Terms and Conditions of Participation
Site Usage Agreement
This agreement is issued on( 9.2 ), 2022.
By using this site and/or downloading any material, you agree to be
bound by this Agreement. This agreement applies to you and, if you
are using this web site on your client's behalf, to you and all your
clients. We reserve the right to change this agreement at any time
without further notice. We reserve the right to update and/or change
our pricing structure as needed including but not limited to changes
based on our community, imagery database or market trends. Your use
of the site will be subject to the most current version posted on
the site at the time of your use. By using this site or downloading,
uploading or using any media listed under the
https://www.loklikworkshop.com/ domain you agree to be bound by this
Agreement. Should you disagree with anything stated here please
discontinue your use of the site and erase all data you have
downloaded. Where LOKLIK has provided you with a translation of the
English language version of the page or site's functionalities, then
you agree that the translation is provided for your convenience only
and that the English language versions of the Terms will govern your
relationship with LOKLIK. If there is any contradiction between the
English language version and its translation in a different
language, then the English language version shall take precedence.
Use of this site
This site is owned and operated by LOKLIK.
All Media, audio and video material and related informational
materials in any medium provided by LOKLIK hereunder, including
related text,captions, or information (collectively referred to as
Media) are owned by LOKLIK and by our Media providers
(Contributors), members of our community. All Media is protected by
US and international copyright laws, which shall be used only as
permitted . LOKLIK reserves the right to revoke your authorization
to view, download and use the Media and information available on
this site at any time, and you agree to immediately discontinue your
such use upon written notice from LOKLIK. All rights not
specifically granted under this Agreement are reserved to LOKLIK.
Additionally, we do not allow the use of automated software or other
crawling techniques for searching our web site and/or retrieve Media
or related information. LOKLIK may immediately revoke all licenses
granted to you without notice if you fail to comply with any
provision of this agreement. If a license is revoked, you agree to
immediately stop using this site and the Media, delete all Media and
all copies from all media and destroy all other copies. Your use of
this site and any Media shall comply with all applicable law. LOKLIK
may restrict or remove your access to this site at any time, or
restrict or remove the use of any Media for any reason, and may
replace the Media with another Media, and you agree to immediately
discontinue all use of the Media upon notification from LOKLIK.
Despite our best efforts to provide accurate information, this site
may contain technical or other mistakes, inaccuracies or
typographical errors. Additionally, this site and any Media may
include historically and culturally important Media and text that
may contain subjects that reflect the social attitudes and
circumstances of a particular time or location. You should be aware
that your search may display results containing content that may
seem inappropriate to its context, or text that could be potentially
offensive. You are solely responsible for determining whether your
use of any Media requires the consent of any third party or the
license of any additional rights, and you should not rely solely on
the information provided by LOKLIK or its members. If you are unsure
whether additional third-party rights are needed for your use, you
are responsible for consulting with competent rights management
professionals or legal counselors. LOKLIK makes reasonable efforts
to comply with and solve all issues regarding potential copyrights
and trademarks available on the US and international market. While
the responsibility for the Media uploaded is entirely on the
Contributor's side, he/she being the one who holds all copyrights
over the content submitted, we do our best to identify and solve any
copyright or trademark infringements. If you have found a file that
represents such an infringement please notify us, in order that we
may take the appropriate measures.
Children
Children (persons under the age of 18) are not eligible to use this
site unsupervised and we ask that children do not register for an
account or submit any personal information to us. By using this site
unsupervised, and/or registering for an account, you warrant that
you are 18 years of age or older.
Acknowledgements, Representations, and Warranties
By using the Website or any other of Our services, You thereby
affirmatively acknowledge, represent, and warrant the truth and
accuracy of each of the following statements:
LOKLIK provides access to an online service comprising information
and materials created and posted by You and other users.
Media on the Website that is available for license is stored on
LOKLIK's servers at the direction of LOKLIK 's users.
Any modification of Media uploaded by LOKLIK 's users, such as the
addition of a LOKLIK watermark, is performed by an automated
process. Accordingly, as the Contributor is aware that such
modifications shall take place automatically upon upload, the
Contributor shall be deemed the party responsible for such automatic
modification and shall be considered the “author” of such
automatically modified Media. LOKLIK is not responsible for
modifications that occur to Media as part of its automatic posting
process.
Any review of uploaded Media that may be performed by LOKLIK before
making such Media available to the public is cursory and only
intended to identify immediately obvious violations of these Terms.
Accordingly, and despite any such gate keeping, the Contributor
uploading an Media shall be deemed the party at whose direction that
Media resides on LOKLIK 's servers.
LOKLIK has never directed, and never will direct, its users to
upload Media that infringe upon any right belonging to a third
party. Uploading Media that infringe on third-party rights
constitutes a direct and material violation of these express Terms
and will subject the uploading Contributor's account to suspension
and/or termination, where appropriate.
LOKLIK correctly presumes that the Contributor uploading an Media is
the sole holder of all exclusive rights to that Media, except where
the Media alone bears some obvious indication to the contrary, such
as a visible proprietary marking identifying a Person other than the
Contributor as the exclusive rights holder.
Where an Media has no obvious proprietary marking that indicates an
exclusive owner, LOKLIK cannot be deemed to have actual knowledge
that the Media infringes upon any third party's rights.
In collecting license fees on behalf of Contributors, and retaining
a portion of those license fees, LOKLIK does not derive a direct
financial benefit from any particular Media. LOKLIK's only direct
financial benefit comes from operating its Website, which allows
Contributors to market their Media to potential license purchasers.
Contributors are the only parties receiving a direct financial
benefit from their creation and uploading of Media for licensing by
LOKLIK's users.
LOKLIK has no right or ability to control the activities of
Contributors who create and upload Media to the Website. In the
event that a Contributor infringes upon a third party's rights by
creating or uploading an Media, that Contributor is the sole
responsible party for such infringement, and LOKLIK has no control
over such activity.
Apart from identifying an obvious proprietary marking in an Media
that indicates an exclusive owner, LOKLIK has no other ability to
determine whether the rights appurtenant to a particular Media may
belong to a party other than the uploading Contributor. As its only
other means of identifying Media that may infringe upon a third
party's rights, LOKLIK relies entirely on properly presented
notifications from third parties claiming that their rights have
been violated.
Where you are established within the European Union, you qualify as
a taxable person for VAT purposes and you will provide LOKLIK with
any documentary evidence to this effect upon request (VAT number).
In the event that such documentary evidence is not provided, you
accept that LOKLIK will add the applicable VAT of your EU country to
the price of services. You must not use the Services or Software
without, or in violation of, a written license or agreement with
LOKLIK ; You must not copy, modify, host, stream, sublicense, or
resell the Services or Software without, or in violation of, a
written license or agreement with.
Registering for an account
Registering For A LOKLIK Account
To obtain access to our Media as well as upload any Media, you have
to apply for a LOKLIK account and you agree to provide complete,
true and accurate information.LOKLIK Reserves sole discretion over
whether to grant you an account, and you agree to access the
authorized LOKLIK sections of the web site and your account only by
using the account login and password supplied to you by LOKLIK. By
creating an account or otherwise using our website, you demonstrate
your acceptance of these terms and of our Privacy Policy, which is
incorporated herein by this reference. You are responsible for
maintaining the confidentiality of your account number and/or
password, if applicable, and you shall not distribute this access
information or allow others to use this access information to gain
access to this site. You agree to take reasonable steps to prevent
others from obtaining your access information and to notify LOKLIK
of any unauthorized access or need to update or remove access for
any of your employees or agents. You shall be liable for payment for
all Media downloaded by others using your account, with or without
your permission or knowledge prior to the time that you notify
LOKLIK of any unauthorized use. You agree that you shall not acquire
any rights of use, ownership, or bailment as a result of using any
LOKLIK account or web site or related services. At anytime, you may
request your account access to be restricted, but LOKLIK reserves
the right to delay your request until all requirements of this
Agreement are met. Only accounts without any activity related to the
site's services or products, can be permanently deleted. Accounts
with activity will be blocked and archived on our servers for
further reference. Access to these accounts is limited and provided
only to a part of the LOKLIK admin staff, for legal purposes. After
acquiring a credits package or subscription, you can download Media
using various licenses available on our site. These licenses are
awarded to the account owner (person or organization). This is a
one-person license and can be used only by the account owner or his
employee, for the company's own projects or clients and cannot be
transmitted to another party. None of our Media may be resold or
redistributed by any means, or made available for redistribution or
resale by a third party without LOKLIK's separate written consent.
If required, you may purchase Media on behalf of a third party, such
as your client, organization, employer, etc. Please indicate on the
My Downloads page the full name of any third party on whose behalf
you have purchased a particular piece of Media by clicking the
''Client name' link in the row for that piece of Media, which will
automatically extend the purchased license for that Media to the
indicated third party. For the avoidance of doubt, each individual
Media license may only be extended to one third party. Should you
desire to use a piece of Media for more than one third party, you
must purchase a separate license for each third party and assign
each license to the designated third party as described above. By
designating a third party for any Media license that youpurchase,
you thereby affirmatively represent and warrant that
1. such third party has agreed to be bound by this Agreement;
2. you are fully responsible for any claims that may arise from such
third party's use of the Media. If you require any further
information about Media licensing on behalf of third parties, please
do not hesitate to contact us.
Royalty-Free conce
Royalty-Free License - Concept Info
What Royalty-Free means is that you pay for the Media only once and
then you can use it as many times as you like, with just a few
restrictions. In other words, there are no license fees except the
initial fee and no other royalties to be paid except those included
in the initial cost. You are allowed to use the image for an
unlimited number of copies, printed and/or electronic. This license
is granted in perpetuity and it is worldwide valid. The Royalty-Free
license is granted ONLY for the Media you buy using the Download
button; all the other versions (small watermarked and
non-watermarked thumbnails which are visible on the public site) are
entirely copyrighted.
Royalty-Free license for using our Media
Royalty- Free License of use of Non-Watermarked Media and
Restrictions.
The high-resolution Media that you download under the regular
Royalty Free (RF) license may be used to make art prints, to
illustrate and visually enhance website pages and headers, magazine
pages and articles, newspapers, books, ebooks and booklets,
book/ebook covers, blog articles, newsletters, documentaries and
motion pictures, application software (apps), social media posts,
audio and video productions such as commercials, tv shows, radio
shows, live performances, podcasts and any other advertising and
promotional material, in either printed or electronic media, as long
as the item in which the Media appears does not contradict any of
the restrictions below. The list is not exhaustive and if you have
any uncertainty regarding the use of the Media in a correct way
please email support using the contact form.
Extended licenses for using our Media
The following licenses offer extended types of usage for our regular
Royalty Free or Editorial licenses. Note that not all media is
available for this type of license. You may use the image according
to the following licenses only if the image was available under the
appropriate license AND you downloaded it using the appropriate
download button. You can view the license for each media work you
downloaded in your Management area / My Downloads.
Unlimited seats (U-EL):
This license extends our regular Royalty Free / Editorial license to
an unlimited number of seats within the same organization. It is an
additional license to the usage included within the regular
Royalty-Free / Editorial license that awards rights for a single
person within the same company. The U-EL license is applied only for
the staff of the organization that holds the account. The number of
copies allowed is unlimited for each designer/employee.
Web Usage (W-EL):
Electronic Items for Resale/Distribution: this license includes the
right to use the media in webtemplates that are sold to more
customers, screensavers, e-cards, powerpoint presentations or as
wallpapers on cell phones. Maximum number of electronic items is
unlimited (applies as a total of each type of usage). This is an
additional license to the rights included within the regular
Royalty-Free license. Note that the other restrictions still apply.
Print Usage (P-EL):
Physical Items for Resale/Distribution: includes the right to use
the photos or stills comprising media for t-shirts, postcards,
greeting cards, mugs, mousepads, posters, calendars, framed artwork
that is to be sold to other customers for an unlimited number of
copies (applies as a total of each type of usage). This is an
additional license to the rights included within the regular
Royalty-Free license. Note that the other restrictions still apply.
Sell the Rights (SR-EL):
This license represents a full ownership of the downloaded media.
The buyer can use it exclusively (exclusivity applies from the
moment that the le was downloaded using this license; buyer must
take into account potential past downloads made for media and choose
it accordingly or investigate further via support), and include it
in any type of design with just a few restrictions: sensitive
subjects may still apply and the buyer may not claim that the file
was created by him nor resell it as his work. The agency will
disable the media immediately after the buyer acquired this license.
The Contributor is required to disable the file permanently from all
other places where he may sell it, as soon as possible after the
sale occurred, but no longer than 72 hours. This license grants the
buyer exclusivity so the Contributor needs to keep in mind that
exclusive media is represented by concepts, models, wardrobe, and
subject matter which provide a unique creative message and small
variations in the image (variations in camera angle, model posture
or gesture, for example) do not enable other files as being
different. All such variations rendering the media very similar in
concept and message to the one sold under SR-EL should be removed
from sale as well. The photographer acknowledge and agrees to
provide the buyer with full ownership for the file retrieved using
the SR-EL license.
Time Limited Exclusivity (SR-EL1, SR-EL3):
This license represents an exclusive right to use the downloaded
media, but such exclusivity will only last for a limited period of
time. The buyer can use the media exclusively (exclusivity applies
from the moment that the file was downloaded using this license)
during the time period selected, and include it in any type of
design with just a few restrictions: sensitive subjects may still
apply and the buyer may not claim that the le was created by him nor
resell it as his work [photo/media].
LOKLIK will disable the image immediately after the buyer acquired
this license. The Contributor will be required to disable the file
permanently from all other places where he or she may sell it, as
soon as possible after the sale occured, but no longer than 72
hours. The Contributor acknowledges and agrees to provide the buyer
with the exclusive right to use the file retrieved using the SR-EL1
or SR-EL3 licenses, for the duration of the selected exclusivity
period.
The length of time for the exclusivity period depends on which
license is selected. SR-EL1 will grant an exclusive right to use the
media for one year. Similarly, SR-EL3 will grant an exclusive right
to use the image for three years. The print run for both licenses is
unlimited and continues after the exclusivity expired. At the end of
the exclusivity period, the buyer's license will continue as before,
with all of the same rights, except for the right of exclusivity,
and the image will again be added to the available library of media
on https://www.loklikworkshop.com/ and again be made available to
all users for purchase. After the end of the exclusivity period, the
Contributor will also be free to offer the media for download from
other places where the Contributor sells his or her media.
If a Model Release is available on file, it will remain within our
database, a proof about its existence can be forwarded to the buyer,
however, the MR info will still not be disclosed in respect of the
Contributors' and models' privacy.These are additional licenses to
the rights included within the regular Royalty-Free license.
For any other details regarding usage or these licenses, you are
strongly advised to contact LOKLIK.
Universal Extended License
In the event that you have made use of any Media that required an
extended license without first purchasing the appropriate license,
you may obtain permission for your unlicensed prior use by
purchasing a Universal Royalty Free (RF-Universal) or Universal
Extended License (EL-Universal).
Web templates, greeting cards, postcards, ringtones especially
designed for sale, similar print-on-demand services, canvas,
t-shirts, mugs, calendars, postcards, mouse pads or any other items
incorporating the Media in an essential manner, intended to be sold
are considered redistribution (if the Media is used in an essential
manner). The use of LOKLIK.com Media for these purposes under the
regular Royalty Free license is not permitted. It is also forbidden
to make the Media available on a website for download (as wallpapers
for example), although you may use the Media in a concept in as many
websites as you want, for any number of clients. For Web use, you
must not use the Media at a width exceeding 1080 pixels unless it is
included in your site's design. If the Media is part of a design and
manipulated accordingly, the Media width can be higher than 1080
pixels.
If you use the Media for printed materials, the number of copies is
unlimited. You may modify the Media in any way required for
reproduction, or include them in your own personal creations.
Buying the high-resolution Media (purchasing the license) does not
transfer the copyright. You may not claim that the Media is your own
and you may not sell, license for use, or in any way distribute the
Media for reuse. We recommend that you credit the agency and the
Contributor when you use an Media. By this you benefit the community
at https://www.loklikworkshop.com/, of which you are an integral
part, and help increase your success as part of the community,
which, by growing contributions, gains quantity and quality.
Unauthorized use
Without limitation, Media may not be used as a trademark or service
mark (unless the appropriate extended license is being used), for
any pornographic or unlawful purpose, to defame a person, to violate
a person's right to privacy or publicity, to infringe upon any
copyright, trade name, trademark, or service mark of any
person/entity. Unauthorized use of these Media constitutes copyright
infringement and shall entitle LOKLIK to exercise all rights and
remedies under applicable copyright law, including an injunction
preventing further use and monetary damages against all users and
beneciaries of the use of such Media. The foregoing is not a
limiting statement of LOKLIK's rights or remedies in connection with
any unauthorized use.
Sensitive subjects
Any license granted by LOKLIK shall not constitute a representation
that a Media is compatible for use with any other material. You are
solely responsible for the use of any Media in combination with any
other material, and you agree not to use Media with sensitive topics
without LOKLIK's separate written agreement. Such sensitive topics
include, but are not limited to: models with mental or physical
health issues, social issues, sexual activity, sexual orientation or
related, substance abuse, crime or other subjects that can be
considered to be offensive to any of the models included in the
image.
You must contact LOKLIK for additional information prior to any use
of an Media with any sensitive topic.
Each Contributor that contributes to our site and community is
entirely responsible for the materials he/she uploads. By uploading
files you agree to hold all copyrights for the image and to have
previously obtained a model release from each person included in
your picture. This includes children, deceased persons, natives of
another language; cases in which a parent, a guardian or another
authorized person should read, agree and sign the model release.
LOKLIK will not be held responsible for any of the materials you
upload to the site.
Model and property releases/clearances
With respect to Media for which you have purchased a license through
LOKLIK, the rights that LOKLIK grant to you do not include a license
to any person, place, property, or subject matter depicted in a
Media, which may be subject to copyrights, trademarks, rights of
publicity, moral rights, property rights or other rights belonging
to third parties. LOKLIK makes no representations or warranties that
it owns or licenses any rights nor does LOKLIK grant you any rights
including copyright, trademarks, or rights of publicity belonging to
any person, place, property, or subject matter depicted in any
Media. Furthermore, LOKLIK makes no representation or warranty as to
the accuracy of any information provided with the Media. You are
solely responsible for determining whether your use of any Media
requires the consent of any third party or the license of any
additional rights, and you should not rely solely on the information
provided by LOKLIK. If you are unsure whether additional rights are
needed for your use, you are responsible for obtaining competent
legal counsel.
With respect to Media you upload as a Contributor, where such Media
depicts one or more individuals, a model release document must be
uploaded confirming that the individuals included in your Media have
signed a written release. By uploading this document, you certify
that the information contained therein is complete and accurate.
With respect to any personal data included on any release document
you provide, you acknowledge and agree that you are the data
controller or processor, and LOKLIK is the data processor or
sub-processor, as applicable, and accordingly LOKLIK agrees that it
shall process all personal data in accordance with its Privacy
Policy. If you are a data processor, you warrant to LOKLIK that your
instructions and actions with respect to personal data, including
your appointment of LOKLIK as another processor, have been
authorized by the relevant controller. LOKLIK will promptly notify
you of any breach of security leading to the accidental or unlawful
destruction, loss, alteration, unauthorized disclosure of, or access
to, personal data included on any release document you provide.
LOKLIK prefers that its contributing users provide copies of release
documents that include physical signatures for the individuals
consenting to the capture and reproduction of the contributed Media.
Recognizing that many of LOKLIK 's contributing users desire to
submit location and model releases that have been e-signed, rather
than printing documents for physical signature by a releasing
individual, LOKLIK has determined to accept, under certain
circumstances, e-signed release documents from certain qualifying
contributors. Acceptance by LOKLIK of an e-signed release from a
particular user shall not constitute a guarantee that future
e-signed releases will be accepted from such user. LOKLIK reserves
the right to refuse e-signed releases, whether for a particular
Media or from a particular user, for any reason.
1. any submitted e-signed release was prepared in compliance with
all requirements of the United States' lectronic Signatures in
Global and National Commerce Act (E-Sign Act);
2. such e-signed releases have been reviewed and accepted by each
individual whose rights the e-signed releases purport to release;
3. multiple e-signed releases have been submitted and shall be
submitted for Media portraying the same individual, which Media were
captured on different calendar days; however, only one single MR
document/age group should be uploaded in the model release library ;
and
4. you have not submitted and shall not submit any e-signed release
that is fraudulent or otherwise unenforceable. If LOKLIK authorizes
you to submit e-signed releases, you agree to maintain copies of
each e-signed release submitted to LOKLIK for as long as the
associated Media is available for download from LOKLIK and for a
period of three (3) years following the Media's removal from LOKLIK.
You further agree to provide LOKLIK with additional copies of any
e-signed release upon request.
If Media is designated as model-released, it means the contributing
member posting such Media has represented to LOKLIK that the
depicted individual(s) has/have signed a release permitting
reproduction of the Media, subject to the restrictions contained in
this Agreement, including, without limitation, sensitive subject
uses. You expressly acknowledge and agree that LOKLIK is not
responsible for instances where a contributing member has
misrepresented that he or she has obtained a signed model release
for all individuals depicted in a particular Media. If LOKLIK
incorrectly indicates that a Media is model-released when it is
not,LOKLIK's liability shall be limited to the amount you paid
LOKLIK for the use of the Media. If a Media depicts an individual
and you use such Media in a manner that implies the use or
endorsement of a product or service by depicted individual, you must
indicate wherever the Media is publicly visible that the individual
depicted is a model and used only for illustrative purposes. Under
no circumstances may you use an Media depicting one or more
individuals in a context suggesting that such individual(s) are
endorsing a subject that might be seen as sensitive (as described
above). Any license obtained through LOKLIK is conditioned upon your
obtaining all necessary third-party rights, releases and
permissions.
You agree to provide LOKLIK with proof of such releases and
permissions upon request.
Refund policy
You may ask for a refund of your purchase within 30 days from the
purchase date. Please note that refunds will only be permitted if
the plan you purchased (whether credits or subscription) has not
been used to download any Media. Note: Refunds will not be given for
the first subscription fee charged after a promo deal subscription
if any Media has been downloaterials in any medium provided by
LOKLIK hereunder, including related textded during the promo deal
period. Also, if you elect to be billed in installments, your yearly
subscription plan cannot be stopped and refunded once your rst
renewal payment comes into effect.
we will refund the credits used to purchase that piece of Media,
provided that LOKLIK determines you have been unable to download the
Media successfully. If several credits are deducted from your
account, due to multiple unsuccessful attempts of retrieving the
file, you should email support for a refund of the extra credits.
Downloads will not be refunded if more than 7 days from the download
date have passed.
Copyright
The Contributor acknowledges that LOKLIK prohibits any Media or any
other material that infringes on any patent, trademark, copyright,
right to privacy, right to publicity, or any other applicable law or
proprietary right to be uploaded to its web site located at
https://www.loklikworkshop.com/.
By uploading his/her Media, the Contributor is warranting that
he/she owns all proprietary rights, including copyright, in and to
the Media.
The Contributor acknowledges that he/she will provide accurate
information at submission date and during the time interval that the
file is hosted on LOKLIK 's servers. LOKLIK reserves the right to
verify the information and to take the appropriate measures in case
of spam or inaccurate info.
The Contributor hereby grants LOKLIK a non-exclusive license to post
the Media on its website and to deliver it to its audience, a liates
or other representatives, through different media channels, and
further grants LOKLIK and its representatives the right to
sublicense the Media to their customers in accordance with the terms
of the Royalty-Free License Agreement, a copy of which the
Contributor acknowledges reviewing and agreeing to.
The Parties agree that all rights, including title and copyright, in
and to the uploaded Media, shall be retained by the Contributor,
unless otherwise mentioned by the license agreement. The Contributor
acknowledges that no monetary or financial compensation is owing or
required to be paid to the Contributor by LOKLIK or any of its
directors, officers, employees partners, agents or members for the
rights granted herein by the Contributor. While LOKLIK acknowledges
that its policy is to provide the Contributor with certain payments
whenever a Media uploaded by the Contributor is downloaded, the
parties agree that LOKLIK may amend such policy from time to time,
as reasonable business objectives may require.
Currently, each Contributor may request to be paid for his/her
balance and LOKLIK is obligated to pay via check or similar means,
once the balance has reached $50 and the Contributor has submitted a
payment request via website.
LOKLIK is entitled to carefully analyze all details and logs of the
Contributor and his/her downloads/sales on the website. If any
suspicion exists, LOKLIK has the right to delay the payment request
until all details are cleared or to refuse the payment.
The Contributor agrees that neither LOKLIK nor any of its directors,
officers, employees, partners or agents shall be liable for any
damages, whether direct, indirect, consequential or incidental,
arising out of the use of, or the inability to use, the Media. The
Contributor further acknowledges that he/she is responsible for any
challenges made by any third party regarding copyrights in the
Media.
Notification of copyright infringement
LOKLIK may terminate the accounts of users who infringe the
intellectual property rights of others. If you believe that your
work has been used or copied in a way that constitutes copyright
infringement and such infringement is occurring on LOKLIK's site,
send LOKLIK a notice containing:
a physical or electronic signature of the copyright owner or person
authorized to act on behalf of the copyright owner;
a description of the copyrighted work or works that you claim have
been infringed and identification of what material in such work(s)
is claimed to be infringing;
a description of where the material that you claim is infringing is
located on the LOKLIK site;
information sufficient to permit LOKLIK to contact you, such as your
physical address, telephone number, and email address;
a statement that you have a good faith belief that the use of the
material you identified is not authorized by the copyright owner,
its agent, or the law; and
a statement by you that the information in your notice is accurate
and, under penalty of perjury, that you are the copyright owner or
authorized to act on the copyright owner's behalf. LOKLIK has
designated and registered with the United States Copyright Office
the following agent for receipt of notices of alleged copyright
infringement appearing on the LOKLIK site: privacy@loklik.com.
Assignment terms - Sell the rights option
In addition to the above terms the Contributor should submit a valid
EXCLUSIVE Model Release form (agreed and signed by the model) if the
image contains any recognizable people faces.
Sell the rights option - Photographer's Media Copyright Release Form
For valuable consideration: I hereby authorize LOKLIK to publish,
distribute, and sell all photographs that I submit to them in their
web site assignments at LOKLIK. I understand that by submitting
Media to LOKLIK, I authorize LOKLIK to duplicate, print, distribute
or resell any and all submitted Media, for sale to the public or for
commercial applications. I also understand that any image that
includes a recognizable person or property requires written consent
from that person or owner prior to submission and I should attach a
signed Model Release document or a Property Release document
specifically signed for LOKLIK. I am aware and fully understand that
LOKLIK will not be held liable for any copyright infringements on
any photographs submitted by myself. By submitting my photographs to
LOKLIK for publication in their website galleries for sale, I
relinquish LOKLIK my rights to sell and/or use anywhere besides
LOKLIK the Media that has been submitted.
I understand that the buyers of any licenses sold by LOKLIK for my
Media, will remain anonymous to me. In this event, I agree not to
make any contact with the buyers of my Media, unless they are in
obvious undisputable breach of the licensing terms of the license
issued by LOKLIK. In the event I take any action against the buyers
for being in breach of the licensing agreement, I agree to notify
LOKLIK in writing of my intentions and I agree to indemnify and hold
harmless LOKLIK, its owners or directors, staff and associates of
any and all such actions.
I acknowledge that in exchange for this copyright release, LOKLIK is
obligated to award a fee for each image submitted and accepted by
LOKLIK and that the agency will set the fee for each assignment. I
understand that LOKLIK is entitled to refuse any of my Media in
which case I retain all copyrights, without any further obligations.
I acknowledge LOKLIK has the right to remove from the LOKLIK website
any photograph at any time. LOKLIK is not required to alert the
Contributor as to the reasons for the removal unless the Contributor
specifically requests a reason.
In addition to the terms stated above, I confirm to LOKLIK that: The
photos submitted are my own personal property.
I will honor completely all licenses sold by LOKLIK, within the
terms of those licenses. I agree to abide by all the terms and
conditions as stated within this document and in regard to
copyrights and or my release of copyrights that are included in this
form.
No Waiver / Severability
No action of LOKLIK, other than an express written Waiver or
Amendment, may be construed as a waiver or amendment of this Site
Usage Agreement. Should any clause of this Agreement be found
unenforceable, wherever possible this will not affect any other
clause and each will remain in full force and effect.
Trademarks
LOKLIK Trademarks
The trademarks, services and logos used and displayed in
https://www.loklikworkshop.com/ are registered and unregistered
trademarks of LOKLIK its subsidiaries and affiliates. LOKLIK
trademarks may only be used publicly with the permission of LOKLIK
with proper acknowledgement. Except as expressly granted LOKLIK does
not grant any express or implied rights under any patents,
copyrights, trademarks or trade secret information.
Disclaimers
LOKLIK PROVIDES YOU WITH ITS SITE AND MEDIA ON AN AS IS BASIS. WE
OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE
SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES
UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE.EXCEPT FOR ANY LIABILITY WHICH CANNOT BY
LAW BE EXCLUDED OR LIMITED, NEITHER LOKLIK NOR ANY AFFILIATES OR
MEMBERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING
THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE
IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL
THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR
OTHERWISE.
IN NO EVENT SHALL LOKLIK's OR ITS AFFILIATES' LIABILITY FOR YOUR USE
OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT
INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE.
Indemnication
Subject to a maximum amount of $5 per Media licensed under standard
Royalty Free and $2 per media licensed under Extended licenses and
all other conditions set forth below, LOKLIK agrees to indemnify,
defend, and hold you harmless against any third-party claim that the
licensed Media, when used in accordance with these Terms, infringes
upon such third party's rights or intellectual property. In order to
be eligible for the indemnity described in the preceding sentence,
you must:
1. notify LOKLIK within 5 days after you become aware of any claim
for which you seek indemnification;
2. give LOKLIK sole and exclusive control over the defense of such
claim; and
3. fully cooperate with LOKLIK in defending such claim including,
without limitation, by promptly responding truthfully to any
requests for information that LOKLIK may reasonably make.
To the extent that you determine to participate in the defense of
any claim, such participation shall be done through counsel that you
may select and retain, but at your sole expense, and your
participation shall not impact LOKLIK's sole and exclusive control
over such defense. All decisions made by relating to any indemnity
claim shall be final.
You agree to indemnify, defend, and hold harmless LOKLIK against all
claims, liability, damages, costs and expenses, including reasonable
legal fees and expenses, arising out of or related to a breach of
this Agreement, the use of this site, your failure to abide by any
restriction regarding the use of an Media, or any claim by a third
party related to the use of a Media, alone or in combination with
any other material.
As a Contributor, for each piece of Media that you contribute, you
agree to indemnify, defend, and hold harmless LOKLIK against all
claims, liabilities, damages, costs and expenses, including
reasonable legal fees and expenses, arising out of or related to any
claim that such Media infringes upon any third party's rights or
intellectual property.
Arbitration
All Disputes (including any dispute relating to the arbitrability of
this Agreement or any provision of this Agreement or any other
dispute relating to arbitration) must be submitted to Guangzhou
Arbitration Commission before and in accordance with the arbitration
rules for arbitration which shall be conducted in accordance with
the commission's arbitration rules in effect at the time of applying
for arbitration. The arbitral award is final and binding upon both
parties. The term 'Dispute' means any controversy or claim arising
out of or relating to the website, the services offered through the
website, or this Agreement, or any breach thereof, including any
claim that this Agreement, or any part of this Agreement is invalid,
illegal or otherwise voidable or void.
The provisions of this Arbitration Section must be construed as
independent of any other covenant or provision of this Agreement;
provided that if a court of competent jurisdiction or arbitrator
determines that any such provisions are unlawful in any way, such
court or arbitrator is to modify or interpret such provisions to the
minimum extent necessary to have them comply with the law.
Judgment upon an arbitration award may be entered in any court
having competent jurisdiction and will be binding, final and
non-appealable. You and LOKLIK hereby waive to the fullest extent
permitted by law, any right to or claim for any punitive or
exemplary damages against the other and agree that in the event of a
dispute between them, each shall be limited to the recovery of any
actual damages sustained by it.
This arbitration provision is self-executing and will remain in full
force and effect after the expiration or termination of this
Agreement. In the event either party fails to appear at any properly
noticed arbitration proceeding, an award may be entered against such
party by default or otherwise notwithstanding said failure to
appear.
Arbitration will take place in LOKLIK exclusively.
You and LOKLIK hereby agree that no action (whether for arbitration,
damages, injunctive, equitable or other relief, including
rescission) will be maintained by any party to enforce any liability
or obligation of the other party, whether arising from this
Agreement or otherwise, or any other Dispute, unless brought before
the expiration of the earlier of one year from the occurrence of the
facts giving rise to such claims or within 90 days from either the
actual discovery of the facts giving rise to such claims or from the
date on which the party should have, in the exercise of reasonable
diligence, discovered such facts.
The obligation to arbitrate is not binding upon LOKLIK with respect
to claims relating to its trademarks, service marks, patents,
copyrights, or other intellectual-property rights, or requests for
temporary restraining orders, preliminary injunctions or other
procedures in a court of competent jurisdiction to obtain interim
relief when deemed necessary by such court to preserve the status
quo or prevent irreparable injury pending resolution by arbitration
of the actual dispute between the parties.
The prevailing party will be entitled to receive from the
non-prevailing party its costs relating to the arbitration
proceeding including but not limited to, the arbitrator's fees,
attorneys' fees and costs, witness fees, transcription fees, etc.
and sales and use taxes thereon, if any.
You and the Site each acknowledges and agrees that it is the intent
of the parties that arbitration and litigation between the parties
will be of the parties' individual claims, and that none of their
respective claims may be arbitrated or litigated on a class-wide
basis.
We will collect from the contributor for any sales via LOKLIK website.
We may modify the Pricing and Payment Details from time to time,
including but not limited to updating the categories of Works,
updating pricing and payment terms, and directing you to new Pricing
and Payment Details for pricing and payment information. You should
look at the Pricing and Payment Details regularly. By continuing to
submit or upload Works or by not removing Works, you are agreeing to
any new Pricing and Payment Details as revised from time to time.
There are links on the https://www.loklikworkshop.com/ site that allow
You to visit the sites of third parties. Neither these sites nor the
companies to whom they belong are controlled by LOKLIK. LOKLIK makes
no representations concerning the information provided or made
available on such sites nor the quality or acceptability of the
products or services offered by any persons or entities referenced in
any such sites.
You can also use your username and password to login to the following
websites without the need to register a new
account:https://www.htvront.com/, https://www.loklik.com/,
https://shop.loklik.com/, https://ideastudio.loklik.com/, and other
websites / services that may be available in the future (hereinafter
collectively referred to as the “Websites”) .
When you log in to different websites with the same account, It is
deemed that you agree to the terms and privacy policy of the website.
In order to provide better services, we may share your registration
information and account information in
https://www.htvront.com/
,
https://loklik.com
,
https://shop.loklik.com/
,
https:/ideastudio.loklik.com/
.
For information about how we collect, use, share, or otherwise process
information about you and your use of our apps and websites, please
see our Privacy Policy.