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TERMS OF USE

  • 1. ABOUT THIS WEBSITE
  • 2. INTELLECTUAL PROPERTY
  • 3. PERMITTED USE
  • 4. PROHIBITED ACTIVITIES
  • 5. AUTOMATED ACCESS AND SCRAPING
  • 6. ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING
  • 7. COPYRIGHT NOTICES AND METADATA
  • 8. USER CONDUCT
  • 9. LICENSING ENQUIRIES
  • 10. EXTERNAL LINKS
  • 11. ACCURACY OF INFORMATION
  • 12. LIMITATION OF LIABILITY
  • 13. INDEMNITY
  • 14. GOVERNANCE

Welcome to AYUSH KUMAR – Freelance Photographer (“Website”, “we”, “our”, “us”, “me”, “myself” or “I”).

These Terms of Use govern your access to and use of Our Website – http://www.ashishayush.com.

By accessing, browsing or using this Website, you agree to be legally bound by these Terms of Use. If you do not agree to these Terms, you should discontinue use of this Website immediately.

These Terms apply to all visitors, users, clients, organisations and any other person accessing the Website.

1. ABOUT THIS WEBSITE

This Website showcases the professional work of AYUSH KUMAR across editorial, commercial, sports, music, live event, press and commissioned photography.

The Website also provides information about photography services and enables visitors to submit enquiries regarding licensing, commissions, assignments and other professional opportunities.

Nothing contained on this Website constitutes professional advice, legal advice or a contractual offer unless expressly stated.

2. INTELLECTUAL PROPERTY

Unless otherwise stated, all content published on this Website is the intellectual property of
AYUSH KUMAR and respective THIRD-PARTY PARTNERS and is protected by Australian and international copyright, trademark and intellectual property laws.

This includes, but is not limited to:

  • Photographs
  • Image collections
  • Text
  • Articles
  • Captions
  • Metadata
  • IPTC information
  • Logos
  • Graphics
  • Website design
  • Layout
  • Branding
  • Source code created specifically for this Website
  • Custom graphics
  • Icons
  • Written content

All rights are reserved.

Nothing contained on this Website grants any licence or permission to use any material except where expressly authorised in writing.

3. PERMITTED USE

Visitors are granted a limited, non-exclusive, revocable licence to:

  • Browse the Website
  • View photographic works
  • Navigate pages
  • Share direct links to Website pages
  • Contact the photographer regarding legitimate enquiries

This licence does not transfer ownership of any content.

4. PROHIBITED ACTIVITIES

Without prior written permission, you must NOT:

  • Copy photographs
  • Download photographs for commercial use
  • Reproduce images
  • Redistribute photographs
  • Modify images
  • Remove copyright notices
  • Remove embedded metadata
  • Publish photographs elsewhere
  • Sell images
  • Re-license photographs
  • Frame or mirror Website content
  • Archive the Website
  • Create derivative works
  • Use Website content for commercial purposes
  • Circumvent technical protections
  • Misrepresent ownership of any content

Any unauthorised use may constitute copyright infringement and may result in legal action.

5. AUTOMATED ACCESS AND SCRAPING

You must not use any automated means to access this Website without prior written permission.

Prohibited activities include, but are not limited to:

  • Web scraping
  • Crawling
  • Bulk downloading
  • Automated image harvesting
  • Dataset creation
  • Data mining
  • Metadata harvesting
  • Reverse engineering Website content
  • Systematic extraction of images
  • Use of bots or automated scripts
  • Mirroring Website content
  • Large-scale indexing beyond normal search engine indexing

Reasonable search engine indexing by recognised search engines is permitted.

6. ARTIFICIAL ACCESS AND SCRAPING

The photographs, metadata, captions, text and other creative works displayed on this Website CAN NOT be used for:

  • Artificial intelligence training
  • Machine learning
  • Computer vision datasets
  • Image generation systems
  • Generative AI
  • Neural network training
  • Foundation models
  • Large language model datasets
  • Synthetic media generation
  • Image recognition training
  • Dataset compilation

without the prior written consent of AYUSH KUMAR.

This prohibition applies regardless of whether the use is commercial, academic, research-based or non-commercial.

The absence of technological restrictions does not constitute permission.

7. COPYRIGHT NOTICES AND METADATA

You must not remove, obscure, alter or falsify:

  • Copyright notices
  • IPTC metadata
  • EXIF information
  • Credits
  • Watermarks
  • Captions
  • Attribution information
  • Embedded ownership data

Removing copyright management information may constitute a breach of applicable copyright legislation.

8. USER CONDUCT

When interacting with this Website you agree not to:

  • Submit unlawful content
  • Attempt to interfere with Website security
  • Upload malicious software
  • Attempt unauthorised access
  • Impersonate another person
  • Disrupt Website functionality
  • Abuse contact forms
  • Send spam or unsolicited communications

9. LICENSING ENQUIRIES

Any licence to use photographs displayed on this Website must be granted expressly in writing.

Submission of a licensing enquiry does not create or guarantee a licence.

Permission is only granted upon written confirmation from MYSELF.

10. EXTERNAL LINKS

This Website may contain links to third-party websites.

These links are provided for convenience only.

We do not endorse, control or accept responsibility for third-party content or privacy practices.

Accessing external websites is at your own risk.

11. ACCURACY OF INFORMATION

Every reasonable effort is made to ensure information published on this Website is accurate.

However, information may occasionally contain errors or become outdated.

We reserve the right to correct, update or remove content without prior notice.

12. LIMITATION OF LIABILITY

To the fullest extent permitted by law, AYUSH KUMAR excludes liability for any loss, damage, cost or expense arising from:

  • Use of this Website
  • Reliance on Website content
  • Temporary Website unavailability
  • Third-party links
  • Technical failures
  • Malware introduced by third parties
  • Unauthorised access
  • Loss of data
  • Business interruption

Nothing in these Terms excludes liability that cannot lawfully be excluded under Australian law.

13. INDEMNITY

You agree to indemnify and hold harmless AYUSH KUMAR from any claims, damages, liabilities, costs or legal expenses arising from:

  • Your misuse of the Website
  • Your breach of these Terms
  • Your infringement of intellectual property rights
  • Your unlawful conduct in connection with the Website

14. GOVERNANCE

These Terms of Use are governed by the laws of the State of New South Wales and the Commonwealth of Australia.

Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

We reserve the right to amend these Terms of Use at any time. Updated versions will be published on this page. Continued use of the Website after changes constitutes acceptance of the revised Terms.

QUESTIONS?

For enquiries regarding these Terms of Use, licensing or intellectual property matters, please feel free to contact me using the button below: 

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© Copyright Ayush Kumar 2018 – Present | All Rights Reserved

Certain photographs are also subject to additional ownership, copyrights, contractual obligations, licensing arrangements or usage restrictions held by THIRD-PARTY PARTNERS.
Any unauthorised and/or unlicensed use is STRICTLY prohibited.

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