Terms of Use

1.1. These Terms of Use govern access to and use of the DreamPhotographer platform and set out the rights, responsibilities and obligations of its Users.

1.2. DreamPhotographer is an online platform designed to allow Photographers to present their business, services and work, and to allow Visitors and Registered Visitors to discover Photographers, view their information and use the features made available through the Platform.

1.3. By registering for an Account, using the Platform or using any feature provided through the Platform, a User confirms that they have read these Terms of Use and agree to comply with them.

1.4. These Terms of Use apply to all Visitors, Registered Visitors and Photographers using DreamPhotographer.

1.5. The Privacy Policy and any other terms or notices published on DreamPhotographer for particular features or services supplement these Terms of Use where they apply to the relevant matter.

1.6. A person who does not agree to these Terms of Use should not use DreamPhotographer or its features.

1.7. Nothing in these Terms of Use is intended to exclude or restrict any rights or remedies that cannot lawfully be excluded or restricted under applicable UK consumer law.

In these Terms of Use, the following expressions have the meanings set out below:

Operator – Saulius Kutka trading as KUTKA, the operator and administrator of DreamPhotographer.

Platform – the DreamPhotographer online photographer directory available at dreamphotographer.uk and its related services.

Visitor – a person who uses the Platform without creating an Account.

Registered Visitor – a person who has created a visitor Account on the Platform and may use features made available to registered visitors.

Photographer – an individual, sole trader, company, partnership or other person or organisation using a photographer Account to publicly present photography-related activity, services and work on the Platform.

User – a general term used where a provision applies to more than one category of user. Depending on context, a User may be a Visitor, Registered Visitor or Photographer.

Account – an individual access account created for a Registered Visitor or Photographer to use Account-based features of the Platform.

Profile – a Photographer’s public page on the Platform containing information about their activity, services, work and other relevant information.

Offer – information published by a Photographer on the Platform to present a specific photography or related service.

Portfolio – a gallery of a Photographer’s work published on the Platform.

Premium – a paid Platform feature that provides a Photographer with additional functionality and/or enhanced visibility for a specified period.

Credits – virtual units used to activate paid Platform features. Credits are not electronic money, have no cash redemption value, cannot be withdrawn and cannot be exchanged for cash.

Boost – a paid Platform feature activated using Credits that gives a Photographer Profile or Offer enhanced visibility for a limited period.

Fan Gift – a voluntary payment made by a Registered Visitor through the Platform in support of a Photographer. A Fan Gift is not payment for photography services. Following successful payment, the Photographer receives the number of Platform Credits stated at the time of payment and does not receive the payment as cash.

Content – information submitted, uploaded or published by Users through the Platform, including text, photographs, images, comments, reviews and other data.

Moderation – the review of Profiles, Offers and other Content and the taking of reasonable action under these Terms of Use.

3.1. A person may register for an Account where they meet the requirements applicable to that Account type and agree to these Terms of Use and any other applicable terms published on the Platform.

3.2. Information supplied during registration must be accurate, truthful and up to date. Users must update relevant Account information within a reasonable time when it changes.

3.3. Users are responsible for taking reasonable steps to keep their Account and sign-in methods secure and must not knowingly disclose login credentials to unauthorised third parties. A User is responsible for activity carried out through their Account to the extent that the activity results from their own actions or failure to take reasonable care of Account security.

3.4. If a User becomes aware of unauthorised access, suspects that an Account has been used without permission or becomes aware of another security issue, they should take reasonable steps to secure the Account, including changing access credentials where possible, and notify the Operator.

3.5. The Operator may reasonably request additional information or documents where necessary to verify identity, a Photographer’s activity, the accuracy of submitted information or Platform security.

3.6. Where registration information is false, misleading or materially inaccurate, a User misuses Platform features, or these Terms of Use are otherwise breached, the Operator may take proportionate action under these Terms, including restricting particular features, suspending an Account or, where appropriate, terminating an Account.

3.7. A User may stop using the Platform at any time and, where available, initiate Account deletion using the Platform’s Account controls. Once deletion is initiated, the Account becomes inactive and enters the deletion process. Final deletion of the Account and related data takes place in accordance with these Terms of Use and the Privacy Policy. Account deletion does not affect information that the Operator is required or lawfully permitted to retain for longer.

4.1. A Photographer may create a Profile to publicly present their photography activity, services and work.

4.2. Information shown on a Profile must be accurate, current and consistent with the Photographer’s actual activity. The Photographer is responsible for the accuracy, legality and currency of information published through their Profile.

4.3. A Profile may include, without limitation:

• basic information about the Photographer;
• services offered;
• the Photographer’s base location and Service Areas;
• Portfolio;
• prices or a price list;
• frequently asked questions;
• contact details;
• website and social media links;
• other information voluntarily provided by the Photographer about their activity.

4.4. A Photographer may edit, add or remove Profile information using the available Platform features, except where particular actions are temporarily restricted for Moderation, security or another reason permitted under these Terms.

4.5. New or updated Profiles, or individual parts of a Profile, may be subject to Moderation. While a review is in progress, or where an issue is identified, public display of the affected Profile section, feature or, where reasonably necessary, the whole Profile may be restricted.

4.6. Whether a Profile is publicly visible, and the level of its visibility, may depend on Profile status, Moderation outcomes, active Platform features or services, and other conditions described in these Terms.

4.7. Where a Photographer initiates Account deletion, their Profile will no longer be publicly visible. During the deletion waiting period, the Profile and related data are handled in accordance with these Terms of Use and the Privacy Policy.

5.1. A Photographer may publish one or more Offers on the Platform to present specific photography or related services.

5.2. Information in an Offer must be clear, accurate, current and consistent with the service actually offered. The Photographer is responsible for the accuracy, legality and currency of information contained in an Offer.

5.3. An Offer may include, without limitation:

• service name;
• description;
• service duration;
• price;
• photographs or images;
• service conditions where stated;
• other information relevant to the service being offered.

5.4. A Photographer may edit, extend or remove their Offers using the Platform features provided, except where an action is temporarily restricted for Moderation, security or another reason permitted under these Terms.

5.5. Offers may be subject to Moderation before or after publication. The Operator may request corrections or additional information where reasonably necessary to verify that an Offer complies with these Terms and applicable law.

5.6. Publishing an Offer on DreamPhotographer does not mean that the Operator is the provider, reseller or agent of the photography service described in that Offer. Any photography service contract is entered into directly between the Photographer and the person booking or purchasing that service, unless expressly stated otherwise.

5.7. The Operator may restrict the visibility of an Offer, suspend its public display or remove it where permitted under these Terms of Use.

6.1. A User who submits or publishes Content is responsible for ensuring that the Content is lawful, does not infringe the rights or legitimate interests of others, and complies with these Terms of Use and applicable law.

6.2. Content must not:

• be unlawful, fraudulent, materially misleading or deceptive;
• infringe another person’s privacy, image rights or other legal rights;
• infringe copyright, trade marks or other intellectual property rights;
• be threatening, abusive, hateful, discriminatory, defamatory or harassing;
• promote or facilitate unlawful activity, violence or other unlawful conduct;
• unlawfully disclose another person’s personal data or confidential information;
• contain malware, harmful code, spam or other material intended to interfere with the Platform or its Users;
• otherwise breach applicable law or these Terms of Use.

6.3. A User may publish only Content that they are entitled to use, publish and make available. Where reasonably required, the Operator may ask the User to provide information or evidence supporting their right to use particular Content.

6.4. Where photographs or other visual material contain identifiable people, the User is responsible for having a lawful basis to publish that material and, where required by applicable law, for obtaining any necessary permissions or consents.

6.5. The Operator may restrict visibility, suspend publication or remove Content where it reasonably appears to breach these Terms, applicable law or the rights of another person.

6.6. The Operator is not required to pre-approve every item of User Content. Content may, however, be reviewed proactively or after a report or other information indicates a possible breach.

6.7. A User retains ownership of any rights they hold in Content they publish. By submitting Content to the Platform, the User grants the Operator a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, technically process, resize, display and make that Content available to the extent reasonably necessary to operate, secure, promote and provide the Platform and the features selected by the User. This licence ends when the Content is deleted from the Platform, except to the extent continued processing is reasonably necessary for backups, legal obligations, dispute resolution or other lawful purposes described in the Privacy Policy.

6.8. A User is responsible for legal consequences arising from Content they publish to the extent those consequences result from the User’s acts, the Content they supplied or their breach of these Terms, including lawful claims brought by third parties.

6.9. Users may report Content that they reasonably believe is unlawful or breaches these Terms using the contact methods or reporting features made available by the Platform. The Operator may request sufficient information to identify and assess the reported Content and will take such action as is reasonably appropriate in the circumstances.

7.1. The Platform may offer paid features that provide Photographers with additional functionality, enhanced visibility or other benefits. The price, duration and main conditions of a paid feature are shown before purchase.

7.2. Use of paid Platform features is voluntary. A Photographer may use the Platform without purchasing paid features, although particular functionality or enhanced features may be unavailable or limited.

7.3. Premium provides additional Platform functionality and/or enhanced visibility for the stated period. The features and conditions applicable to Premium are shown at the time of purchase. The Operator may change Premium features for future purchases, but will not make changes that unfairly remove the essential benefit of an already active Premium period, except where a change is required by law, security or a necessary technical change.

7.4. Credits are virtual units used to activate paid Platform features. Credits are not electronic money, are not a bank or stored-value balance, cannot be withdrawn, cannot be exchanged for cash and cannot be transferred to another User unless the Platform expressly provides otherwise.

7.5. Credits may be used only for the Platform features for which they are made available. Credits normally expire 3 (three) months after purchase or allocation unless a different validity period is clearly stated for the relevant Credits. Any expiry or non-refund provision is subject to rights that cannot lawfully be excluded under applicable consumer law.

7.6. Boost is a paid feature activated with Credits that gives a Photographer Profile or Offer enhanced visibility for a limited period. Boost does not guarantee any particular number of views, enquiries, clients or bookings. Where a Profile or Offer is restricted or removed during an active Boost because of the Photographer’s breach of these Terms, used Credits will not normally be restored, subject to any rights that cannot lawfully be excluded.

7.7. A Photographer may stop an active Boost before its stated end time. The additional visibility will cease when the Boost is stopped. Credits already used to activate the Boost are not automatically restored solely because the Photographer chooses to stop using the feature, subject to applicable statutory rights.

7.8. The Operator may change the prices, duration, functionality or conditions of Premium, Credit packs, Boost or other paid features for future purchases. Material terms applying to an already purchased paid feature will not be changed unfairly during the purchased period, except where a change is required by law, security or a necessary technical change.

7.9. Where Credits or a paid feature have been allocated, recorded or activated incorrectly because of a technical error, incorrect accounting, fraud, misuse or another objectively justified reason, the Operator may correct the balance or feature status and, where reasonably necessary, suspend or reverse the incorrect allocation.

7.10. Any refund, cancellation or withdrawal rights relating to paid Platform features are governed by the information provided at checkout and by applicable UK consumer law. Nothing in these Terms removes a statutory right to a refund, cancellation or other remedy where that right applies. Where no statutory or separately stated contractual refund right applies, unused Credits or a User’s decision to stop using a paid feature do not by themselves create an additional right to a refund.

8.1. The Platform may allow Registered Visitors to make voluntary Fan Gift payments in support of Photographers.

8.2. A Fan Gift is a voluntary payment made through DreamPhotographer in support of a Photographer. It is not a booking, deposit or payment for photography services and does not purchase photography services from the Photographer.

8.3. A Fan Gift does not create a photography-services contract between the Photographer and the Registered Visitor. The Photographer is not required to provide services, goods, discounts or any other reward because a Fan Gift has been made.

8.4. After a Fan Gift payment is successfully completed, the Photographer receives the number of Platform Credits shown at the time of payment. The Photographer does not receive the Fan Gift as a cash payment and cannot withdraw those Credits as money. Credits allocated through Fan Gifts are subject to the Credit rules in section 7.

8.5. The Operator may suspend, restrict or withdraw the Fan Gifts feature for a particular Photographer or across the Platform where reasonably necessary because of misuse, suspicious transactions, possible legal breaches, payment-provider requirements, fraud prevention or other circumstances affecting Platform, User or payment security.

8.6. If a Fan Gift payment is reversed, cancelled, charged back, found to be fraudulent or affected by a technical or accounting error, the Operator may correct the payment status and remove any unused Credits that were allocated as a result of that payment.

8.7. Following successful payment, the Registered Visitor may receive an invoice or other payment record using the purchaser details supplied during checkout and made available through the Platform.

8.8. Refund and cancellation rights for Fan Gifts are subject to the information presented at checkout and applicable UK consumer law. Nothing in these Terms removes any statutory right to a refund or remedy. If a payment is refunded, reversed or corrected, the Operator may remove unused Credits allocated to the Photographer in connection with that payment.

8.9. Third-party payment service providers may be used to process Fan Gift payments. Their own payment, security and privacy terms may also apply to the payment-processing service they provide.

9.1. The Platform may allow Registered Visitors to publish reviews, comments and ratings about Photographers and their services.

9.2. Reviews, comments and ratings must be honest, based on genuine experience, submitted in good faith and comply with applicable law and these Terms.

9.3. Users must not publish false or materially misleading reviews, threatening, abusive, discriminatory or defamatory material, Content that unlawfully infringes another person’s privacy or rights, or another person’s personal data or confidential information without a lawful basis.

9.4. A Photographer may remove a comment about them after the 30-day period provided by the Platform. If the Photographer believes that a review, comment or rating breaches these Terms, applicable law or forms part of misuse before that period expires, they may report it to the Operator. After considering the circumstances, the Operator may remove the Content, restrict its visibility or take proportionate action against a User who is misusing the system.

9.5. Users must not manipulate the review, comment or rating system, including by using fake Accounts, publishing or procuring fake reviews, coordinating artificial rating increases or decreases, or carrying out other misleading practices.

9.6. Ratings, reviews and comments are primarily the opinions and experiences of the Registered Visitors who submit them. The Operator does not guarantee that every review or rating is complete, accurate or objectively representative.

9.7. The Operator may use reasonable technical, organisational and Moderation measures to support the integrity of the review system, identify misuse and reduce misleading or fraudulent activity.

10.1. The Platform may provide communication tools that allow Registered Visitors and Photographers to send enquiries and exchange messages.

10.2. Users must communicate respectfully, honestly and in accordance with applicable law and these Terms.

10.3. Platform communication tools must not be used to:

• send spam or unsolicited bulk messages;
• distribute false, materially misleading or unlawful information;
• send threatening, abusive, discriminatory or rights-infringing Content;
• unlawfully disclose another person’s personal data or confidential information;
• impersonate another person, commit fraud, misuse the Platform or pursue another unlawful or dishonest purpose.

10.4. The Operator does not become a party to any agreement between Users merely because the Platform enables an enquiry or communication between them.

10.5. Users are responsible for independently assessing the identity, suitability, price, availability and terms of a Photographer or prospective client before entering into any off-Platform agreement or transaction.

10.6. Where the Operator receives information indicating that Platform communication tools may be used in breach of these Terms, applicable law or another person’s rights, the Operator may assess the circumstances and take reasonable and proportionate action under these Terms.

11.1. The Operator may review Photographer Profiles, Offers, individual Profile or Offer sections and other Content to support compliance with these Terms, information quality, Platform integrity and User safety.

11.2. Moderation may take place before publication, after publication, following a report or where automated or manual checks identify a possible issue.

11.3. If Content does not comply with these Terms, applicable law, reasonable Platform quality requirements or may infringe another person’s rights, the Operator may request a correction, restrict visibility, suspend publication or remove the Content.

11.4. Depending on the nature and seriousness of an issue, the Operator may apply one or more proportionate measures, including a warning, a request to correct information, restriction of a feature, restriction of Content visibility, temporary Account suspension, Account blocking or Account termination.

11.5. While an Account is suspended or blocked, access to some or all Account functionality may be restricted and Content associated with the Account may no longer be publicly displayed.

11.6. If a suspended Account is not restored within 30 days, it may automatically move to blocked status. If a blocked Account is not restored within a further 30 days, it may automatically enter the deletion waiting period. The User will be notified by email when the Account enters the deletion waiting period where the Platform process provides for such notice.

11.7. Once an Account enters the deletion waiting period, the User may have a further 30 days to request restoration by contacting the Operator. If the Account is not restored before that period ends, final deletion will take place in accordance with the retention and deletion arrangements described in the Privacy Policy.

11.8. When making Moderation decisions, the Operator will aim to act reasonably and proportionately, taking into account factors such as the nature, seriousness and frequency of the issue, potential harm, risk to other Users or the Platform, Content quality and other relevant circumstances.

11.9. Where appropriate, a User may be given a reasonable opportunity to correct an issue and resubmit a Profile, Offer or other Content for review.

11.10. The Operator may take immediate action where there is a serious or obvious breach, suspected fraud or abuse, a material security risk, repeated breaches, an urgent risk to another User, or where action is required by law, a court, regulator or other competent authority.

11.11. A User may contact the Operator to request an explanation or review of a Moderation or Account-restriction decision, or to ask for Account restoration. After considering the information provided and the relevant circumstances, the Operator may uphold, vary or reverse the decision.

12.1. DreamPhotographer operates as an online directory and platform through which Photographers can present their business, services and work, and Visitors and Registered Visitors can discover Photographers, view information and contact them.

12.2. Unless expressly stated otherwise, the Operator is not a party to contracts or arrangements made between a Photographer and a person enquiring about or purchasing photography services. The Photographer remains responsible for their own services, pricing, availability, service quality, delivery, payments and contractual obligations to their clients.

12.3. Users are responsible for the legality of the Content they submit and for the accuracy and currency of factual information they publish. The Operator does not guarantee that all User-provided information is complete, accurate or current at all times.

12.4. The Operator will use reasonable care and skill in providing the Platform but does not guarantee uninterrupted or error-free availability. Temporary downtime or reduced availability may occur because of maintenance, technical faults, security measures or circumstances outside the Operator’s reasonable control. Nothing in this clause limits any statutory right or remedy that applies to a paid service.

12.5. The Operator does not guarantee that use of the Platform, Premium, Boost or any other feature will produce a particular commercial result or any particular number of views, enquiries, clients, bookings or revenue.

12.6. The Platform may contain links to third-party websites or services. The Operator does not control those third parties and is not responsible for their content, availability, security, privacy practices or contractual terms.

12.7. The Operator is not responsible for communications, contracts, payments or other dealings between Users that take place outside the Platform merely because the initial contact was made through DreamPhotographer.

12.8. To the extent permitted by law, the Operator is not responsible for failure or delay caused by events outside its reasonable control. This does not affect any legal rights that cannot be excluded or limited.

12.9. Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

13.1. Account, Profile, Offer and other Platform data may be retained for as long as reasonably necessary to operate the Platform, perform these Terms, comply with legal obligations, protect Platform security, resolve disputes or pursue other lawful purposes.

13.2. Where an Account is suspended, blocked or enters the deletion process, associated public Content may stop being displayed even though certain information may remain stored until final deletion in accordance with the Privacy Policy.

13.3. Final deletion of an Account, associated Content and other data is carried out in accordance with the retention periods and conditions described in the Privacy Policy, except where information must or may lawfully be retained for longer because of legal obligations, security requirements, fraud prevention, accounting requirements or the establishment, exercise or defence of legal claims.

13.4. When there is no longer a lawful or necessary reason to retain information, it will be deleted or anonymised, subject to any applicable legal retention requirement.

13.5. Further information about personal data processing, legal bases, retention periods and data protection rights is provided in the DreamPhotographer Privacy Policy.

14.1. The Operator may amend or update these Terms to reflect changes to Platform functionality, legal or regulatory requirements, security needs or other objectively justified reasons.

14.2. Each version of these Terms has an effective date shown at the top of this page.

14.3. Updated Terms will be published on DreamPhotographer and take effect from the stated effective date. Where applicable law requires separate notice, consent or another specific step before a change may take effect, the Operator will follow that requirement.

14.4. If a User does not agree to updated Terms, they may stop using the Platform and, where applicable, close their Account. This does not affect rights already accrued before the change takes effect.

14.5. Changes to these Terms will not unfairly remove rights already acquired or materially alter the essential terms of an already purchased paid feature during its purchased period, except where a change is required by law, security or a necessary technical change and is implemented in a manner permitted by applicable law.

15.1. These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of England and Wales. If you are a consumer, this choice of law does not deprive you of any mandatory protections that apply to you under the law of the part of the United Kingdom in which you live.

15.2. Questions about the Platform or these Terms may be sent to the Operator using the contact methods published on DreamPhotographer, including info@dreamphotographer.uk.

15.3. The Operator will try to resolve complaints and disputes directly and reasonably before court proceedings are considered.

15.4. Subject to any mandatory consumer rights concerning where proceedings may be brought, the courts of England and Wales will have jurisdiction over disputes arising out of or in connection with these Terms. Consumers resident in Scotland or Northern Ireland may also have rights to bring proceedings in their local courts where applicable law permits or requires this.

15.5. If any provision of these Terms is found to be invalid, unlawful or unenforceable, that will not affect the validity and enforceability of the remaining provisions.