Effective Date: 4 February 2026

Last Updated: 4 February 2026

 

Agreement to Terms

 

The Terms of Use Agreement (‘Agreement’) created on the effective date and last amended on the date above, is made between the user and the website owner (Paul Tomlinson).

 

This Agreement outlines the rights and obligations that all users share in making use of the content, software or other tools on this website.

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Copyright

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All content included on this website (including, but not limited to, logos, images, photos, designs, graphics and text) is my intellectual property, and as such is protected by UK and international copyright and other intellectual property laws.

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No works may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopied, recorded or otherwise without my consent.

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The purchase and possession of one of my original works of art does not give the owner the right to copy the image in any way; this is retained by me as the artist.

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Requests for use of images will be considered case-by-case. Profit-making organisations will be charged according to format and volume.

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Any unauthorised reproduction or copying of the products or images featured on this website and belonging to myself may result in legal action.

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If you want to use one of my paintings in some form, I’m happy to consider your request. Profit-making organisations will be charged according to format and volume.

 

Guide prices:

• a one-off use of a digital image for personal or domestic enjoyment £27 – £40

• single use within a printed commercial document £75

• single use within a book typically £80-£300 depending on
  print run (excludes cover use)

• single use on the cover of a book or printed document £300

• one-off web use on a single webpage or website - £75

• longer print runs or other uses – let me know what you’re thinking and we can work out a price

 

Fees may be significantly reduced or waived for charities or not-for-profit organisations. In all cases, images must be accompanied with a credit and a link back to this website

 

Payments

 

All of the services offered on this website are paid in accordance with the following terms:

 

• Forms of Payment: I accept payments offered at the time of purchase or when a balance is due. 

• Currency: Payments will be accepted in £ Sterling in accordance with local laws.

• Refunds: See separate refunds policy

• In-App Purchases: This Agreement applies also to payments made on the mobile app. 

 

Access

 

User access to my website is conditional upon acceptance of and compliance with this Agreement and with my Privacy Policy.

 

Minors

 

If any user is a minor in the jurisdiction where they reside they must obtain permission from their parent or guardian to use this website.  If a minor accesses this website it is assumed that their parent or guardian has read and agrees to this Agreement and has given permission to the minor to use the site.

 

Prohibited Activities

 

With respect to this site, users are prohibited from engaging in the following activities:

 

• Systematically retrieve data or other content from this site to collect or compile a collection, compilation, database or directory without my written permission

• Trick, defraud or mislead other users or myself, especially in any attempt to learn sensitive account information such as passwords

• Interference with security-related features including those that restrict the copying of content or protected marks

• Disparage or harm the website 

• Use any information from the website to harass, abuse or harm others.

• Use the website in a manner that is inconsistent with its intended use or against any applicable laws

• Engage in spamming, linking or referring to other websites 

• Upload or transmit viruses or other damaging material with the potential to interfere with the website

• Attempt any automated use of the website

• Deleting copyrights or disclaimers from the website

• Impersonating other users

• Upload or transmit any ‘spyware’

• Harassing or annoying other users 

• Using a buying or purchasing agent to make purchases on the website

• Make unauthorised use of the website such as collecting names and addresses of other users

• Using the website to compete with me or otherwise using the site for any other commercial purpose

• Using the website to advertise or offer to sell goods or other services

• Selling your user profile or account on the website.

 

User Obligations

 

The user agrees to the following:

 

• The user has the legal capacity to understand, agree with and comply with this Agreement

• The user will not access the website through the use of bots, scripts, or any other use than the traditional manner as is intended

• The user will use the website in an authorised and legal manner in accordance with this Agreement

 

In regard to any of the information submitted by the user, if it should be deemed inaccurate, out of date or incomplete, I reserve the right to terminate the users access to the website.

 

Third Party Consent

 

My website contains links to third party websites that are not owned by me.  Therefore I assume no responsibility for the content, privacy policies, terms of use, practices, services, experiences, activities or any other acts by third parties.  The user acknowledges that in accessing third party websites through my website the user holds me harmless and free of liability for any actions that should occur on such websites, which may or may not include damages, losses, or any other claims.

 

Site Management

 

To ensure the best experience for all users of my website I reserve the right, with sole discretion, to do the following:

 

• To monitor the website for violations by users of this Agreement

• To take appropriate action against users (including legal action) for those who may have violated this Agreement

• To refuse or restrict or remove any and all files and content which, due to excessive size are burdensome to my systems or to other users

• To otherwise manage my website in such a way as to protect my rights and properties and to encourage the optimal running of this website

 

Governing Law

 

The laws governing the UK shall govern this Agreement, including your use and access to the website. Your use of this website may be subject to other international laws.

 

Dispute Resolution

 

If you should raise any dispute about my website you must contact me to attempt to resolve matters.  If a dispute cannot be resolved it must be moved to mediation in accordance with UK law.  Costs to be shared equally between parties. If mediation cannot be agreed then arbitration should be sought. 

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Indemnification

 

You agree to defend, indemnify and hold me harmless from and against any loss, damage, liability, claim or demand (including reasonable legal fees and expenses) made by any third party due to, or arising out of, the following:

 

• My content

• Use of my website

• Not able to use the website

• Any breach of this Agreement

• Any breach of representations and warranties set out in this Agreement

• Any violation of the rights of a third party, including but not limited to intellectual property rights

• Any overt harmful act towards any other user of this website

Notwithstanding the foregoing I reserve the right, at the user’s expense, to assume the exclusive defence and control of any matter for which the user is required to indemnify me, and the user agrees to co-operate, at the user’s expense, with my defence of such claims. I agree to use reasonable efforts to notify the user of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it. 

 

Notices

 

Except as explicitly stated otherwise any notices sent to me must be sent to paulrichardtomlinson@gmail.com . Any notices sent to the user regarding any communication that must be sent in accordance with this Agreement will be sent to the e-mail registered to any account created on the website.

 

Electronic Means

 

When accessing this website, sending e-mails, on line forms, e-signatures, or any type or kind of electronic records or communication, the user consents that all agreements, notices, disclosures, and any other communications I provide to you in such manner satisfies any legal requirement that such communication should be in writing.  The user hereby agrees that the use of such electronic means will be regarded as sufficient and be viewed as the same as its physical counterpart.  Furthermore, the user hereby waives any rights or requirements under any statutes regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records. 

 

EU Users

 

If you are an EU resident, consumer or user, it is recognised that you are entitled to specific protections on how your personal information is collected.  In my privacy policy I attempt to be in accordance with such rules and regulations.

 

Miscellaneous

 

This Agreement and any policies or operating rules posted by me on this website, constitute the entire Agreement and understanding between the user and myself.  My failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law in accordance with UK law and to the protections that the user is entitled to in the user’s jurisdiction. I reserve the right to assign any or all of my liabilities, services and obligations to another party at any time. I will not be responsible or liable for any loss, damage, delay, or failure to act caused by an event beyond my reasonable control. 

 

If any part or this Agreement is determined to be unlawful, void, or unenforceable that said portion of this Agreement is determined to be severable and does not affect the validity and enforceability of any remaining language. 

 

It is understood that this Agreement does not create a joint venture, partnership, employment, or agency relationship between the user and myself.  The user agrees that this Agreement will not be construed against me by virtue of having drafted and published on this website for the user’s review. Therefore the user agrees to waive any and all defences that may have been assumed under this Agreement and the lack of signing by any party hereto.

 

If this Agreement has been translated the user agrees that its original English text shall prevail in the case of a dispute.