Licensing

This is a license agreement between you and Hunter Kerhart that explains how you can use photos and video clips that you license from HunterKerhart.Com. By downloading stock content from HunterKerhart.Com, you accept the terms of this agreement.

Every file downloaded from Hunter Kerhart comes with a Standard License. Our standard license permits you to use the purchased media through the terms described below. 

Our Standard License

You may use stock content in any way that is not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by Hunter Kerhart are:

  • Perpetual, meaning there is no expiration or end date on your rights to use this content. 
  • Non-Exclusive, meaning you do not have exclusive rights to use the content. Hunter Kerhart can license the same content to other customers.
  • Unlimited, meaning you can use the content in an unlimited number of projects and in any media.
 
The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else with the following exceptions:
  • Employer or Client: If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content
  • Subcontractors: You may allow subcontractors (for example, your printer or graphic designer) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors may not use the content for any other purpose. 
 
Examples of how you can use licensed content include: websites; blog posts; social media; advertisements; marketing campaigns; corporate presentations; non-commercial film and video presentations; web and mobile applications (excluding templates and/or downloadable files).
  • invitations, advertising and promotional projects, including printed materials, product packaging, presentations, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or license) up to 3,000 prints;

For purposes of this agreement, “use” means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of.

Our Extended License

Our Extended license expands on the Standard license to increase both the types and quantities of reproductions permitted, namely the ability to use our media in items that are meant for large-scale distribution or resale.  

Extended licenses are granted only on a case-by-case basis, at the sole discretion of Hunter Kerhart. Our Extended license expands on our Standard license in the following ways:

  • Use of stock content in invitations, advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards and other reproductions for personal or promotional purposes, resale, or other distribution (with the exception of licensing) up to an unlimited number of prints;
  • Use of stock content in entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, video, film and television productions, broadcast and theatrical presentations up to an unlimited number of prints;
  • Use of stock content in themes, skins and other electronic software meant for resale limited to a maximum of 480,000 total pixels (for example: 600px x 800px) per media file where un-edited.
 
For Extended License inquiries, please contact us here.
 
 

Prohibited Uses

  • No Standalone File Use. You may not use stock content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use); or incorporate the stock content in any product that results in a re-distribution or re-use of the stock content or is otherwise made available in a manner such that a person can extract or access or reproduce the stock content as an electronic file;
  • No Distribution of Content. You may not sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the stock content or the rights granted under these terms;
  • No Use In Trademark or Logo. You may not use any of the stock content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
  • No Products for Resale. Unless you purchase an extended license, you may not use stock content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationary items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, digital device cases and covers, mobile applications, digital templates, or other items (physical or digital) for sale, license or other distribution for profit. This includes “on demand” products (meaning products in which stock content is selected by a third party for customization on such product on a made-to-order-basis), including, without limitation, postcards, mugs, t-shirts, posters and other print items (this includes the sale of products through custom designed websites, as well as sites such as zazzle.com and cafepress.com)
  • No Electronic Templates. Unless you purchase an extended license, you may not use stock content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates).
  • No Removal of Data. You may not remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the content. To the extent that source code is contained within the stock content, you may not reverse engineer, decompile, or disassemble any part of such source code;
  • No False Representation of Authorship. You may not falsely represent that you are the original creator of a work that is made up largely of licensed content from Hunter Kerhart. For instance, you cannot create a painting based solely licensed content and claim that you are the author.
  • No Competitive Use. You may not use any stock content in a manner that competes with our business including, but not limited to, displaying licensed content in any format (including thumbnails) for download or Export on a website or offering Stock Media for sale;
  • No Unlawful Use. You may not use content in any fashion that is considered to be pornographic, obscene, immoral, defamatory, offensive or that would be reasonably likely to bring any person or property reflected in the stock content into disrepute. You may not use content in any unlawful manner.

Intellectual property rights

Content Ownership

All of the licensed stock content is owned by Hunter Kerhart. All rights not expressly granted in this agreement are reserved by Hunter Kerhart. Please note that by purchasing a license to use the media on this site, you acknowledge that no transfer of copyright exists, and you are purchasing a license to use the media as per the terms set out in this agreement.

Attribution

You do not need to include a photo credit for commercial use, but if you are using content for editorial purposes, you must include the following credit adjacent to the content or in visual production credits: “Photography by Hunter Kerhart.”

If technically feasible, you must include the following credit for all licensed video content in visual productions: “Video by Hunter Kerhart.”

 

General Provisions

Audit/Certificate of Compliance

Upon reasonable notice, you agree to provide to Hunter Kerhart sample copies of projects or end uses that contain licensed content, including by providing Hunter Kerhart with free of charge access to any pay-walled or otherwise restricted access website or platform where content is reproduced. In addition, upon reasonable notice, Hunter Kerhart may, at his discretion, audit your use of licensed content in order to verify compliance with the terms of this agreement. If any audit reveals an underpayment by you to Hunter Kerhart of five percent (5%) or more of the amount you should have paid, then in addition to paying Hunter Kerhart the amount of the underpayment, you also agree to reimburse Hunter Kerhart for the costs of conducting such audit. 

Electronic Storage

You agree to retain the copyright symbol, the name of Hunter Kerhart, the content’s identification number and any other information that may be embedded in the electronic file containing the original content, and to maintain appropriate security to protect the content from unauthorized use by third parties. You may make one (1) copy of the content for back-up purposes. 

Governing Law/Arbitration

This agreement will be governed by the laws of the State of California, U.S.A., without reference to its laws relating to conflicts of law. Any disputes arising from or related to this agreement shall be finally settled by binding, confidential arbitration by a single arbitrator selected using the rules and procedures for arbitrator selection under the Commercial Rules of American Arbitration Association (“AAA”) in effect on the date of the commencement of arbitration (the applicable rules to be set at your discretion) to be held in the jurisdiction of Los Angeles, California. The arbitration proceedings shall be conducted in English and all documentation shall be presented and filed in English. The decision of the arbitrator shall be final and binding on the parties, and judgement may be entered on the arbitration award and enforced by any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not govern this agreement. Hunter Kerhart shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Hunter Kerhart, such action is necessary or desirable. The parties agree that, notwithstanding any otherwise applicable statue(s) of limitation, the arbitration proceeding shall be commenced within two years of the acts, events or occurrences giving rise to the claim. 

Severability

If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable. 

Waiver

No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement.

Entire Agreement

No terms of conditions of this agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by Hunter Kerhart and accepted in writing by you. In the event of any inconsistency between the terms of this agreement and the terms contained on any purchase order sent by you, the terms of this agreement will apply. 

 

Warranties/Limitation of Liability

 

No Warranties 

The stock content is provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Hunter Kerhart does not represent or warrant that the content will meet your requirements or that its use will be uninterrupted or error free. 

Limitation of Liability

Hunter Kerhart will not be liable to you or any other person or entity for any punitive, special, indirect, consequential, incidental or other similar damages, costs or losses arising out of this agreement, even if Hunter Kerhart has been advised of the possibility of such damages, costs, or losses. Some jurisdictions do not permit the exclusion or limitation of implied warranties or liability.

Termination/Withdrawal/Refund Policy

Termination

This agreement is effective until it is terminated by either party. You can terminate this agreement by ceasing use of the content and deleting or destroying any copies. Hunter Kerhart may terminate this agreement at any time if you fail to comply with any of the terms, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to Hunter Kerhart in writing that you have complied with these requirements.

Content Withdrawal

Hunter Kerhart may discontinue licensing any item of stock content at any time in his sole discretion. 

Refunds

Please note all sales are final. There are no refunds. 


For any uses not listed here, or for questions regarding our licensing please contact us here.