Terms and Conditions

Parties: 
- Photographer - DMNX.Photo or Domnix Benevides.
- Client - any persons granted access to the photographs in this gallery. 

Application:

The following Terms apply to photos provided without a contract. Separately signed service contracts, licensing contracts, or work for hire contracts supersede the items in these Terms and Conditions. 

 

By obtaining the images in this gallery, the client hereby agrees to the following:

1 - Permissions
The photographer grants non-exclusive rights for usage in two categories: a) personal use, and b) promotional use. See addendum A for examples.
 
2 - Limitations
The client is not allowed to sell or commercialize the images, or works derived from them. Any media or promotional material containing these images or derived from them may not be used for profit without acquiring a separate license from the photographer.

3 - Photographer attribution
Attribution must be given to the photographer (as "DMNX.photo") at every instance of usage in any public-facing media vehicle, online or in print. Images published without credit will be subject to copyright violation claims.

4 - Timeframe
Usage as outlined in this document is granted perpetually. The photographer reserves the right to revoke these terms upon infringement of the terms.

5 - Rights to edit
Basic edits are allowed. All other changes must be requested directly to the photographer. See addendum B for list of permissible and non permissible alterations.

6 - Sublicensing rights
The client may share the images with third parties for personal use and for the sake of promotion. See addendum C for examples of third parties. The third party will be then considered "client" and subject to the original terms and conditions. The client may not submit the photos to stock websites or contests, or share with third parties who may commercialize the images.

7 - Fees
Any amount paid to the photographer on a freelance basis is considered pay for the photographer's work, time, skill, equipment and expertise and does not grant image rights. Edited photos are provided in this gallery free of charge, for usage as outlined in this document, and in compliance with the limitations specified. The photographer reserves the right to invoice the client upon usage infringement.

8 - Changes to licensing
Client may request changes to licensing for a fee by contacting: contact@dmnx.photo.

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Addendums:

A - Non exhaustive examples of personal usage authorized in this license: sending the link to the gallery or the photos to friends and family; making personal prints; using an image as a computer desktop background.  
Non exhaustive examples of promotional usage authorized in this license: publishing in social media vehicles and websites; creating promotional material for performances (posters and flyers). 

B - Basic edits are edits that do not significantly alter the photographer's vision, their choice of style, their composition, or change the idea of the moment captured. 

- Allowed: Cropping of empty or insignificant areas. 
- Allowed but must be disclaimed: use of instant filters and/or conversion to black and white. 
- Not allowed: significant shift of colors and brightness levels. Removal of items, except by cropping insignificant areas. Airbrushing, healing, cloning, replacements of objects, people or parts of the scene. Use of artificial intelligence systems designed to generate derivatives, mimic or alter the images.

C - Non exhaustive examples of third parties: promoters, venues, print publications, online publications, TV channels, radio, podcasts, magazines, zines, newspapers, fan clubs, blogs, street teams. These may request photos for illustration of materials such as articles, reviews, interviews, flyers, show announcements, etc..