(www.nunukphotos.com is owned and operated by Octane Media Private Limited)
1) Octane Media Private Limited images are supplied on loan, and no property or copyright of any image passes to the Client either on submission of the files or on the grant by Octane Media Private Limited of reproduction rights for any image.
2) The right to reproduce an image granted by Octane Media Private Limited is personal to the Client and may not be assigned to any third party without Octane Media Private Limitedís prior written consent.
3) Permission to reproduce an image is granted to the Client by Octane Media Private Limited only when the fee for the reproduction has been paid, a receipt of payment email has been issued by PayPal to Octane Media Private Limited, and a Reproduction Rights Agreement (in the form of an email) has been issued by Octane Media Private Limited.
4) Permission to reproduce an image applies only to the reproduction described in the Reproduction Rights Agreement (email). Rights to use an image under the Reproduction Rights Agreement are limited to the use, medium, period of time and territory (and other possible criteria) as indicated in the Reproduction Rights Agreement. The Client agrees that no other rights to the image(s) are granted to the Client other than those set out in the Reproduction Rights Agreement. In the event of unauthorized reproduction, the Client shall pay by way of liquidated damages to Octane Media Private Limited a fee of $500USD per unauthorized reproduction of each image in addition to the normal fee for the reproduction.
5) The Client must accompany any reproduction of an image with the credit line in the form "(photographerís name / www.nunukphotos.com)". Clients who persistently fail to credit images will be liable, following a written warning from Octane Media Private Limited, to a surcharge of 100% on the fee, for all reproductions that are not properly credited. Octane Media Private Limited asserts the right to a credit in accordance with sections 77 & 78 of the Copyright, Designs & Patents Act 1988.
6) The Client may not use the images for any form of pornography, or in a libelous, defamatory, fraudulent, infringing, or other illegal manner. Advance written permission is required for use of images for sensitive subjects, included, but not limited to, substance abuse, physical or mental abuse, alcohol, tobacco, AIDS, cancer or other serious physical or mental ailments of the disparagement of a person or product.
7) The Client may not alter, add to, or manipulate an image by means of computer or any other technique or reproduce an image in whole or in part as an element within, or as a montage with, another image without Octane Media Private Limitedís written permission.
8) All forms of electronic copying, reproduction, publication, transmission, and/or storage of an image are prohibited without the express prior written consent of Octane Media Private Limited.
9) One copy of any printed publication or relevant pages or proofs thereof containing any reproductions of Octane Media Private Limited images are to be supplied to Octane Media Private Limited free of charge within two weeks of publication (high quality digital scans of individual pages accepted), together with details of initial print runs, and when known, of subsequent print runs. In other media, evidence of reproduction and all details of use must be made available on request. Snail mail can be sent to the Octane Media Private Limited Canadian address (see Contact Us page). Other evidence of reproduction can be electronically mailed to admin[at]nunukphotos[dot]com.
10) The Client will provide Octane Media Private Limited with all such information as Octane Media Private Limited may reasonably require about digital encryption and compression of images for use on CD-ROM and other digital products to prevent piracy and unauthorized use of images submitted by Octane Media Private Limited.
11) Images must not be retained on a Clientís database after publication or reproduction unless written permission is obtained from Octane Media Private Limited in advance. Any digital copies made by the Client for any purpose (including reproduction or archive) must be returned to Octane Media Private Limited or at Octane Media Private Limitedís request destroyed by the Client.
12) Unless specified in writing, Octane Media Private Limited makes no claim or warranty as to the existence or validity or other releases in respect of the images or as regards the reproduction by the Client of any names or trade marks depicted in the images. It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.
13) While Octane Media Private Limited has taken reasonable care to correctly identify, caption and orient the images, it does not accept liability for loss or damage incurred by the Client or any third party caused by errors connected therewith.
14) The Client agrees to indemnify Octane Media Private Limited in respect of any claims or damages or loss or costs arising from reproduction of an image that are defamatory or that misrepresent the subject of the image or that contravenes the Copyright, Designs and Patents Act 1988.
15) The Client will fully indemnify Octane Media Private Limited against any unauthorized reproduction of an image submitted to the Client made by any third party as a result of or arising out of any breach by the Client of any of these terms and conditions (including but not by way of limitation the Client allowing an image or a copy thereof to come into the possession of a third party without Octane Media Private Limitedís prior written consent).