David Murphy Photography may update these Terms & Conditions from time to time. The current version will be published on this website.

1. About David Murphy’s Photography Website David Murphy provides professional photographic coverage and makes selected photographs available to approved organisations for editorial, publicity, public-relations and other authorised purposes. Photographs may be made available publicly for viewing or through a restricted subscriber area. Access to or possession of a photograph does not transfer copyright or ownership of that photograph.

2. Copyright Unless expressly stated otherwise, copyright in all photographs displayed on this website or supplied by David Murphy remains with David Murphy. All photographs, images, graphics, text, logos, designs and other original content on this website are protected by applicable copyright and intellectual-property laws.

No photograph may be reproduced, copied, downloaded, distributed, published, transmitted, altered, sold, sublicensed or otherwise used except in accordance with a licence granted. The ability to view or download an image does not place that image in the public domain and does not grant unrestricted rights to use it. All rights not expressly granted are reserved.

3. Website Use This website may be used for legitimate informational and professional purposes. You must not use the website: • for any unlawful or fraudulent purpose; • in a way that infringes copyright, privacy or other legal rights; • to copy or systematically download photographs without authorisation; • to scrape, harvest or extract photographs, information or data; • to create an unauthorised database, image library, directory or archive; • to sell, redistribute or commercially exploit website content without permission; • to interfere with the operation or security of the website; • to introduce viruses, malicious software or harmful code; • to gain or attempt to gain unauthorised access to restricted areas; • to use automated software, bots, crawlers or similar technologies to monitor, copy or download website content without permission; or • to use photographs or website content for artificial-intelligence training, machine-learning datasets, facial-recognition datasets or similar automated systems without express written permission. David Murphy reserves the right to restrict or block access where misuse is suspected.

4. Subscriber Area David Murphy may provide approved organisations with access to a restricted subscriber area containing photographs available for licensed use. Subscriber access is provided at the discretion of David Murphy. Approval of an account does not transfer copyright and does not provide unlimited rights to photographs available through the subscriber area. Access is provided subject to these Terms & Conditions and any additional licence terms communicated to the subscribing organisation. David Murphy may approve, refuse, restrict, suspend or terminate subscriber access where reasonably necessary to protect its photographs, copyright, website, customers or legitimate business interests.

5. Subscriber Accounts Subscriber accounts are intended for use by the organisation for which they have been approved. Account credentials must be kept secure and must not be provided to another organisation or unauthorised person. Subscribers must not allow another company, publisher, media outlet, agency or organisation to use their account to obtain photographs. Where an organisation has multiple employees who reasonably require access, access must remain solely for the legitimate activities of the approved subscribing organisation. The subscribing organisation is responsible for activity carried out using its account and for ensuring that its employees, representatives and authorised contractors comply with these Terms & Conditions. David Murphy should be informed promptly if subscriber login details are lost, compromised or used without authorisation.

6. Licence Granted to Subscribers Photographs made available through the subscriber area are licensed, not sold. Unless different terms are expressly agreed in writing, the licence is granted solely to the organisation associated with the approved subscriber account. The subscribing organisation may use licensed photographs for its own legitimate editorial, publicity, public-relations and communications purposes, including: • editorial content; • news and feature coverage; • the organisation's own publicity; • public-relations material; • the organisation's own website; • the organisation's own publications; • newsletters and reports; • the organisation's own social-media accounts; • internal communications; and • other material produced and published by, or directly on behalf of, the subscribing organisation. The licence is limited to the subscribing organisation and does not transfer copyright or ownership.

7. Organisation-Specific Licensing The licence granted by David Murphy applies to the specific subscribing organisation, not generally to anyone who subsequently receives or obtains the photograph. A subscribing organisation must not supply, transfer, sublicense or otherwise make a photograph available for independent use by another: • organisation; • company; • newspaper; • magazine; • publisher; • broadcaster; • news agency; • photographic agency; • website; • media outlet; or • other third party. For example, where an organisation downloads a photograph for its own publicity, website, publication or communications, it may use the photograph for those authorised purposes. It may not provide that photograph to an independent newspaper, magazine, broadcaster, publisher, news website or other media outlet and grant that third party permission to reproduce the photograph under the subscriber's licence. A third party wishing to reproduce or publish a photograph must obtain its own permission or licence from David Murphy Photography.

8. Press Releases and Media Distribution Subscribers may use licensed photographs as part of press releases and publicity material produced for their own organisation where this falls within the scope of their licence. However, sending a press release containing a photograph to journalists, publishers or media organisations does not automatically grant those recipients a licence to extract, reproduce, download, archive or independently republish the photograph. Where a subscriber wishes to distribute a photograph to external media specifically so that those media outlets may reproduce or publish the photograph, separate permission or an appropriate media-distribution licence must first be obtained from David Murphy Photography unless such onward publication has already been expressly authorised. Subscribers must not represent themselves as the copyright owner of a David Murphy Photography image and must not represent that they have authority to grant reproduction or sublicensing rights unless expressly authorised in writing.

9. Contractors and Agencies Acting for Subscribers A subscribing organisation may provide a licensed photograph to a designer, marketing agency, public-relations agency, website developer, printer or similar contractor where this is reasonably necessary for that contractor to produce authorised material on behalf of the subscribing organisation. This does not grant the contractor an independent licence. The contractor may only use the photograph for the specific work being carried out for the subscribing organisation. The contractor must not: • use the photograph for another client; • add the photograph to its own image library; • sell or sublicense the photograph; • publish the photograph independently; • distribute it to third parties; • use it for its own promotional purposes unless separately authorised; or • retain it for unrelated future use. The subscribing organisation remains responsible for ensuring that contractors acting on its behalf comply with these restrictions.

10. Prohibited Uses of Photographs Unless expressly authorised by David Murphy in writing, photographs must not be: • sold or resold; • sublicensed; • syndicated; • supplied to another organisation for its independent use; • uploaded to stock-photography or image-library services; • made available for unrestricted public download; • used on products or merchandise for resale; • used in a misleading, defamatory or unlawful context; • materially altered in a way that misrepresents the subject or circumstances photographed; • used to falsely imply endorsement by a person or organisation; • used as part of an artificial-intelligence or machine-learning training dataset; • used for facial-recognition or biometric databases; • used to create synthetic or AI-generated derivative images; • stripped of copyright metadata for the purpose of concealing ownership; or • used beyond the scope of the licence granted.

Additional uses may be available by agreement with David Murphy.

11. Photographic Credits Where a photographic credit is requested, contractually required, customary or reasonably practicable in the context of publication, photographs should be credited: Credit: David Murphy Where a different credit is supplied with a particular photograph, that credit should be used. Subscribers must not knowingly attribute a photograph to another photographer or organisation. The absence of a visible copyright notice or credit does not mean that copyright has been waived.

12. Copyright Notices, Metadata and Watermarks Copyright notices, metadata, watermarks and other rights-management information attached to or embedded within photographs must not be deliberately removed or altered for the purpose of concealing the ownership or origin of the photograph. Where David Murphy supplies a clean, publication-ready version of an image, that version may be used in accordance with the applicable licence. Watermarked preview photographs must not be reproduced or published unless permission has been granted.

13. Additional and Extended Licensing Uses outside the normal subscriber licence may be available by separate agreement. Subscribers and third parties should contact David Murphy Photography where photographs are required for purposes including: • use by an additional organisation; • publication by an external media outlet; • wider press or media distribution; • syndication; • advertising campaigns; • commercial campaigns; • product packaging; • merchandise; • resale; • stock or image-library use; • third-party publications; • large-scale promotional campaigns; or • any other purpose not covered by the subscriber licence. Additional licence fees, restrictions or conditions may apply. Permission should be obtained before the proposed use takes place.

14. Unauthorised Use Use of a photograph outside the scope of the licence granted by David Murphy Photography may constitute copyright infringement. Where David Murphy Photography becomes aware of apparent unauthorised use, it reserves the right to investigate that use and take appropriate action. This may include: • requesting removal of the photograph; • suspending or terminating subscriber access; • requiring the user to obtain an appropriate retrospective licence; • seeking payment reflecting the unauthorised use; • contacting the organisation or publisher responsible for the use; and • taking appropriate legal action where necessary. Nothing in these Terms & Conditions limits any rights or remedies available to the copyright owner under applicable law.

15. Suspension and Termination of Subscriber Access David Murphy Photography may suspend or terminate subscriber access where there are reasonable grounds to believe that: • login credentials have been shared with an unauthorised person or organisation; • photographs have been supplied to unauthorised third parties; • photographs have been used outside the permitted licence; • an account is being used primarily to obtain photographs for another organisation; • copyright information has been deliberately removed or misrepresented; • photographs are being systematically downloaded without legitimate need; • these Terms & Conditions have been materially breached; or • continued access presents a security, legal or copyright risk. Suspension or termination of an account does not affect copyright ownership or any rights arising from previous unauthorised use.

16. Availability and Accuracy of Photographs David Murphy takes reasonable care in selecting, captioning and presenting photographs. However, captions, names, event information, dates and other descriptive information may occasionally contain errors or omissions. Where accuracy is particularly important to a proposed publication, subscribers should make appropriate checks before publication. David Murphy may correct, update or remove photographs or associated information at any time.

17. Withdrawal of Photographs David Murphy may withdraw or restrict the use of a photograph where there is a legitimate legal, editorial, privacy, safeguarding or other reason for doing so. Where reasonably practicable, affected subscribers will be informed if a previously available photograph should no longer be used. Continued publication following notification of withdrawal may fall outside the applicable licence.

18. Website Availability David Murphy aims to keep the website and subscriber area available and operating correctly but does not guarantee uninterrupted or error-free access. Access may occasionally be restricted, suspended or unavailable because of maintenance, security issues, technical problems, upgrades or circumstances outside reasonable control. David Murphy may alter the design, content, functionality or operation of the website and subscriber area when reasonably necessary.

19. Third-Party Websites and Services The website may contain links to third-party websites and may use third-party services for hosting, email, website functionality, analytics or other operational purposes. Links are provided for convenience and information. Unless expressly stated otherwise, David Murphy does not control or endorse third-party websites and is not responsible for their content, availability, security or privacy practices. Use of a third-party website is subject to that website's own terms and policies.

20. Privacy and Personal Information David Murphy processes personal information in accordance with applicable UK data-protection legislation, including the UK GDPR and Data Protection Act 2018 where applicable. Information may be collected when an individual: • applies for subscriber access; • creates or uses a subscriber account; • contacts David Murphy Photography; • makes an image or licensing enquiry; • communicates on behalf of an organisation; or • otherwise provides information through the website. Information may include an individual's name, organisation, professional contact details, account information and records relating to website or subscriber use where reasonably necessary. Personal information will only be processed where there is an appropriate lawful basis. Further information should be provided in the David Murphy Photography Privacy Policy.

21. Subscriber Information Information provided when applying for subscriber access must be accurate and must not be misleading. David Murphy may request reasonable information to establish: • the identity of the applicant; • the organisation represented; • the applicant's professional role; • the intended use of photographs; and • whether subscriber access is appropriate. Subscriber information may also be used where reasonably necessary to administer accounts, protect website security, manage photographic licensing and investigate suspected misuse.

22. Cookies The website may use cookies and similar technologies required for security, subscriber authentication and essential website functionality. Additional cookies may be used for analytics or other purposes where appropriate. Where consent is legally required for non-essential cookies, those cookies should only be used after the appropriate consent has been obtained. Further information should be provided in the website's Privacy Policy or Cookie Policy.

23. Data Security David Murphy Photography will take reasonable technical and organisational measures to protect personal information against accidental loss, unauthorised access, alteration, disclosure or misuse. Access to personal information will be limited to those who reasonably require it for legitimate purposes. Where third-party service providers process information on behalf of David Murphy Photography, appropriate arrangements will be used where required by law. No internet-based service can be guaranteed to be completely secure.

24. Data Retention Personal information will be retained for no longer than reasonably necessary for the purposes for which it was collected, subject to applicable legal, accounting and regulatory requirements. Information associated with subscriber accounts may be retained for an appropriate period after access ends where reasonably necessary for record keeping, licensing administration, security, dispute resolution or the establishment, exercise or defence of legal claims.

25. Data Protection Rights Depending upon the circumstances and applicable law, individuals may have rights concerning their personal information, including the right to: • be informed about its use; • request access to personal information held about them; • request correction of inaccurate information; • request deletion in certain circumstances; • request restriction of processing in certain circumstances; • object to certain processing; • withdraw consent where processing relies upon consent; and • request data portability where applicable. Requests concerning personal information should be sent using the contact details provided by David Murphy Photography.

26. Submitted Information and Material Where a subscriber or other user voluntarily supplies information, captions, documents, photographs or other material to David Murphy Photography, they confirm that they are entitled to provide that material. Material must not be unlawful, defamatory, malicious or infringe another person's copyright, privacy or other rights. Providing material to David Murphy does not automatically transfer copyright unless this has been expressly agreed.

27. Liability Nothing in these Terms & Conditions excludes or limits liability where doing so would be unlawful. Subject to that restriction, David Murphy will not be responsible for indirect or consequential business losses arising from use of the website, subscriber area or licensed photographs where such losses were not reasonably foreseeable. David Murphy will not be responsible for losses resulting from: • unauthorised use of subscriber credentials; • use of photographs outside the licence granted; • publication by an unauthorised third party; • temporary website or subscriber-area unavailability; • circumstances outside reasonable control; or • a subscriber's failure to verify information where independent verification would reasonably be expected before publication Each subscribing organisation remains responsible for its own editorial decisions, publications and use of licensed photographs.

28. Events Outside Reasonable Control David Murphy will not be responsible for a failure or delay caused by circumstances reasonably outside its control. These may include internet or telecommunications failures, hosting failures, cyber incidents affecting third-party infrastructure, fire, flood, severe weather, power failures, industrial disputes, government action or other comparable events.

29. Changes to the Website or Service David Murphy may update, alter, restrict or discontinue parts of the website or subscriber service where reasonably necessary. The availability of a particular photograph at one time does not guarantee that it will remain available indefinitely.

30. Changes to These Terms These Terms & Conditions may be updated from time to time to reflect changes to the subscriber service, photographic licensing arrangements, website functionality, business practices or applicable law. The current version will be published on the website together with its last-updated date. Where a material change significantly affects existing subscriber rights or permitted photographic use, David Murphy may provide additional notice where appropriate. Continued use of the subscriber service after revised terms take effect constitutes acceptance of those terms to the extent permitted by law.

31. Severability If any provision of these Terms & Conditions is found by a court or competent authority to be invalid, unlawful or unenforceable, that provision will be treated as removed or modified to the minimum extent necessary. The remaining provisions will continue to apply.