Terms & Conditions - DMB Represents
Terms & Conditions

Unless otherwise specifically stated, images remain the property of DMB or the particular
contributor. DMB represents that it has the right to grant the license on behalf of the
contributor. Upon submission of and payment of an invoice by DMB a license is only granted
to use the images for the use specified on the invoice and for no other purpose, unless such
images are purchased outright. Recipient does not acquire any right, title or interest in or
to any image, including, without limitation any electronic reproduction.

Terms and Conditions
Submission of images for examination or use is conditioned upon the recipient agreeing to
all the terms herein:
Terms relative to submission
Images may not be used in any way, including layouts, sketches, xerography or scanning until
submission of and payment of an invoice indicating Recipients right to do same, or
indicating the purchase of the image(s) outright, which shall be only on the terms of use
hereinafter specified.
Projection of any transparency is not permitted. You may not archive, republish, or transmit
images on any
database without DMB’s prior written consent.

Terms as to use
or promotional rights and will not make, authorise or permit any use of the particular
image(s), plate(s) or digital files made there from other than as specified herein. The
image(s) shall be faithfully reproduced and, unless DMB gives its express written consent in
advance, shall not be cropped, colourised, solarised, overlaid with text, or otherwise
altered in any way (except as to overall size). Full credit and copyright information must
remain with the image.

If recipient desires to re-use an image or extend previous usage, then recipient must
request and pay for additional rights prior to publication in any domain. You agree not to
make, authorise or permit any use of an image or its derivative (use of an image as a
source to create another image) except as authorised by the invoice. In the event you use an
image for any use other that that indicated on the invoice, including but not limited to the
number of uses, the publication using, or the size of the reproduction, DMB agrees to fore
go its right to sue fir copyright infringement and breach of contract if you pay, as
liquidated damages, a sum equal to ten (10) days of us invoicing such fee. This not a
penalty but a fair use charge. If you fail to make such payment in ten
(10) days, we shall have the right to sue for copyright infringement and breach of contract.
No model releases or other releases exist on any images unless DMB specifies the existence
of such releases in writing. Recipient shall indemnify DMB against all claims arising out of
the use of any images where the existence of such release has not been specified in writing
by DMB. In any event, the limit of liability of DMB shall be the sum paid to it per the
invoice for the use of the particular image involved.
User will hold DMB harmless from all claims for the use of the images, including defamatory
use, DMB gives no right or warranties with respect to the use of names, trademark, logo
types, registered or copyrighted designs or works of art depicted in any image, and the
client must satisfy himself/herself that necessary rights, consents or permissions as may be
required for reproduction are secured.

Digital files are provided “as is” and unless agreed before hand, will always be in RGB
format, DMB makes no representation or warranty, either express or implied, including but
not limited to any implied warranties of merchantability, fitness for any purpose, non
infringement, quality of image, or compatibility with any computer hardware or other
equipment, operating system or software program.

This agreement is not assignable or transferable on the part of the recipient.
The contract contains all the terms of the agreement between DMB and recipient concerning
delivery and review of images, and no terms and conditions may be added or deleted unless
made in writing and signed by both DMB and recipient. These terms and
the terms of any subsequent invoice supersede any and all terms of the clients purchase
order. Any subsequent invoice DMB may issue may contain additional terms relating to the
rights granted and the type of use allowed. No rights are granted until payment is made to
DMB even thought recipient has received an invoice.

Payment herein is to be net thirty (30) days. A service charge of two (2%) percent per month
on any balance will be charged thereafter. Any claims for adjustment or rejection of terms
must be made to DMB within ten (10) days after receipt of invoice. Recipient will provide
DMB with two (2) copies of published material free of charge upon printing.
Rights are being reserved to recipient when an invoice is created. If recipient cancel an
order within ten (10) days after the invoice is issued DMB will refund 25% of the agreed
fee. After ten (10) days no refund shall be made and recipient is responsible for full
payment of the invoice. Images used editorially should bear a credit line in the form “(name
of photographer or creator of the artwork)/ DMB”.

DMB reserves the right to charge a treble fee for use without a credit. Recipient must register
copyright in their name to afford protection to the image. Such copyright shall be
immediately reassigned upon request, without charge.
All rights not specifically granted herein to recipient
are reserved for DMB’S use and disposition without any limitations whatsoever. Objection to
any of these terms must be made in writing within 10 (ten) days.
Limitation of Liability

Under no circumstances will DMB or the owner of the image be liable for direct, incidental,
consequential, indirect or punitive damages as a result of the use of the images. In any
event, the limit of liability of the copyright owner of the image and DMB shall be the fee
paid for the artwork to DMB.

You agree to indemnify and hold DMB, its officers, director, employees and the copyright
holder, harmless from any and all claims, liabilities, damages,
costs and expenses, including reasonable attorney’s fees, arising from the use of any image
or any breach of this agreement.
Disputes or claims arising out of submission and/or use Any and all disputes with the
exception of copyright claims, arising out of, under or in connection with this agreement,
including, without limitation,
the validity, interpretation, performance and breach hereof, shall be settled by arbitration
in the London (UK) pursuant to the rules of the UK Arbitration association. Judgement upon
the award rendered may be entered in the highest court of the forum,. This agreement, its
validity and effect, shall be interpreted under and governed by UK law, if you are an agent
for or an employee of a non UK company but operates in a place of business in the UK or its
territories, you expressly agree that any dispute regarding this contract shall be
adjudicated within the UK in the manner described here.
Copyright claims shall be brought in the UK court having jurisdiction.
If DMB is caused to present claims or suit as a result of any breach of the above terms set
forth, it shall be made whole for such reasonable legal fees or costs by recipient or user

Expenses Management
If desired, you (the client) may elect to have shooting both Photographic and moving image
based expenses administered by DMB. If you make such election, the following terms apply:
The client shall advance to DMB in one or ore lump sum payments, the funds necessary to
cover all expenses specified in the estimate, and DMB shall disburse such funds to pay each
such expense as it falls due.

DMB shall be authorised to pay all expenses in the approved estimate without the clients
specific approval, but shall obtain such approval before paying any expense not specified in
the agreed shoot estimate. DMB shall not be required to pay
any expense unless and until the client provides the necessary fund, and shall have no
personal responsibility or liability for any cost or expense, other than to disburse the
funds provided by the client, pursuant to the agreed shoot estimate. The client shall
indemnify DMB against any costs (including reasonable lawyer’s fees) arising in connection
with any
claim asserted against DMB by nay vendor or supplier as the result of the client’s failure
to provide required funds. DMB shall provide the client with receipts (or other acceptable
written substantiation) for all disbursements made by DMB on the clients behalf in
consideration of its services at the clients

DMB shall charge processing fees to the client at the following rates:
Under £2,500 — None
£2,500 – £10,000 — £250
£10,000 – £24,999 — £500
£25,000 – £49,000 — £1,000
£50,000 – £99,000 — £1,500
£100,000 – 0r more — £2,000
This privacy policy sets out how DMB uses and protects any information that you give DMB
when you use this website.

DMB is committed to ensuring that your privacy is protected. Should we ask you to provide
certain information by which you
can be identified when using this website, then you can be assured that it will only be used
in accordance with this privacy statement.
DMB may change this policy from time to time by updating this page. You should check this
page from time to time to ensure that you are happy with any changes. This policy is
effective from the 1 of January 2010.

What we collect
We may collect the following information:
name and job title
contact information including email address
— demographic information such as postcode, preferences and interests
— other information relevant to customer surveys and/or offers
What we do with the information we gather
We require this information to understand your needs and provide you with a better
service, and in particular for the following reasons:
Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional email about new products, special offers or other
information which we think you may find interesting using the email address which you have
From time to time, we may also use your information to contact you for market research
purposes. We may contact you by email, phone, fax or
mail. We may use the information to customise the website according to your interests.

We are committed to ensuring that your information is secure. In order to prevent
unauthorised access or disclosure we have put in place suitable physical, electronic and
managerial procedures to
safeguard and secure the information we collect online.

How we use cookies
A cookie is a small file which asks permission to be placed on your computer’s hard drive.
Once you agree, the file is added and the cookie helps analyse web traffic or lets you know
when you visit a particular site. Cookies allow web applications to respond to you as an
individual. The web application can tailor its operations to your needs, likes and dislikes
by gathering and remembering information about your preferences.
We use traffic log cookies to identify which
pages are being used. This helps us analyse data about web page traffic and improve our
website in order to tailor it to customer needs. We only use this information for
statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which
pages you find useful and which you
do not. A cookie in no way gives us access to your computer or any information about you,
other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies,
but you can usually modify your browser setting to decline cookies if you prefer. This may
prevent you from
taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used
these links to leave our site,
you should note that we do not have any control over that other website. Therefore,
we cannot be responsible for the protection and privacy of any information which you provide
whilst visiting such sites and such sites are not governed by this privacy statement. You
should exercise caution and look at the privacy statement applicable to the website in
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the
following ways:
whenever you are asked to fill in a form on the website, look for the box that you can click
to indicate that you do not want the information to be used by anybody for direct marketing
if you have previously agreed to us using your personal information for direct marketing
purposes, you may change your mind at any time by
writing to or emailing us at DMB, No 2 177-187 Whitecross Street, London EC1Y 8QP or
We will not sell, distribute or lease your personal information to third parties unless we
have your permission or are required by law to do so. We may use your personal information
to send you promotional information about third parties which we think you may find
interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data
Protection Act 1998. A small fee will be payable. If you would
like a copy of the
information held on you please write to DMB, No 2 177-187 Whitecross Street, London EC1Y 8QP or
If you believe that any information we are holding on you is incorrect or incomplete, please
write to or email us as soon as possible, at the above address. We will promptly correct any
information found to be incorrect.