trade marks

newdusk and the newdusk photography logo are trade marks of the owner (as defined in these terms), and may only be used with the written permission of the owner.

copyright and moral rights

copyright in each of the newdusk photography logo, this website and the images on this website is owned by the owner (or, in respect of contributor images, his licensor). you may not reproduce the whole or part of that logo, this website and/or those images without the prior written permission of the owner. if you print off, copy or download any part of this website in breach of these terms of use, your right to use this website will cease immediately and you must, at the owner's option, return or destroy any copies of the materials you have made.

the author (as defined in these terms) hereby asserts all moral rights in relation to the works on this website, including the right to be identified as author of those works under the Copyright, Designs and Patents Act 1988.

use and access

you may only use this website in accordance with applicable law.

access to this website is permitted on a temporary basis, and the owner reserves the right to withdraw or amend the services provided via this website without notice. the owner shall not be liable if for any reason this website is unavailable at any time or for any period.

no offer capable of acceptance

nothing on this website constitutes an offer to sell goods or services that is capable of being accepted.

exclusion of liability

the owner makes no warranty with respect to this website or its content and, in particular, does not warrant that the images on this website do not infringe the rights of any third party.

to the extent permitted by law the owner hereby expressly excludes:
- all conditions, warranties and other terms that might otherwise be implied; and
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with this website or in connection with the use, inability to use, or results of the use of this website, any websites linked to it and/or any materials posted on it, including any liability for loss of income, loss of business, loss of profits, loss of data, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise.

this does not affect the owner's liability for death or personal injury arising from his negligence, nor his liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

viruses, hacking and other offences

you must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. you must not attempt to gain unauthorised access to this website, the server on which this website is stored or any server, computer or database connected to this website. you must not attack this website via a denial-of-service attack or a distributed denial-of service attack.

by breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. the owner reserves the right to report any such breach to the relevant law enforcement authorities and would co-operate with those authorities by disclosing your identity to them. in the event of such a breach, your right to use this website will cease immediately.

the owner will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.

linking

you may link to this website's home page, provided you do so in a way that is fair and legal and does not damage the owner's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the owner's part, where none exists. you must not establish a link from any website that is not owned by you.

this website must not be framed on any other website, nor may you create a link to any part of this website other than the home page. the owner reserves the right to withdraw linking permission without notice. the website from which you are linking must comply with all applicable laws.

where this website contains links to other websites and resources provided by third parties, these links are provided for your information only. the owner has no control over the content of those websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

contributors

the contribution of images to this site is governed by our standard contributor terms and conditions unless otherwise agreed in writing by the owner. these terms are available at: www.newdusk.com/contributorterms. in respect of the rights and obligations of a contributor only, in the event of a conflict between these terms and the standard contributor terms and conditions, the standard contributor terms and conditions shall prevail.

privacy

to the extent that you contact the owner and so disclose your personal data to him, he may process that personal data for the purpose of dealing with your correspondence and will store your personal data for as long as is necessary to do so.

please ensure that the personal data that you provide is accurate. you have a right to correct any errors in the personal data about you held by the owner and to request that it be updated. you also have the right to a copy of that information.

variations

the owner may revise these terms of use at any time by amending this page. you are expected to check this page from time to time to take notice of any changes, as they are binding on you. some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on this website.

definitions

in these terms:
- "owner" means Giles Pratt; and
- "author" means Giles Pratt except, in relation to an image the photographer of which is stated to be another person, that person.

jurisdiction and governing law

the English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to this website although the owner retains the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. these terms of use are governed by English law.