Image Use Policy

1. Scope & Ownership

All images captured by Matt Davenport Photography (MDP) are the intellectual property of the photographer and are protected under the Copyright, Designs and Patents Act 1988. A purchase grants a license to use, not a transfer of ownership.

2. Personal License (Parents/Individuals)

  • Permitted: Sharing on personal social media, home printing, and digital photo frames.

  • Prohibited: * No Competitions: Images cannot be entered into any photography contests or "Photo of the Week" draws. Most contests claim rights to entries that the buyer does not have the legal authority to grant.

    • No Commercial Redistribution: You may not sell, sub-license, or provide images to newspapers or brands without a commercial agreement from MDP.

3. Commercial License (Clubs/Leagues)

  • Club Stock Bundle: high-res images for official club website, social media, and flyers.

  • Consent & Safeguarding: The Club is responsible for ensuring all depicted individuals have signed a commercial model release. MDP is not liable for claims arising from a club's failure to verify their "Photo Refusal List."

  • Sponsorship: Third-party sponsors (e.g., local businesses) must purchase their own license for advertising use.

4. Infringement & Consequences

MDP proactively monitors social media for watermarked screenshots.

  • Unauthorised Capture: Bypassing a watermark via screenshot is considered "flagrant infringement."

Penalty: An immediate invoice for the Commercial License Fee (£250) will be issued. MDP reserves the right to report infringing posts for removal and to ban the user from all future galleries.

Terms of Sale

1. GENERAL PROVISIONS & COPYRIGHT

All TERMS OF SALE listed here are applicable to the purchase of any images, prints, canvases, imaging services, Media and/or other Product(s) available through Matt Davenport Photography's online store. These terms may not be altered or amended through purchase orders, emails, or external documents.

Ownership: All images are the exclusive property of Matt Davenport Photography and are protected by UK and International Copyright Law. Purchase of a product constitutes a License to Use, not a transfer of ownership. Matt Davenport Photography reserves the right to use all Media for website, blog, or marketing purposes unless a prior "Privacy Agreement" has been signed.

2. PERSONAL USE LICENSE (NON-COMMERCIAL)

Personal, Non-Commercial use of the Media is limited to:

  • Display on personal websites and social media profiles.

  • Personal device storage (phones, tablets, computers).

  • Making physical prints for personal home display or gifts.

Prohibited Actions: The Buyer may not:

  • Screenshotting: Capture watermarked previews via screenshot or screen recording. This is a flagrant breach of contract. Detected captures will result in an immediate invoice for the Full Commercial License Fee (£250).

  • Competitions: Enter any Media into photography competitions, newspapers’ "Photo of the Week" contests, or social media giveaways. The Buyer does not hold the legal authority to grant competition organizers the rights required for entry.

  • Commercial Use: Use Media for business promotion, sponsorship, or any use for which the Buyer receives remuneration.

  • Sub-licensing: Resell, redistribute, or provide Media to third-party brands or local media without express written permission.

3. COMMERCIAL & CLUB USAGE

Purchases made by or on behalf of a Swimming/Sports Club for promotional use (Flyers, Website, Social Media Branding) require a Commercial Club License.

Mandatory Consent: The Buyer (Club) assumes all responsibility for ensuring that all individuals (or guardians of minors) depicted in the Media have provided explicit, written consent for promotional use. The Buyer agrees to indemnify Matt Davenport Photography against any claims arising from a lack of subject consent or safeguarding breaches.

4. PRICING, PAYMENT & COLLECTION

Purchasing requires valid Payment Information. Matt Davenport Photography reserves the right to terminate orders where payment cannot be processed. Collection Costs: The customer agrees to financially reimburse Matt Davenport Photography for all costs incurred during the collection of amounts owed, including but not limited to legal fees and costs of any collection agencies used.

5. DOWNLOADS & SHIPPING

  • Downloads: Digital Media will be made available upon receipt of valid payment. Downloads are intended for a single successful capture; it is the customer's responsibility to save files to a compatible device. Matt Davenport Photography is not responsible for local technical difficulties during saving.

  • Shipping: We use commercially reasonable efforts to ship physical products via third-party vendors within estimated timeframes. We are not liable for shipping delays caused by carriers. Customers are responsible for all shipping charges, which are subject to verification and correction.

6. RETURN & EXCHANGE POLICY

  • 100% Satisfaction Guarantee: If unsatisfied with a physical product, you may return it within thirty (30) days for a resend or a refund (less shipping). Products must be in original condition.

  • Digital Downloads: Due to the nature of digital Media, refunds for downloads are issued at the sole discretion of Matt Davenport Photography based on individual circumstances.

  • No Exchanges: We do not accept exchanges for incorrect sizes or prints ordered by the customer. Please review your cart carefully.

7. PRODUCT ACCURACY & FORMATTING

Matt Davenport Photography strives for accuracy but does not guarantee that product descriptions or colors are error-free. Variation in color/brightness can occur due to different monitor calibrations. We and our vendors reserve the right to format, crop, or modify Media as required to satisfy the dimensions of a specific print or product order.