Website Terms & Conditions

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, (“My Site”).  Please read these Terms and Conditions carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of My Site.  If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using My Site immediately.

  1. Definitions and Interpretation
    1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
      • “Account” – means an account required for a User to access and/or use certain areas of My Site, as detailed in Clause 4;
      • “Content” – means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, My Site;
      • “Expert Review” – means a review posted on My Site by one of My trusted friends or associates;
      • “User” – means a user of My Site;
      • “User Review” – means a review posted on My Site by a User; and
      • “Me/I/My” – means Nigel Holland (Nigel Holland – Photography)
  1. Information About Us
    1. My Site,, is owned and operated by Nigel Holland;
  2. Access to My Site
    1. Access to My Site is free of charge.
    2. It is your responsibility to make any and all arrangements necessary in order to access My Site.
    3. Access to My Site is provided “as is” and on an “as available” basis.  I may alter, suspend or discontinue My Site (or any part of it) at any time and without notice.  I will not be liable to you in any way if My Site (or any part of it) is unavailable at any time and for any period.
  3. Accounts
    1. Certain parts and features of My Site (including the ability to submit User Reviews) may require an Account in order to access them.
    2. You may not create an Account if you are under 18 years of age.  If you are under 18 years of age and wish to use the parts of My Site that require an Account, your parent or guardian should create the Account for you and you must only use the Account with their supervision.
    3. When creating an Account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
    4. I recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols.  It is your responsibility to keep your password safe.  You must not share your Account with anyone else.  If you believe your Account is being used without your permission, please contact Me immediately at  I will not be liable for any unauthorised use of your Account.
    5. You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
    6. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and My obligations under the law, as set out in Clause 15.
    7. If you wish to close your Account, you may do so at any time.  Closing your Account will result in the removal of your information.  Closing your Account will also remove access to any areas of My Site requiring an Account for access.
    8. If you close and delete your Account, any User Reviews that you have submitted to My Site will also be deleted.
  4. Intellectual Property Rights
    1. With the exception of User Reviews (see Clause 6), all Content included on My Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us.  All Content (including User Reviews) is protected by applicable United Kingdom and international intellectual property laws and treaties.
    2. Subject to sub-Clause[s] 5.3 [and 5.6] you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from My Site unless given express written permission to do so by Us.
    3. You may:
        1. Access, view and use My Site in a web browser (including any web browsing capability built into other types of software or app);
        2. Download My Site (or any part of it) for caching;
        3. Print page(s) from My Site;
        4. Download extracts from pages on My Site; and
        5. Save pages from My Site for later and/or offline viewing.
    4. My status as the owner and author of the Content on My Site (or that of identified Users and/or licensors, as appropriate) must always be acknowledged.
    5. You may not use any Content printed, saved or downloaded from My Site for commercial purposes without first obtaining a licence from Me (or our licensors, as appropriate) to do so.  This does not prohibit the normal access, viewing and use of My Site for general information purposes whether by business users or consumers.
    6. Nothing in these Terms of Use limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
  5. User Reviews
    1. An Account is required if you wish to submit User Reviews.  Please refer to Clause 4 for more information.
    2. You agree that you will be solely responsible for your User Reviews.  Specifically, you agree, represent and warrant that you have the right to submit the User Reviews, that any facts stated are accurate and true, that opinions stated are genuinely held, and that all such User Reviews will comply with My Acceptable Usage Policy, detailed below in Clause 7.
    3. You agree that you will be liable to Me and will, to the fullest extent permissible by law, indemnify Me for any breach of the warranties given by you under sub-Clause 6.2.  You will be responsible for any loss or damage suffered by Me as a result of such breach.
    4. You (or your licensors, as appropriate) retain ownership of your User Reviews and all intellectual property rights subsisting therein.  When you submit a User Review you grant Me an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence it for the purposes of operating and promoting My Site.
    5. If you wish to remove any of your User Reviews from My Site, the User Reviews in question will be deleted  Please note, however, that caching or references to your User Reviews may not be made immediately unavailable (or may not be made unavailable at all where they are outside of My reasonable control).
    6. I may pre-screen, reject, reclassify, edit, or remove any User Review(s) from My Site including, but not limited to, circumstances where, in My sole opinion, they violate My Acceptable Usage Policy, or if I receive a complaint from a third party and determine that the User Review(s) in question should be removed as a result.
  6. Acceptable Usage Policy
    1. You may only use My Site in a manner that is lawful and that complies with the provisions of this Clause 7, Specifically:
        1. you must ensure that you comply fully with any and all applicable local, national, and international laws and/or regulations;
        2. you must not use My Site in any way, or for any purpose, that is unlawful or fraudulent;
        3. you must not use My Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
        4. you must not use My Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
    2. When submitting User Reviews (or communicating in any other way using My Site), you must not submit, communicate or otherwise do anything that:
        1. is sexually explicit;
        2. is obscene, deliberately offensive, hateful or otherwise inflammatory;
        3. promotes violence;
        4. promotes or assists in any form of unlawful activity;
        5. discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
        6. is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person (this does not prohibit negative User Reviews, however);
        7. is calculated or is otherwise likely to deceive;
        8. is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
        9. misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
        10. implies any form of affiliation with Me where none exists;
        11. is intended to advertise or market any product or service (including, but not limited to that which is being reviewed), or is of an advertising or marketing nature;
        12. infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
        13. is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
    3. The following types of products and/or services may not be reviewed on My Site:
        1. Products
        2. Gallery
    4. I reserve the right to suspend or terminate your Account and/or your access to My Site if you materially breach the provisions of this Clause 7 or any of the other provisions of these Terms and Conditions.  Specifically, I may take one or more of the following actions:
    5. suspend, whether temporarily or permanently, your Account and/or your right to access My Site;
      1. remove any User Review(s) submitted by you that violate(s) this Acceptable Usage Policy;
      2. issue you with a written warning;
      3. take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
      4. take further legal action against you as appropriate;
      5. disclose such information to law enforcement authorities as required or as I deem reasonably necessary; and/or
      6. any other actions that I deem reasonably appropriate (and lawful).
    6. I hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that I may take in response to breaches of these Terms and Conditions.
  7. Links to My Site
    1. You may link to My Site provided that:
      1. You do so in a fair and legal manner;
      2. You do not do so in a manner that suggests any form of association, endorsement or approval on My part where none exists;
      3. You do not use any logos or trade marks displayed on My Site without My express written permission; and
      4. You do not do so in a way that is calculated to damage My reputation or to take unfair advantage of it.
    2. You may link to any page of My Site.
  8. Links to Other Sites
    1. Links to other sites may be included on My Site.  Unless expressly stated, these sites are not under My control.  I neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on My Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
  9. Disclaimers and Legal Rights
    1. Nothing on My Site, including but not limited to User Reviews and Expert Reviews, constitutes advice on which you should rely.  It is provided for general information purposes only.
    2. Insofar as is permitted by law, I make no representation, warranty, or guarantee that My Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
    3. If, as a result of My failure to exercise reasonable care and skill, any digital content from My Site damages your device or other digital content belonging to you, as a consumer you may be entitled to certain legal remedies.  For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
    4. I make reasonable efforts to ensure that the Content on My Site is complete, accurate, and up-to-date.  I do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
    5. The opinions, views, and values expressed in Content on My Site, including but not limited to User Reviews and Expert Reviews, are those of the authors of that Content and do not represent My opinions, views, or values.
  10. My Liability
    1. To the fullest extent permissible by law, I accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) My Site or the use of or reliance upon any Content included on My Site.
    2. To the fullest extent permissible by law, I exclude all representations, warranties, and guarantees (whether express or implied) that may apply to My Site or any Content included on My Site.
    3. If you are a business user, I accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
    4. I exercise all reasonable skill and care to ensure that My Site is free from viruses and other malware, however, subject to sub-Clause 11.3, I accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of My Site (including the downloading of any Content from it) or any other site referred to on My Site.
    5. I neither assume nor accept responsibility or liability arising out of any disruption or non-availability of My Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
    6. Nothing in these Terms and Conditions excludes or restricts My liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
  11. Viruses, Malware and Security
    1. I exercise all reasonable skill and care to ensure that My Site is secure and free from viruses and other malware.
    2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
    3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via My Site.
    4. You must not attempt to gain unauthorised access to any part of My Site, the server on which My Site is stored, or any other server, computer, or database connected to My Site.
    5. You must not attack My Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
    6. By breaching the provisions of sub-Clauses 13.3 to 13.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and I will cooperate fully with those authorities by disclosing your identity to them.  Your right to use My Site will cease immediately in the event of such a breach.
  12. Privacy and Cookies
    1. Use of My Site is also governed by My Cookie and Privacy Policies, available from (Cookie Policy) and (Privacy Policy).  These policies are incorporated into these Terms and Conditions by this reference.
  13. Data Protection
    1. All personal information that I may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
    2. For complete details of My collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to My Privacy Policy and Cookie Policy.
  14. Communications from Us
    1. If I have your contact details, I may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
    2. I will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Me include an unsubscribe link.  If you opt out of receiving emails from Me at any time, it may take up to 2 business days for your new preferences to take effect.
    3. For questions or complaints about communications from Me (including, but not limited to marketing emails), please contact Me at via contact page
  15. Changes to these Terms and Conditions
    1. I may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of My Site after the changes have been implemented.  You are therefore advised to check this page from time to time.
    2. In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
  16. Contacting Us
    1. To contact Us, please email Me at or using any of the methods provided on My contact page at contact page.
  17. Law and Jurisdiction
    1. These Terms and Conditions, and the relationship between you and Me (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
    2. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 19.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    3. If you are a consumer, any dispute, controversy, proceedings or claim between you and Me relating to these Terms and Conditions, or the relationship between you and Me (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
    4. If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Me, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the [non] exclusive jurisdiction of the courts of England & Wales.