License Agreement

This is a license agreement between you and Kingfisher Photography that explains how you can use the photos that you license from Kingfisher Photography. By downloading content from Kingfisher Photography, you accept the terms of this agreement.

What types of licenses does Kingfisher Photography offer?

Kingfisher Photography offers two types of licenses: private and commercial use.

You are welcome to use watermarked content from the Kingfisher Photography site on a complimentary basis for test or sample layout (composite) use only. Watermarked content cannot be used in any final materials or any publicly available materials.

How can I use licensed content?

You may use content in any way according to your purchased license type (see License Types below) and 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 Kingfisher Photography are:

  • Perpetual: meaning there is no expiration or end date on your rights to use the content downloaded during your agreement.

  • Non-exclusive: meaning that you do not have exclusive rights to use the content. Kingfisher Photography can license the same content to other customers. 

  • Worldwide: meaning content can be used in any geographic territory.

  • Unlimited: meaning you can use the content in an unlimited number of projects and in any media. 

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

Who can use the licensed content?

The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. 

There are two 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 mailing house) 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.

License Types

1. Private Use

By using the photographs provided under the private use license, you agree to the following terms:

  • Attribution: You must give appropriate credit to the creator, Tobias Brehm or Daniela Rommel respectively (check photo description for creator), provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the creator endorses you or your use.
  • Non-Commercial Use: You may use the photographs for private, non-commercial purposes only. Any use of the photographs for commercial purposes requires the prior written consent of the creator and a commercial use license.

Disclaimer: The photographs are provided "as is", without warranty of any kind, either express or implied.

2. Commercial Use

This agreement ("Agreement") is entered into by and between Kingfisher Photography ("Licensor") and the person or entity ("Licensee") who accepts the terms of this Agreement. By using the photographs provided under this commercial use license, you agree to the following terms:

a. Grant of License:

  • Licensor grants Licensee a non-exclusive, non-transferable, worldwide license to use, reproduce, distribute, and display the photographs for commercial purposes.
  • Licensee may use the photographs in products, marketing materials, advertisements, websites, social media, and other commercial applications for up to 50'000 print copies (i.e. postcards, greeting cards or other cards, stationery, stickers and paper products, posters, calendars or other similar publications, mugs or mousepads) and up to 1'000 t-shirts, sweatshirts, or other apparel, games, toys, entertainment goods like CDs or DVDs, framed or mounted artwork. The use for electronic products such as mobile applications and electronic templates is unlimited.

b. Attribution:

  • Licensee must give appropriate credit to the creator, Tobias Brehm or Daniela Rommel respectively (check photo description for creator), in a visible and reasonable manner where the photographs are used, unless otherwise agreed upon in writing by Licensor.
  • Attribution should be provided in the format: "Photo by Tobias Brehm, Kingfisher Photography" or "Photo by Daniela Rommel, Kingfisher Photography" respectively (check photo description for creator) or equivalent.

c. Restricted Use

See section Restricted Uses below.

d. No Warranty:

  • The photographs are provided "as is," without warranty of any kind, either express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.

e. Indemnification:

  • Licensee agrees to indemnify and hold harmless the Licensor from and against any and all claims, damages, or liabilities arising out of the use of the photographs by the Licensee.

f. Termination:

  • This Agreement is effective until terminated. Licensor may terminate this Agreement at any time if Licensee breaches any of its terms. Upon termination, Licensee must cease all use of the photographs and delete any copies in their possession.

g. Governing Law:

  • This Agreement shall be governed by and construed in accordance with the laws of Switzerland.

h. Entire Agreement:

  • This Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes all prior agreements, discussions, or understandings.
  • By using the photographs under this Agreement, you acknowledge that you have read, understood, and agree to be bound by its terms.

Restricted Uses

a. No Unlawful Use:

You may not use content in a pornographic, defamatory or other unlawful manner, to promote violence or hatred, or in violation of any applicable regulations or industry codes. 

b. No Standalone File Use:

You may not use 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). 

c. No Use in Trademark or Logo:

You may not use content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the content or any similar content (including by us, our customers, or the copyright owner of such content).

d. No False Representation of Authorship:

You may not falsely represent that you are the original creator of an end use that is made up largely of licensed content. For instance, you cannot create a painting based solely on licensed content and claim that you are the author.

e. No Machine Learning, AI or Biometric Technology Use:

Unless expressly authorized by Kingfisher Photography you may not use content (including any caption information, keywords or other metadata associated with the content) for any machine learning or artificial intelligence purposes, or for any technologies designed for or intended for the identification of natural persons.