Lokofoto terms of use

1. Your Acceptance

Lokofoto and its subsidiaries and affiliates (collectively "Lokofoto.com") provides service to you subject to the following Terms of Use, which may be updated by us from time to time without notice to you. These Terms of Use constitute a binding agreement between Lokofoto.com and you governing your use of the Website. By using and/or visiting the www.Lokofoto.com Website or any other Websites owned by Lokofoto.com (collectively the "Website"), you signify your assent to both these Terms of Use and the Lokofoto.com Privacy Policy, which is specifically incorporated into the Lokofoto.com Terms of Use. You are authorized only to use the Website if you agree to abide by all applicable laws and to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, please do not use the Website.

2. Website Access

Lokofoto.com hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Lokofoto.coms prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

In order to access some features of the Website, you will have to create an account. You are not allowed to use another users account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your Account Profile page. In addition, you agree to immediately notify Lokofoto.com of any unauthorized use of your password or account or any other breach of security. Lokofoto.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.

By registering with Lokofoto.com, you represent that you are of legal age to form a binding contract and are not a person barred by any laws from using the Lokofoto.com Website. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If Lokofoto.com suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your account may be subject to suspension or termination, and you may be barred from using the Lokofoto.com Website. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Website in a manner that sends more request messages to the Lokofoto.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Lokofoto.com grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Lokofoto.com reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.

You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.

3. The Lokofoto.com Website

These Terms of Use apply to all users of the Website, including users who contribute information, ideas, and other materials or services on the Website. The Website may contain links to third party websites that are not owned or controlled by Lokofoto.com. Lokofoto.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. By using the Website, you specifically release Lokofoto.com from any and all liability arising from your use of any third-party website.

4. Intellectual Property Rights

The content on the Website, except all User Submissions (as defined below), including without limitation, the text, graphics, and photos created by and for Lokofoto.com, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Lokofoto.com, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Lokofoto.com or as expressly provided herein.

Lokofoto.com reserves all rights not expressly granted in and to the Website and the Content contained therein. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (as defined below) of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

5. User Submissions

The interactive nature of postings on Lokofoto.com makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by Lokofoto.com users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by users (all of which are referred to as "User Submissions") are not endorsed by Lokofoto.com, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.

You shall be solely responsible for your own User Submission and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Lokofoto.com, you hereby grant Lokofoto.com a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and Lokofoto.coms (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.

If you choose to post User Submissions on Lokofoto.com Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of Lokofoto.com reflects your respect for the legal rights of users connected with Lokofoto.com. You understand that Lokofoto.com does not guarantee any confidentiality with respect to any User Submission. Lokofoto.com expressly disclaims any and all liability in connection with User Submissions. Lokofoto.com reserves the right to remove Content and User Submissions in its sole discretion and without prior notice. Lokofoto.com also reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice.

6. Rules of Conduct

The following rules of conduct apply to your use of the Website and to any and all materials you post on Lokofoto.com, including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material (collectively User Submissions) whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of Lokofoto.com.

You may not, in connection with the Website:
- Upload, post, email or otherwise transmit any User Submission that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
- infringes or violates any patent, copyright, trademark, trade secret or other property right;
- breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
- constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts, or hate speech;
- violates or encourages others to violate any applicable law, statute, ordinance or regulation;
- promotes software or services that deliver unsolicited e-mail; or
- contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines. You may not, except with Lokofoto.com's express advance authorization or in a specially designated area, use the Website to:
-Upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address; or
- engage in commercial activities within Lokofoto.com;
- harm minors in any way;
- solicit personal information from anyone under 18;
- provide false or deceptive information;
- use Lokofoto.com content to engage in commercial activities;
- delete, add or otherwise change other people's entries or other Content when you have not been granted the privileges to do so; or
- allow usage by others in such a way as to violate Lokofoto.com's Terms of Use.

7. Copyright Infringement

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Lokofoto.com's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Lokofoto.com reserves the right to amend these Terms of Use at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Website. It is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

18. Violations of These Terms of Use

Please report any violations of the Terms of Use, including objectionable User Submissions or behavior, to info@lokofoto.com. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Lokofoto.com in its sole discretion may investigate the matter and take such action as Lokofoto.com determines to be appropriate.

Sellers Terms and Conditions

Listing Works on the Site

As a Member, you may submit listings for Photography that you have created and that you desire to sell through the Site and Services. You may not submit listings for Photography that were created by another Photographer. In order for your listings to be accepted, you must provide Lokofoto with all the information requested on the applicable page of our Site and you must comply with any other Lokofoto requirements as identified on such page. Without limiting the generality of the foregoing, if you submit listings for sale you may be required to verify your identity by separately providing Lokofoto with a copy of a government-issued ID or similar documentation. Your listings must be accurate and complete and comply with Lokofotos then-current listings content guidelines. Lokofoto reserves the right to edit any listings to ensure that they comply with these guidelines. You acknowledge that your listings may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords and price.

You acknowledge that Lokofoto reserves the right to promote and market Photography through the use of sales and/or discounts. The sale or discount amount will apply to the listing price of Photography and/or Printed Works. You always retain the right to remove a listing for an Original Work of Photography from the Site - please see below for instructions

If you want to remove a listing for a Photograph from the Site you must go to your account, click on the image you want to delete and then click on Delete and follow the steps set forth on that page.

Responsibility for Works

You acknowledge and agree that you are solely responsible for all Photography that you make available through the Site and Services. Accordingly, you represent and warrant that: (i)as to Photography that you make available through the Site and Services, you are the creator of all such Photography and you are the sole and exclusive owner of all such OPhotography and (ii)the Photography that you make available through the Site and Services or Lokofotos use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third parties Photography patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Online Sales

If you submit photography to the Entries section, you hereby appoint Lokofoto as an independent non-exclusive reseller with the right to resell such Photography through the Site and Services and on third Photographyy websites (collectively 'Online Sales') and you hereby grant Lokofoto a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Photography Sales via Online Sales channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Original Work of Photography in any form, medium or technology now known or later developed for the purpose of promoting Lokofoto, the Site and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Photographer Revenue Share (defined below), which is payable only upon the sale of a Photographic print via the Online Sales channel.Lokofoto may appoint one or more third party subcontractors, who may exercise the license rights above for the purpose of enabling Lokofoto to process and fulfill orders for Printed Works.

As between you and Lokofoto, Lokofoto will be deemed the seller of any Photography Prints that are purchased via Online Sales channels. If a photographic print is sold via a third party website, the terms and conditions of the third party website will apply to the purchase in question by the applicable purchaser via the third party website. However, as between you and Lokofoto, these Terms will apply to the sale of such Photography.

Lokofoto and/or its third party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Site and Services.For Purchases made via third party websites and for offline sales, the applicable third party website or Lokofoto's Offline Sales partner will be responsible for collecting billing and shipping information, as applicable, from the purchaser and for processing payments, and will remit applicable payments relating to such sales as agreed upon between Lokofoto and the third party website or Lokofoto's Offline Sales partner, as applicable, to Lokofoto and share related shipping information, including the contact details of the purchaser where necessary, with Lokofoto.

For sales of Photographic prints via the Online Sales channels, Lokofoto will credit your Account in an amount to be determined in accordance with Lokofoto's then-current standard pricing and commission terms, which may be found at www.lokofoto.com/photographersinfo (the 'Photographer Revenue Share'); for sales of Photography via the Site and Services, subject to Lokofoto's receipt of confirmation of delivery to the purchaser, Lokofoto will credit your Account with the corresponding Photographer Revenue Share following the expiration of the return period and for sales of Original Works of Photography via third party websites, Lokofoto will credit your Account with the corresponding Photographer Revenue Share within a commercially reasonable time after it has received payment from the third party website and the Work of Photography has been confirmed to have been successfully delivered to the purchaser, as determined by Lokofoto, in its sole discretion.

Commission on Sales

Currently as of Sept 30th 2011. The commission paid to photographers is at a rate of 60% per transaction of net profit. Net Profit constitutes the profits after printing and production costs.

Updates to Terms of Use

Terms of Use updated August 17, 2011.