This page sets out the licensing and usage terms that govern all photographic images, prints, and digital files sold or supplied by Encaptured Environment (“the Business”), operated by Liam Burgess, registered and trading in Jersey, Channel Islands.

By purchasing any product or downloading any image from this website, you (“the Buyer” or “the Licensee”) agree to be bound by the terms set out below. If you do not agree to these terms, you must not purchase or use any image supplied by the Business.

These terms apply to:

• All photographic prints (framed, unframed, canvas, fine art paper, or any other medium)

• All digital downloads or digital files supplied for any purpose

• All images created by Liam Burgess

• All images created by contributing photographers and sold through this website

Nothing in these terms limits or excludes any rights you have as a consumer under Jersey law or applicable UK or European consumer protection legislation that cannot lawfully be excluded.

By accessing the Website, browsing its content, placing an order, or completing a purchase, you ("the Buyer", "you", "your") confirm that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must not use this Website or purchase any Products.

We reserve the right to update or amend these Terms at any time without prior notice. The version of the Terms in force at the time you place an order shall govern that transaction. It is your responsibility to review the current Terms before each purchase. Continued use of the Website following any amendment constitutes your acceptance of the revised Terms.

These Terms do not affect your statutory rights as a consumer under applicable Jersey or United Kingdom consumer protection legislation.

All photographic images featured on this website are protected by copyright law. The copyright in each image belongs either to Liam Burgess or to the individual contributing photographer who created it, as indicated on the relevant product listing.

Copyright subsists in all images by operation of law, including (where applicable) the Copyright (Jersey) Law 2011, the Berne Convention, and the TRIPS Agreement. These protections apply internationally.

The sale of a physical print or digital file does not transfer, assign, or otherwise convey any copyright, intellectual property rights, or ownership of the underlying image to the Buyer. You are purchasing a licence to use the image in the manner set out on this page only.

Important: Owning a physical print does not make you the owner of the photograph. Copyright remains with the photographer at all times, unless explicitly transferred in writing.

When you purchase a physical print or an expressly designated ‘personal use’ digital download, you are granted a non-exclusive, non-transferable, revocable licence for personal, private, and domestic use only. This licence permits the following:

3.1 Physical Prints

• Display the print in your private home, holiday home, or personal workspace

• Gift the print to another individual for their personal, domestic display

• Resell the physical print as a second-hand item, provided no reproduction of the image is made prior to or as part of that resale

3.2 Personal Digital Downloads

• Save a single copy of the digital file to your own device(s) for personal viewing

• Print one copy for personal domestic display

• Use the image as a personal screensaver or desktop wallpaper on your own private devices

This personal use licence expressly excludes all commercial, editorial, promotional, and public uses described in Section 4 below.

Unless you hold a valid Commercial Licence (see Section 6), the following acts are strictly prohibited:

4.1 Reproduction & Copying

• Reproducing, copying, scanning, photographing, or duplicating the image in any form or medium

• Creating prints, posters, canvases, merchandise, or any tangible item bearing the image

• Uploading the image to any print-on-demand service or fulfilment platform

4.2 Digital & Online Use

• Publishing or sharing the image on any website, blog, or online platform (including personal blogs)

• Sharing the image on social media, whether publicly or in private groups, without prior written permission

• Uploading the image to any stock photography library, image repository, or file-sharing service

• Using the image in any digital advertisement, sponsored post, or paid promotion

4.3 Commercial & Business Use

• Using the image in any advertising, marketing, branding, or promotional materials

• Including the image in a product, packaging, brochure, catalogue, or editorial publication for commercial gain

• Using the image as part of a business’s visual identity, including social media profile images, cover images, or banners

• Licensing, sublicensing, selling, or otherwise transferring the image or any reproduction rights to a third party

4.4 Modification & Derivative Works

• Cropping, editing, filtering, compositing, or otherwise altering the image in any manner

• Removing, obscuring, or altering any watermark, metadata, copyright notice, or signature associated with the image

• Creating derivative works, including illustrations, collages, or AI training data derived from the image

4.5 AI & Machine Learning

• Using any image purchased from this website to train, fine-tune, test, or otherwise develop any artificial intelligence or machine learning model

• Submitting any image to any generative AI platform, image recognition tool, or automated data processing system without express written consent

These restrictions apply regardless of whether you intend to profit from the use. Even non-commercial reproduction without permission constitutes copyright infringement.

We understand that customers often wish to share photographs of their purchases online. The following limited permission is granted specifically for sharing physical print purchases:

• You may photograph or film your physical print in situ (e.g., displayed on a wall in your home) and share that photograph on personal, non-commercial social media accounts

• The image must not be photographed or shared in isolation as a standalone reproduction of the original photograph

• Any such post must credit @encapturedenvironment and, where applicable, the contributing photographer

• This permission does not extend to business accounts, sponsored content, or any account where the post is used to promote a product or service

Any other social media use requires a written licence. Please contact us before posting.

If you wish to use any image for a commercial, editorial, promotional, or any purpose not covered by the personal use licence, you must obtain a Commercial Licence before any such use takes place. Using an image commercially without a licence constitutes copyright infringement and may result in legal action.

6.1 Uses That Require a Commercial Licence

• Advertising and marketing materials (print or digital)

• Website or app use by a business

• Social media use by a commercial or business account

• Book, magazine, or editorial publication

• Product packaging or merchandise

• Interior design or hospitality display (hotels, restaurants, offices, retail spaces, etc.)

• Billboards, banners, signage, or out-of-home advertising

• Film, television, or video production

• Press and public relations use

• Charity or not-for-profit campaigns (a reduced fee may apply)

6.2 How to Request a Licence

To request a commercial licence, please contact us with the following information:

• Your name and the name of your organisation

• The specific image(s) you wish to licence (include product name or URL)

• The intended use (e.g., website banner, product packaging, magazine editorial)

• The territory (geographic scope) of the intended use

• The duration of the intended use

• Any other relevant context

Commercial licences are priced individually depending on the intended use, territory, duration, and exclusivity. We aim to respond to all licensing enquiries within five working days.

6.3 Contact for Licensing

Email: [insert licensing email address]

Subject line: “LICENSING ENQUIRY — [Image Name]”

A licence is only valid once it has been issued in writing and any applicable fee has been paid in full. Verbal agreements or informal communications do not constitute a valid licence.

Encaptured Environment sells work created by other photographers alongside the work of Liam Burgess. The copyright in each contributing photographer’s work remains exclusively with that photographer.

By purchasing a print or digital file of a contributing photographer’s work, you are bound by the same personal use licence described in Section 3. Any commercial use of a contributing photographer’s work will require a licence from that photographer directly, which Encaptured Environment can facilitate upon request.

Encaptured Environment warrants that it has obtained the necessary permissions from each contributing photographer to sell their work through this website and to grant the personal use licence described herein.

If you are uncertain whether a specific image was created by Liam Burgess or a contributing photographer, please contact us before placing your order or enquiring about licensing.

Where digital files are made available for download (whether included with a purchase or sold separately), the following additional terms apply:

• Each digital licence is personal to the named purchaser and may not be transferred to any third party

• You may store backup copies of the file for your own personal use, but the total number of physical prints produced from a personal digital licence must not exceed one without written permission

• Digital files may not be uploaded to any cloud storage service accessible to third parties (e.g., public Google Drive links, Dropbox shared folders)

• The resolution and file specifications of digital downloads are as stated at the time of purchase; no upgrades or alternative file formats are guaranteed unless expressly agreed

• Digital downloads, once accessed or downloaded, are generally non-refundable, in accordance with Jersey consumer legislation relating to digital content. Please review your purchase carefully before downloading

Where the Business fulfils the printing of physical products, we take reasonable care to ensure that prints are produced to a high standard. However:

• Colours may vary slightly between digital screen display and physical print due to differences in monitor calibration, paper stock, and print medium

• We do not warrant that prints will match exactly the appearance of the image as displayed on your device

• Sizing and cropping may vary marginally depending on the print medium selected

Where a customer provides their own file for printing (if such a service is offered), the Business accepts no responsibility for print quality arising from a low-resolution, incorrectly formatted, or corrupted file supplied by the customer.

Encaptured Environment takes the unauthorised use of its images and those of its contributing photographers extremely seriously. In the event of suspected copyright infringement, the Business reserves the right to:

• Issue a formal cease and desist notice requiring the immediate removal of infringing material

• Invoice the infringing party for a retrospective commercial licence at a rate not less than three times the standard commercial licence fee, without prejudice to any other remedy

• Pursue a claim for damages, including loss of earnings, reputational damage, and reasonable legal costs

• Report the infringement to the relevant platform, marketplace, or social media network for takedown under applicable intellectual property policies

• Refer the matter to a solicitor or Jersey-based legal authority as appropriate

Ignorance of these terms is not accepted as a defence. The terms set out on this page are publicly available and form part of every transaction completed through this website.

Where orders are fulfilled by a third-party print-on-demand provider, that provider acts as a data processor and fulfilment agent on behalf of the Business. The intellectual property in all images remains with the Business or the relevant contributing photographer. Third-party fulfilment does not grant any additional rights to the Buyer.

The Business is not responsible for delays, errors, or quality issues caused solely by the third-party fulfilment provider, though we will work with you in good faith to resolve any such issues.

The Business warrants that:

• It has the right to licence the images sold through this website for personal use as described herein

• Images of its own creation are original works and do not, to the best of its knowledge, infringe the copyright of any third party

To the fullest extent permitted by law, the Business excludes liability for:

• Any loss of profit, business, revenue, or data arising from the use or inability to use any image

• Any indirect, consequential, or special loss howsoever arising

Nothing in these terms excludes the Business’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation, or any other matter that cannot lawfully be excluded under Jersey law.

When you contact the Business regarding licensing, your personal data (name, email address, organisation, and details of intended use) will be processed for the purpose of responding to your enquiry and, if a licence is agreed, administering that licence. Personal data will not be shared with third parties except where required by law or with the relevant contributing photographer where their work is concerned.

For full details of how the Business processes personal data, please refer to our Privacy Policy.

These terms are governed by the laws of Jersey, Channel Islands. Any dispute arising in connection with these terms shall be subject to the exclusive jurisdiction of the Royal Court of Jersey, unless both parties agree otherwise in writing.

Where the Buyer is a consumer resident in the United Kingdom or European Union, nothing in this clause limits any mandatory consumer rights protections available to you under the law of your country of residence.

The Business reserves the right to amend these terms at any time. The version of the terms in force at the date of your purchase or licence agreement will apply to that transaction. Any material changes will be posted on this page with an updated ‘Last Updated’ date.

It is your responsibility to review these terms periodically. Continued use of this website and purchase of products constitutes acceptance of the then-current terms.

For all licensing enquiries, copyright questions, or general queries regarding these terms, please contact:

Encaptured Environment

Operated by Liam Burgess

Jersey, Channel Islands

www.encapturedenvironment.com

Email: encapturedenvironment@gmail.com