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Terms of Service

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 to the Client without a contract, i.e, free of charge or in a trade-for-prints (TFP) agreement. Separately signed service contracts, licensing contracts, work-for-hire, or buyout contracts supersede the items in these Terms and Conditions. 

All terms apply regardless of file format, unless superseded by a separate contract signed by both parties.

 

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

1 - Permissions


The Photographer grants non-exclusive, perpetual, limited rights for the usage of the photos in this gallery in the following categories: a) personal use, and b) promotional use. See addendum A for examples.
 
2 - Limitations

  • Commercial use clause: 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.

  • Generative AI clause: The client is not allowed to use any photos, metadata, or derivative works therefrom as training data for any machine learning model, or style-transfer architectures. The client is not allowed to prompt AI systems to generate new images 'in the style of' or 'resembling' the photographer's work. Client is not allowed to: (a) convert delivered files to vector or editable formats; (b) extract embedded EXIF, XMP, or IPTC metadata for dataset curation; (c) upload files to platforms enabling automated training.

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. Photographs published in social media websites where the photographer has an account must be linked to the photographer's handle @dmnx.photo, i.e., tagged. The photographer reserves the right to ask the Client to credit and/or tag or otherwise request the photograph to be unpublished if the Client does not wish to comply.

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 editing of the photos is allowed. See addendum B for list of permissible and non permissible alterations. All other changes must be requested directly to the photographer. Changes made to the images beyond the terms of this document will be considered a copyright violation.

6 - Sublicensing rights

  • The client is allowed to share the images with third parties for personal use and for the sake of promotion of the Client's own work, where the purpose is without direct financial compensation. 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 receive direct compensation for the Photographer's image.

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 for usage as outlined in this document, and in compliance with the limitations specified. The photographer reserves the right to invoice the client upon infringement of any of the terms, and to seek recuperation of damages and income lost if applicable.

  • Infringement of the Generative AI clause will be charged at $1000 per photo.

  • Infringement of the Commercial Use clause and/or Sublicensing violation will be charged at $1000 per photo plus a calculation of 5% of the compensation the client received by using the photo, pro-rated from the time of the gallery published until the time of discovery by the Photographer.

  • Infringement of Copyright will be charged at $1000 per photo.

8 - Changes to licensing


Client may request changes to licensing by contacting: contact@dmnx.photo.

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Addendums:

A -

Personal usage examples:

  • Sending the link to the gallery or the photos to friends and family;

  • Using a photo as your profile picture on social media or on your personal website;

  • Making personal prints;

  • Using an image as a computer desktop or a phone background.

    Promotional usage examples:

  • Publishing in social media vehicles and websites;

  • Adding the photos to slideshows, shorts and reels;

  • Sharing a photo with a print or online magazine for an interview or article

  • Using a photo as "profile", "band photo" or "artist photo" in the Client's own promotional website;

  • Creating promotional material for performances (posters and flyers) where the material will not be sold to the public. 

B -

Basic edits are alterations 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 editing filters (non Gen-AI) 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 machine learning 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, vendors present at the event. These may request photos for illustration of materials such as articles, reviews, interviews, flyers, show announcements, etc..

© DMNX PHOTO