Terms of Use

1. Scope and acceptance

These Terms of Use apply to all visitors and users of our websites and online services, whether or not they create an account, book a service, or make a purchase.

By accessing or using our sites in any way, you agree to comply with these Terms of Use. If you do not agree, you must not use our websites.

2. Access to the site

We aim to keep our websites available and functioning, but we cannot guarantee continuous, uninterrupted access. Our sites are delivered and secured using Cloudflare, and availability may depend on third-party platforms.

We may:

• Modify, suspend, or discontinue any part of the site.
• Restrict access for maintenance or security reasons.
• Remove or update content at any time.

3. Your responsibilities and acceptable use

You must use our websites lawfully and respectfully. You agree not to:

• Use the sites in any way that breaches applicable laws or regulations.
• Harass, abuse, or harm others.
• Post or transmit unlawful, defamatory, obscene, or discriminatory content.
• Attempt to gain unauthorised access to our systems or data.
• Interfere with the security, integrity, or performance of the sites.
• Use automated tools (such as bots or data-collection scripts) to access or collect data beyond what is reasonably needed for personal use, except where explicitly permitted.

4. User accounts and security

If you create an account (for example, for a client gallery or store):

• You must provide accurate, up-to-date information.
• You are responsible for keeping your login details confidential.
• You must notify us promptly of any suspected unauthorised access.

We may suspend or delete accounts that appear compromised, inactive for long periods, or used in breach of these Terms. Whether account login is provided through a third-party identity provider (Clerk) is [NEEDS VENDOR CONFIRMATION].

5. Content ownership and intellectual property

All original content on our sites, including text, images, designs, layouts, and downloadable resources, is owned by or licensed to Dan Mackenzie Creative, as set out in our Copyright and License Policy.

You may access and view content for personal use only, and use permitted downloads or resources in line with any licence terms stated.

You may not:

• Copy, reproduce, or republish substantial portions of the site.
• Remove or obscure copyright notices or branding.
• Use our content for commercial purposes without prior written consent.

6. User-generated content

Where our sites allow you to submit or upload content (such as comments, feedback, form submissions via Typeform, or user-generated images):

• You remain responsible for the content you provide.
• You must ensure you have the rights and permissions to share it.
• You grant us a non-exclusive, worldwide, royalty-free licence to use, display, and reproduce your content in connection with our services and marketing, subject to any privacy commitments we make.

We may remove user content that breaches these Terms or is otherwise inappropriate.

7. Third-party services and links

Our sites may integrate or link to third-party services, including galleries (Pixieset), payment processors (Stripe), analytics providers (Google Analytics and Google Tag Manager), edge security and hosting (Cloudflare), form tools (Typeform), email marketing (Mailchimp), video conferencing (Zoom), social platforms (Meta / Facebook), and AI services.

Use of third-party services is subject to their own terms and privacy policies. We are not responsible for:

• The availability or performance of third-party services.
• The content, security, or data practices of third-party sites.

8. Privacy, cookies and tracking

Our use of personal data, cookies and tracking technologies is described in our Privacy Policy and Cookie Policy.

By using our sites, you acknowledge that:

• Personal data is processed as described in the Privacy Policy.
• Cookies and similar technologies (including Google Analytics via Google Tag Manager) are used as described in the Cookie Policy.
• You can adjust your preferences through our consent tools and browser settings.

9. Disclaimers and limitation of liability

Information on our sites is provided for general guidance and may not reflect your specific circumstances. See also our Disclaimer Statement.

To the fullest extent permitted by law:

• We exclude all implied warranties relating to the site.
• We are not liable for indirect, consequential or special losses.
• Our aggregate liability for any claims related to site use is limited to the amount (if any) you paid to access the relevant services.

Nothing in these Terms limits or excludes liability that cannot legally be limited or excluded.

10. Suspension and termination

We may suspend or terminate your access to our sites (including closing accounts) where:

• You breach these Terms of Use.
• You misuse our services or content.
• It is necessary for security, legal, or operational reasons.

Where appropriate, we will provide notice of suspension or termination, but immediate action may be taken in serious cases.

11. Changes to these Terms of Use

We may update these Terms of Use periodically. The latest version will be published on our website with a revised effective date.

Material changes may be highlighted via notices on the site or email updates to affected users. Continued use of the sites after changes are published constitutes acceptance of the updated Terms.

12. Governing law and jurisdiction

These Terms of Use are governed by the laws of England and Wales. Any dispute or claim relating to these Terms or site use shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14. Related policies

• Privacy Policy
• Cookie Policy
• Disclaimer Statement
• Copyright and License Policy