AI Policy for the Use of Content from Justin Manders Photography

Date: 10 August 2023

1. Definitions:

  • Website: Refers to Justin Manders Photography's website.
  • Content: Refers to all photos, text, graphics and other media presented on the Website.
  • User: Any person or entity accessing or using the Content for AI purposes.

2. Use of Content:

  • The User is not permitted to scrape, copy, download, distribute, or use the Content of the Website to create data sets for artificial intelligence without the prior written consent of Justin Manders Photography.

3. Consent:

  • Written permission to use Content may be requested via the contact information provided. Permission may be granted or withheld at the sole discretion of Justin Manders Photography.

3.1. Proof of Consent:

  • Users who have obtained written permission to use content must be able to produce this proof at all times.

3.2. Duration of Consent:

  • The consent is valid for a period of one year from the date of grant, unless otherwise stated in the written consent.

3.3. Withdrawal of Consent:

  • Justin Manders Photography reserves the right to revoke previously granted permission. In such a case, the User must immediately stop using the content and delete all derived datasets.

4. Storage and Security:

  • Users authorised to use content for AI purposes should ensure adequate security of datasets to prevent unauthorised access, modification or deletion.

5. Use by Third Parties:

  • Without the express permission of Justin Manders Photography, the User is not allowed to sell, share, distribute or in any other way make the content or derived datasets available to third parties.

6. Responsibility for Derived Works:

  • Users are fully responsible for any derivative works created from the Content. This includes, but is not limited to, any negative or harmful consequences arising from the use of such derivative works.

7. Transparency on Use:

  • Users may be required to clearly indicate how, where and why they use the content in their AI applications.

8. Liability:

  • Justin Manders Photography is not liable for any damages, losses or consequences arising from the User's use of the content in AI applications.

9. Termination:

  • Terms under which the agreement or consent may be terminated are subject to the discretion of Justin Manders Photography and will be clearly communicated to the User. Consequences of such termination will include cessation of use and removal of all derived datasets.

10. Previous Scraping Actions:

  • Users who scrapped, copied, downloaded or otherwise used content for AI purposes prior to the implementation date of this AI Policy without Justin Manders Photography's prior written consent are required to remove and destroy all such content and derived datasets within 30 days of the implementation date of this Policy. Proof of such removal and destruction must be provided to Justin Manders Photography in writing.

11. Penalties for Breach:

  • Breach of this AI Policy may result in penalties as set out below:
    • First offence: a fine of €10,000.
    • Second offence: a fine of €25,000.
    • Each subsequent offence: A fine of €50,000.
  • In addition to fines, Justin Manders Photography reserves the right to take further legal action against the violator. This may include, but is not limited to, seeking damages or filing a lawsuit.

12. Other Provisions:

  • All intellectual property rights in the Content shall at all times remain the property of Justin Manders Photography. No part of this policy shall be construed to transfer such rights to the User or any third party.
  • Justin Manders Photography reserves the right to amend this AI Policy at any time. Changes will become effective as soon as they are published on the Website.

13. Contact:

  • For any questions, comments or concerns regarding this AI Policy, please contact Justin Manders Photography using the contact details provided on the Website.

14. Applicable law:

  • This AI Policy and the relationship between the User and Justin Manders Photography shall be governed by the laws of the country in which Justin Manders Photography is located. Any disputes arising out of or relating to this AI Policy shall be submitted to the competent court in the same country.