Terms of Use
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:
1.LOKLIK provides access to an online service comprising information and materials created and posted by You and other users.
2.Media on the Website that is available for license is stored on LOKLIK's servers at the direction of LOKLIK 's users.
3.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.
4.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.
5.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.
6.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.
7.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.
8.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.
9.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.
10.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.
11.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 you purchase, you thereby affirmatively represent and warrant that.
12.such third party has agreed to be bound by this Agreement;
13.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 concept
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.
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.
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.
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.
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).
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.
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