Last updated: December 24, 2025
These Terms and Conditions ("Terms") constitute an agreement between you and Eric Kanigan LLC ("we," "us," or "our"). These Terms apply to your access to and use of erickanigan.photography and any associated websites, portfolios, or digital materials (collectively, the "Site"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use this Site.
We reserve the right to modify these Terms at any time. The most current version will always be available on this page. Your continued use of the Site following any changes constitutes acceptance of those changes.
All photographs, images, text, graphics, videos, and other content displayed on this Site (collectively, "Content") are the sole and exclusive property of Eric Kanigan LLC and are protected under the United States Copyright Act (Title 17, U.S. Code) and international copyright treaties. This includes, but is not limited to, all fine art photographs, expedition photography, underwater photography, and any associated metadata, descriptions, captions, or documentation.
All photographs displayed on this Site are original works of authorship. Many works are registered with the United States Copyright Office. Registration provides eligibility for statutory damages of up to $150,000 per infringement, plus attorney's fees, in addition to actual damages and profits.
Without express prior written license from Eric Kanigan LLC, you may not: (a) copy, reproduce, distribute, publish, display, broadcast, or transmit any Content in any form or by any means; (b) modify, adapt, edit, alter, or create derivative works from any Content; (c) use any Content for commercial purposes, including advertising, marketing, promotional materials, product packaging, or resale; (d) use any Content for editorial purposes, including in news articles, blogs, publications, or documentaries; (e) remove, obscure, crop, or alter any copyright notices, watermarks, metadata, or other proprietary markings; (f) use any automated means, including bots, scrapers, spiders, or crawlers, to access, download, or collect Content from the Site; (g) frame, embed, hotlink, or display any Content on another website, platform, or application; (h) use any Content as reference material for illustrations, paintings, or other artistic reproductions; (i) print, download, or save any Content except temporary browser caching for personal viewing; or (j) sublicense, sell, or transfer any rights to any Content.
You are expressly prohibited from using any Content from this Site to train, develop, or improve any artificial intelligence, machine learning, neural network, or similar automated systems, whether for image generation, image recognition, style transfer, or any other purpose. This prohibition applies to all forms of AI/ML training, including but not limited to: dataset compilation, model training, fine-tuning, embedding creation, or any computational analysis of the Content. Any such use constitutes copyright infringement and a material breach of these Terms.
You may share links to pages on this Site via social media or personal communications. However, you may not download, screenshot, or otherwise copy any Content for posting on social media, personal websites, or any other platform. If you wish to share specific images, please use the share functionality provided on the Site (if available) or contact us for permission.
All Content is available for licensing. If you are interested in licensing any photographs for commercial, editorial, personal, or any other use, please contact us directly. Licensing terms, fees, and permissions are determined on a case-by-case basis. No license is granted unless confirmed in writing by an authorized representative of Eric Kanigan LLC. Verbal permissions or informal communications do not constitute a valid license.
Fine art prints displayed on this Site may be available for acquisition through our authorized gallery representatives. The purchase of a fine art print grants the buyer ownership of the physical print only. No copyright, reproduction rights, or licensing rights are transferred with the sale of any print. The buyer may not reproduce, scan, photograph, or digitize the print for any purpose beyond personal archival.
Images displayed on this Site may contain visible watermarks and embedded metadata (including EXIF, IPTC, and XMP data) identifying Eric Kanigan LLC as the copyright owner. Removal, alteration, or falsification of any watermark or metadata constitutes a violation of the Digital Millennium Copyright Act (DMCA) and may result in enhanced statutory damages.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Site and its Content solely for personal, non-commercial purposes using a standard web browser. This license does not permit downloading, printing, or saving of any Content. This license does not transfer any ownership or intellectual property rights and may be revoked at any time without notice.
Eric Kanigan LLC actively monitors for unauthorized use of its Content and vigorously enforces its intellectual property rights. Unauthorized use may result in: (a) demands for immediate removal and cease-and-desist; (b) claims for actual damages and disgorgement of profits; (c) claims for statutory damages up to $150,000 per work infringed for willful infringement; (d) recovery of attorney's fees and litigation costs; and (e) injunctive relief. We reserve the right to pursue all available legal remedies against infringers.
Fine art prints and artworks displayed on this Site may be available for acquisition through our authorized gallery representatives. Any purchase inquiries, transactions, or acquisitions are subject to separate terms and conditions established by the respective gallery. Eric Kanigan LLC is not responsible for transactions conducted through third-party galleries, and all sales-related matters should be directed to the appropriate gallery representative.
By using this Site, you agree not to: (a) violate any applicable laws or regulations; (b) infringe upon the intellectual property rights of Eric Kanigan LLC or any third party; (c) upload or transmit viruses, malware, or other harmful code; (d) attempt to gain unauthorized access to any portion of the Site or its systems; (e) interfere with or disrupt the Site's functionality or security; (f) collect or harvest any information from the Site without authorization; (g) use the Site for any fraudulent or unlawful purpose; or (h) engage in any activity that could damage, disable, or impair the Site.
If you submit any inquiry, message, or communication through this Site, you represent that all information provided is accurate and complete. You consent to receiving responses from Eric Kanigan LLC via the contact information you provide. We are under no obligation to respond to any inquiry or to enter into any business relationship as a result of communications initiated through this Site.
Any personal information you provide through this Site is handled in accordance with our Privacy Policy. By using this Site, you consent to the collection and use of information as described therein. We encourage you to review our Privacy Policy to understand our practices regarding your personal data.
This Site may contain links to third-party websites, including gallery websites, social media platforms, and other external resources. These links are provided for convenience only. Eric Kanigan LLC does not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party websites. Your use of third-party websites is at your own risk and subject to the terms and conditions of those sites.
The Site and all Content are provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permitted by law, Eric Kanigan LLC disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any Content displayed on the Site, including color accuracy of photographs as displayed on your device.
To the maximum extent permitted by applicable law, Eric Kanigan LLC and its owners, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use the Site, including but not limited to damages for loss of profits, data, or other intangible losses, even if we have been advised of the possibility of such damages.
In no event shall our total liability to you for all claims arising from or related to the Site exceed one hundred dollars ($100). Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless Eric Kanigan LLC and its owners, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) any unauthorized use of any Content from this Site.
If you discover unauthorized use of any Content from this Site anywhere on the internet or in any other medium, we appreciate your assistance in reporting it. Please contact us with details including the location of the infringement and any relevant screenshots or documentation.
If you believe any content on this Site infringes your copyright, you may submit a Digital Millennium Copyright Act (DMCA) takedown notice. Your notice must include: (a) identification of the copyrighted work you claim has been infringed; (b) identification of the allegedly infringing material and its location on our Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and (f) your physical or electronic signature.
Please send DMCA notices to: contact@erickaniganphotography.com. We will respond to valid DMCA notices in accordance with applicable law.
We reserve the right to terminate or restrict your access to the Site at any time, without notice, for any reason, including but not limited to violation of these Terms. Upon termination, all licenses and rights granted to you under these Terms will immediately cease.
These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut and applicable federal laws of the United States, without regard to conflict of law provisions. You consent to the exclusive jurisdiction of the federal and state courts located in the State of Connecticut for any disputes arising out of or relating to these Terms or your use of the Site. Any claim or cause of action arising out of or related to these Terms or the Site must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Eric Kanigan LLC regarding your use of the Site and supersede all prior agreements and understandings, whether written or oral.
For questions or concerns regarding these Terms, please contact us at: contact@erickaniganphotography.com.
We collect information you voluntarily provide when you:
We also automatically collect certain technical information when you visit the Site, including your IP address, browser type, device information, and pages visited. This information is collected through cookies and similar technologies.
We use the information we collect to:
We use third-party services to operate this Site, including:
These services may collect and process data according to their own privacy policies. We encourage you to review their policies.
This Site uses cookies to analyze traffic and optimize your experience. You may disable cookies through your browser settings, though some Site functionality may be affected.
We retain contact form submissions and newsletter subscriptions until you request deletion. Analytics data is retained according to our third-party providers' policies.
You may request access to, correction of, or deletion of your personal information at any time by contacting us at contact@erickaniganphotography.com.
This Site is not intended for children under 18. We do not knowingly collect personal information from children.
We may update this Privacy Policy from time to time. Changes will be reflected on this page with an updated revision date.