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.
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:
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 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:
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.
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.”
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.
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.
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.
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.
No action of either party, other than express written waiver, may be construed as a waiver of any provision of this 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.
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.
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.
Hunter Kerhart may discontinue licensing any item of stock content at any time in his sole discretion.
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.