Stock Image Licensing

Kevin Hulsey Illustration, Inc.

End User Illustration License Agreement

Terms and Conditions:

This is a legal agreement between you and Kevin Hulsey Illustration, Inc., hereinafter referred to as KHI, Inc. Please read and understand this entire agreement before you license or download any content from our web site, or any other storage or transmission media on which we may deliver our content. If you do not agree to the following terms, do not download or use our content.

Content is defined as a single image, image(s), drawings, illustrations, artwork, digrams, photographs, photographic representations, composite images, animated images, or any other visual representation regardless of whether the content is obtained via a download from our site as a comp, licensed content that is downloaded/uploaded via FTP, or content that that has been delivered via any storage media that is now known or may become known in the future. The term "comp", as used in this licensing agreement, means a sample of a design layout or communication project used for internal use only, or for presentation to a client of an idea/concept. Our content may not be displayed beyond layout and/or comp use without paying for a usage license first.

This agreement affects you as an individual as well as your employer if you are licensing any content on behalf of your company. If you leave the company that licensed the content, the company may continue to make use of the content pursuant to this agreement. You, however, as an individual, may not make a copy or transfer the content to a new place of employment or to your own company.

Permitted Usage of Image Content for Comp/Layout

All of the low-resolution images located on this website are for visual reference only, but may be downloaded from this website for use in a layout or comp. Specifically, no comp image may be placed on a server for public distribution or published in any way except for use in a client presentation. Additionally, our image content may not be used as an example for another artist, or illustrator to recreate our content in substantially the same manner. Content images may also be included in 'non-commercial' personal or school projects, with prior notification via email.

Permitted Usage of Licensed Content

You may publish any licensed content pursuant to the specified usage terms and conditions stated in your usage license invoice, and pursuant to the payment terms set forth below. The content may be licensed by only one company or individual and may not be resold, relicensed, or transferred to any other company or individual. The content may be served over a network or placed in a digital library provided the maximum number of users does not exceed 10 people within the same company at the same location. If you require additional users, simply contact us about a license upgrade for each image to be placed on a network.

Restricted Usage

You cannot resell the content or any modification of the content directly. You may not lease, license, relicense, or sub-license the content as an end-product when the content is not included within a design project.

You agree not to use our content in a defamatory context, or in conjunction with any other materials that may be deemed to be defamatory, either by altering the content or by using it with accompanying text or graphics that is defamatory. You agree to hold KHI, Inc. harmless from any and all claims and expenses arising from the use of our content.

KHI, Inc. gives no rights or warranties with respect to the use of names, trademarks, logos, registered or copyrighted designs or works of art depicted in any content, and you must satisfy yourself that all necessary rights and consents or permissions as may be required for reproduction are secured.

Copyright of Content

The content contained on our web site, server, other electronic media, or print media is copyrighted and protected by the intellectual property laws of the United States and the Berne Convention. The usage rights for any reproduction of this content must be purchased and payment received prior to publication. The use of content is licensed, not sold, and the content remains the sole and exclusive property of KHI, Inc. You agree not to make, authorize or permit any use of any content, except for comp purposes, until usage rights have been obtained and payment received. Content use without prior payment is a copyright violation.

Compensation for Unauthorized Use

Because it is difficult to determine damages resulting from unauthorized usage, in the event that you utilize any content other than for the allowable uses (see "Permitted Usage of Licensed Content" above), or fail to make payment prior to publication, you agree to pay, as liquidated damages, a sum equal to four (4) times our normal license fee, payable within ten (10) days of our billing notification. If you fail to make such payment in a timely manner, this liquidated damage provision shall be void and we shall have the right to sue for copyright infringement, for which we will not accept less than ten (10) times the normal license fee plus attorney's fees and all associated costs.

Copyright Protection

Each reproduction or work in which KHI, Inc. content appears must be copyright protected. Editorial use of the content must bear the credit line "© Kevin Hulsey Illustration, Inc." You agree to provide statutory copyright protection of the content by registering the work you created or the work in which the content appears in a timely manner.

Payment Terms

No usage rights are granted, and no content downloading is permitted, until full payment has been received. Once your payment has been made by credit card, wire transfer, check, or PayPal, all usage license fees are non-refundable. Any invoice for a usage license renewal must be paid within ten (10) days of its net due date, and/or prior to the publication of any content. You agree to pay KHI, Inc. a service charge of 2% per month on any unpaid balance. Any disputes concerning the invoice must be submitted in writing within five (5) days of the invoice date, or you shall be deemed to have accepted the invoice and its terms as issued.

Arbitration

Any and all disputes relating to this agreement, including its validity, interpretation, performance, breach or other matter, excluding copyright issues, shall be settled by arbitration in California pursuant to the rules of the American Arbitration Association. Judgment upon any award rendered may be entered in the highest court having jurisdiction. The Laws of the State of California shall govern the interpretation of this Agreement. You agree that the arbitrator(s) will have full authority to award arbitration costs including legal fees, plus legal interest on any award.

Legal Costs and Jurisdiction

In the event that either a court of competent jurisdiction directs us to go to court, or the matter involves copyright, you agree to fully reimburse KHI, Inc. for its reasonable legal fees and disbursements if KHI, Inc. is successful in the suit.

No Waiver, Complete Agreement

The terms set forth in this policy represent our entire agreement concerning the delivery of any content to you, your review and usage thereof. All prior understandings or representations, whether oral or written, based on "industry custom" or past dealings, are hereby merged in this Agreement. No terms or conditions may be added unless made in writing and signed by both of us. No action of ours, other than an express written waiver, may be construed as a waiver of any part of this Agreement, and no employee is authorized to waive it orally. In the event we waive any specific part of this Agreement, it does not mean we waive any other part.

UCC

The above terms are governed by Article 2 of the Uniform Commercial Code.