Terms of Use

Company Information: This website is operated by Ivan Breslauer doing business as Ivan With Whales, located in Funchal, Madeira, Portugal. VAT ID: PT302842365

Welcome to Ivan With Whales, located at ivanwithwhales.com (the “Website”). Please carefully read these terms of use (the “Terms”) before accessing or using the Website.

Acceptance of Terms

By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Website. We may modify these Terms from time to time, and any modifications will be effective immediately upon posting. You agree to review these Terms periodically to ensure that you are aware of any changes. Your continued use of the Website after any modifications signifies your acceptance of the modified Terms.

Use of the Website

The Website is for informational purposes only and is not intended to provide advice. You may access and use the Website solely for your personal and non-commercial use. You may not copy, reproduce, distribute, transmit, display, perform, or create derivative works from any part of the Website without our prior written consent.

Digital Product Terms

  • License Terms: Digital photographs purchased through this Website are licensed for personal use only. For commercial use or redistribution, you must contact us via the contact form to request a separate license.
  • Copyright: All rights, title, and interest in the photographs remain with Ivan With Whales. Customers receive a non-exclusive, non-transferable license to use the purchased image for personal purposes only.
  • Delivery: Digital files are delivered via download links sent to your email after purchase. These links are ephemeral and will expire.
  • Technical Requirements: Download links are valid for 1 week from the time of purchase. If you need access after this period, please contact us to request a new link.

E-commerce Terms

  • Payment Terms: All prices are listed in USD and EUR. Payments are processed securely via Paddle, our payment provider.
  • Merchant of Record: Paddle.com acts as our merchant of record for all transactions. When you purchase digital photographs, you are purchasing from Paddle.com as the seller, not directly from Ivan With Whales. Paddle.com handles all payment processing, tax collection, and billing inquiries.
  • Order Process: After purchasing a digital photograph, you will receive a confirmation email containing a download link for your file. This link is temporary and will expire as described above.
  • By purchasing through our website, you also agree to Paddle's Checkout Buyer Terms available at paddle.com/legal/checkout-buyer-terms.

You agree not to use the Website to:

  • Violate any applicable law or regulation;
  • Infringe the intellectual property rights of any third party;
  • Transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;
  • Transmit any unsolicited or unauthorized advertising, promotional materials, or spam;
  • Use any robot, spider, scraper, or other automated means to access the Website or collect data from the Website;
  • Interfere with or disrupt the operation of the Website or any server or network connected to the Website;
  • Attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website, through hacking, password mining, or any other means.

Intellectual Property Rights

The Website and all of its contents, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, are the property of Ivan With Whales or its content suppliers and are protected by U.S. and international copyright laws.

Ivan With Whales grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for your personal and non-commercial use. You may not copy, reproduce, distribute, transmit, display, perform, or create derivative works from any part of the Website without our prior written consent.

Trademarks

The trademarks, service marks, and logos (“Trademarks”) used and displayed on the Website are registered and unregistered Trademarks of Ivan With Whales and its content suppliers. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website, without the prior written permission of the Trademark owner.

Links to Third-Party Websites

The Website may contain links to third-party websites that are not owned or controlled by Ivan With Whales. Ivan With Whales has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Ivan With Whales will not and cannot censor or edit the content of any third-party website. By using the Website, you expressly relieve Ivan With Whales from any and all liability arising from your use of any third-party website.

Privacy Policy

Please review our Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy. The Privacy Policy is incorporated into and is a part of these Terms.

Indemnification

You agree to indemnify and hold Ivan With Whales and its affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your use of our Site, your violation of these Terms, or your violation of any rights of another.

Modifications to Terms

We reserve the right to modify these Terms at any time without prior notice. Your continued use of our Site after any changes to these Terms will constitute your acceptance of such changes.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Portugal. Any legal disputes shall be resolved in the courts of Portugal.

Contact Us

If you have any questions about these Terms, please contact us.