TERMS OF SALE AND DIGITAL LICENSING
TERMS OF SALE
These Terms of Sale apply to all purchases made through Daniel Keogh Photography (“DKP”, “we”, “us” or “our”).
By placing an order, you confirm that you have reviewed the selected image, product type and resolution and agree to these terms, together with the Digital Image Licence below.
ORDERS AND PAYMENT
All prices are displayed in Australian dollars. Full payment is required before digital files are supplied or physical products are produced.
Customers are responsible for selecting the correct photograph, product, size and download resolution before completing their purchase.
DIGITAL DOWNLOADS
Digital products are supplied electronically using the email address or account details entered during checkout. Customers are responsible for providing accurate information and safely storing their downloaded files.
Low-resolution files are intended for approved online use only. High-resolution files may also be used to produce personal prints, subject to the Digital Image Licence.
Purchasing a digital image does not transfer copyright or ownership of the photograph. The purchase provides only the limited permission described in the Digital Image Licence.
RAW files, unedited photographs and copyright ownership are not included unless expressly agreed to in writing.
PHYSICAL PRODUCTS
Colours, brightness and cropping may vary slightly between screens and finished printed products. These reasonable variations are not considered faults.
Production and delivery estimates are provided as guides and may be affected by printing suppliers, couriers or circumstances outside our reasonable control.
REFUNDS AND REPLACEMENTS
Refunds are not provided for change of mind, accidental purchases, incorrect image selections or incorrect resolution selections once a digital file has been supplied or accessed.
Physical products are not eligible for change-of-mind returns. If an item arrives damaged, faulty or materially different from what was ordered, please contact Daniel Keogh Photography as soon as reasonably possible with photographs and proof of purchase so the issue can be assessed.
Nothing in these terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law.
COPYRIGHT AND ACCEPTABLE USE
Unless otherwise agreed in writing or required by law, all photographs remain protected by copyright owned or controlled by Daniel Keogh Photography.
Proof, preview and watermarked images may not be screenshotted, copied, downloaded, published, edited or used without permission.
Digital files may only be used in accordance with the Digital Image Licence. Purchasing or appearing in a photograph does not automatically provide unrestricted ownership or commercial usage rights.
Commercial use, paid advertising, merchandise, media publication, sponsor marketing, promotional graphics or supply to another business requires prior written permission and may require an additional licence fee.
UNAUTHORISED USE
Unauthorised copying, editing, distribution, publication, commercial use, artificial-intelligence use or removal of copyright information is prohibited.
Where unauthorised use occurs, Daniel Keogh Photography may require the content to be removed, terminate the applicable licence and pursue any available remedies, including payment of an appropriate licensing fee.
SEPARATE AGREEMENTS
Images supplied under a separate photography, media, team, event or commercial agreement remain subject to that agreement. If there is an inconsistency, the separately agreed written terms will apply.
GOVERNING LAW
These terms are governed by the applicable laws of New South Wales and Australia.
Daniel Keogh Photography may update these terms when necessary. The version displayed at the time of purchase will apply to that order.
DIGITAL LICENSING
By purchasing or downloading a digital image from Daniel Keogh Photography (“DKP”), you agree to the following licence conditions.
LICENCE GRANTED
The purchaser receives a limited, non-exclusive and non-transferable licence to use the purchased image for the permitted purposes described below.
Copyright and ownership of the image remain with Daniel Keogh Photography. No copyright, RAW file or unrestricted usage rights are transferred through the purchase.
PERMITTED USE
The purchaser may:
• Store the purchased image on their personal devices.
• Publish the image on their own personal social-media accounts.
• Use a high-resolution purchase to produce prints for personal display or as personal gifts.
• Crop or resize the image only where reasonably necessary to suit a social-media platform, provided the photograph’s integrity is not otherwise altered.
If the purchaser is the pictured driver, competitor, race team or vehicle owner, the image may also be used in unpaid organic posts on their own official social-media pages or website to promote their racing activities.
Whenever reasonably practical, online use must credit “Daniel Keogh Photography” and tag @danielkeoghphotography.
LOW- AND HIGH-RESOLUTION FILES
Low-resolution files are licensed for approved online and social-media use only and are not intended or licensed for printing.
High-resolution files may be used online and for personal printing. A high-resolution purchase does not automatically include commercial printing, merchandise, advertising or third-party publication rights.
PROHIBITED USE
Unless prior written permission is received from Daniel Keogh Photography, the image must not be:
• Resold, sublicensed, gifted, shared or supplied as a downloadable file to another person, sponsor, business, promoter, publication, media outlet or organisation.
• Used in paid advertising, sponsored content, product packaging, merchandise, trading cards, posters, flyers, promotional graphics or other commercial material.
• Published by a news outlet, magazine, commercial media page or third-party business.
• Entered into a photography competition or represented as the purchaser’s own photographic work.
• Edited using filters, presets, colour changes, retouching, object removal, compositing, graphic manipulation or other material alterations.
• Used in a misleading, defamatory, unlawful or harmful context.
• Used in a manner suggesting that another person created or owns the photograph.
Platform-native sharing or reposting of an authorised, credited social-media post is permitted. Downloading the image and uploading it separately to another account is not permitted without permission.
ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING
The image must not be uploaded, submitted or supplied to any artificial-intelligence or machine-learning system for:
• Generating new images or derivative content.
• Training, testing or developing a model or dataset.
• Style transfer, generative fill, enhancement, retouching or alteration.
• Replacing, adding or removing people, vehicles, objects or backgrounds.
• Creating content that imitates Daniel Keogh Photography’s photographic or editing style.
Written permission is required before any artificial-intelligence-assisted processing of an image.
WATERMARKS, CREDIT AND METADATA
Watermarks, signatures, credits, copyright notices and embedded metadata must not be removed, hidden or altered.
Receiving an unwatermarked purchased file does not remove the requirement to comply with this licence or transfer copyright ownership.
THIRD-PARTY USE
Sponsors, promoters, media outlets, businesses and other third parties must obtain their own written permission or commercial licence before downloading, publishing or commercially using an image.
The purchaser may not grant permission on behalf of Daniel Keogh Photography.
BREACH OF LICENCE
Use outside these conditions is unauthorised. Daniel Keogh Photography may require the image to be removed, suspend or terminate this licence and pursue available remedies, including an appropriate retrospective licensing fee.
Stopping or removing an unauthorised use does not prevent Daniel Keogh Photography from pursuing remedies for the earlier use.
ADDITIONAL PERMISSION
For commercial campaigns, sponsor material, merchandise, media publication, graphic design or any use not clearly permitted above, please contact Daniel Keogh Photography before using the image.
Written permission must identify the approved image, user and intended use. Silence, previous informal sharing or the purchaser appearing in the photograph does not constitute permission
