Image Licencing & Terms

All images on this website can be licensed for any personal, business or commercial purposes. In order to use any of my images you need a license (unlicensed use constitutes copyright infringement). Buying a license does not give you ownership of the file, but grants you the right to use it for the specific use(s) and time period covered by the licence. Any additional usage not covered by these terms requires the purchase of an additional license. Unless otherwise stated I, James Brunker, retain full ownership of the copyright and moral rights to the licensed image(s).

Prices: Licence price will depend on how, where and for how long you intend to use the image, taking into account factors like media, size, duration, placement, geographic distribution, exclusivity, etc. Standard Rights-Managed (RM) licence options are available for all images, to purchase a licence please use the Rights-Managed reproduction licence button next to individual images. If you have other specific licence requirements for your project(s) or need a large number of images please ask for a quotation, I shall be happy to discuss licence fees with you! My images are not normally available for Royalty-Free (RF) licensing but I am happy to discuss it for some images and projects, please get in touch with the details of the planned usage and images you wish to use.

Uses: You can license my images for advertising, marketing, apps, websites, social media, TV and film, presentations, newspapers, magazines and books, advertising, and product packaging, among many other uses.

Commercial use means that an image is used to sell a product, promote something or raise money for a cause. This includes use in advertising, marketing, promotion, packaging, publication covers, advertorials and consumer or merchandising products.

Editorial use is when an image or clip is used to illustrate a newsworthy article, a critique or an educational text. Examples include newspapers, magazines, editorial broadcasts, non-commercial websites, blogs and social media posts illustrating matters of public interest. Commercial, promotional, advertorial or endorsement purposes are not covered by editorial usage licenses.

Low resolution files (800px wide) with a watermark can be downloaded by account holders for internal testing and comping purposes only.

Legal guarantees: Unless otherwise stated these images are provided “as is”, i.e. without any model or property release, nor legal guarantee. They are provided without representation, warranty or condition of any kind, either express or implied, or fitness for a particular purpose. It is up to you, the user, to ensure that your use of the image does not infringe on any copyright, moral right, trademark or other intellectual property right or violate any right of privacy or publicity. You agree to defend, indemnify and hold me, James Brunker, harmless from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with any use of the licensed image(s).

Alterations: Alterations of the images are allowed unless otherwise stated. Images for editorial use may be cropped or otherwise edited for technical quality provided that the editorial integrity of the content is not compromised. Please note that you are solely responsible for any edits made to the image(s).

Restricted uses: Image(s) may not be used in a way that means any person in the image(s) is depicted in a way that a reasonable person would find offensive, including (but not only) defamatory, libelous, obscene, indecent, pornographic or otherwise unlawful.

We make no claim or warranty with regard to your use of content, names, text, people, trademarks or copyright material depicted in any image and you will indemnify us in respect of any claims, damages, costs or expenses we incur arising from the use of any image supplied to you.

An image license request can be refused without justification.

Copyright: Unless otherwise stated I, James Brunker, retain full ownership of the copyright and moral rights to the licensed image(s). All images are protected by US and international copyright laws and the majority are registered with the US Copyright Office.

Statutory damages for copyright infringement are usually between $750 and $30,000 per work, as determined by the court. However, the damage amount can be increased up to $150,000 per work if the infringement is found to be willful (intentional).

Photo Credit: You are not required to include a photo credit for commercial use (though it is greatly appreciated). If you are using content for editorial purposes, you should include the following credit next to the content or in a credits section: “James Brunker, Magical Andes Photography”. For online content (websites, blogs, social media etc) it would be appreciated if you could in addition provide a link(s) to this website or relevant social media page, though it is understood that this may not always be practical.

Electronic Storage / Image Metadata: You agree to retain the copyright notice and information, contact and any licencing details and image identification reference which appear in the image file, and to maintain appropriate security to protect the content from unauthorized use by third parties. You may make one copy of the content for back-up purposes.

Taxes: You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the licensed image.

Refunds / Cancellation: No usage right will be refunded for any reason once the image license agreement has been signed or otherwise finalized or the file has been delivered, whichever comes first.

Prints: High quality prints of my images are available and they are also available on various products. Please visit the High Quality Prints page for more details. Please note that buying a print or product does not grant any additional rights for editorial or commerical uages of the image.

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