USER LICENCE LEKSTOCK > BUYER
Article 1. What am I buying for my money?
In this article we define what exactly your purchase entails.
Lekstock explicitly underlines there is no transfer of ownership following payment or settlement on the Lekstock website. After all, all illustrations and the intellectual property rights protecting them, are owned by the original author or illustrator.
By purchasing a particular illustration, you acquire a non-exclusive, non-permanent (limited to 365 days and 500,000 reproductions after purchase), worldwide, non-transferable user licence to use the work or illustration for private, educational or business purposes, and this depending on the chosen licence type (commercial or editorial).
You must save the illustration or the work as a local copy on your electronic system (computer, tablet, smartphone,…). If you do not, you may lose the work as the user licence is limited in time (365 days after purchase). This is clearly notified to you at all times. Demands for compensation or refunds because you did not download the illustration on time are not admissible.
Article 2. What am I allowed to do with the illustration or work?
In this article we define what exactly you can do with the purchased image.
These illustrations may be used for both editorial and commercial purposes. Permitted (non-restrictive list): advertisements, publicity, promotion. However, for these reasons no logos, recognisable and/or famous people, locations, products may be shown. In the event of violations, Lekstock may change the licence type or remove the illustration.
Illustrations may only be used for editorial use, i.e. only for the press, news, blogs, newspapers, magazines, specialised magazines in a non-commercial context. Logos, recognisable and/or famous people, locations, buildings, products can be shown. These often occur in cartoons, caricatures, in response to current affairs.
The image or illustration, depending on the chosen licence type can therefore be used freely privately, for educational purposes, public use, advertising campaigns, news items and company objectives.
Article 3. What may I not do?
In this article we define the limitations of the user licence.
As aforementioned, Lekstock does not own the displayed pictures or illustrations. It has an extensive licence to sell the images via its website. Full ownership stays with the original author.
Explicitly excluded from the user licence you obtained:
- Downloading the illustration on several computers, tablets or smartphones (belonging to several people), except for one backup copy.
- Sharing the work with unauthorised third parties (more specifically third parties who are unable to prove they have a user licence vis-à-vis Lekstock) in any form (digital, offline, partial, full).
- Publishing the work on forums, warez websites, news sites, social media websites (e.g. Facebook, Twitter, Google Plus, Pinterest, etc.),
- Use of the work in so-called templates, to sell via websites.
- Use of the work for political purposes.
- Use of the illustration for the production of physical objects, such as t-shirts, heads, posters, greeting cards, playing cards, etc., without the prior, explicit and written consent of the illustrator and Lekstock.
- Removing the watermarks or copyright specification, by the author or by Lekstock.
- Use or application of the work in logos, for registration with the BBIE, OHIM or WIPO (trademark).
- Use or application of the work in violation of public order, public decency or applicable regulations and laws.
The illustrator and/or Lekstock can oppose a particular use of the illustration at all times. This opposition needs to be substantiated by reasons at all times.
Article 4. How are payments made?
In this article we define the payment options.
Payment of the illustrations is via PayPal, as payment provider. More details regarding the payment have been integrated in the “GENERAL CONDITIONS LEKSTOCK”, available on the Lekstock website and downloadable in PDF format.
Lekstock appointed PayPal as payment provider, and does not take any responsibility in terms of payments.
Article 4. How long does the user licence last?
In this article we define how long the user licence lasts.
As aforementioned, the user licence is limited in time. The licence expires 365 days after purchase. You must save a local copy of your illustration.
Article 5. Intellectual property
This article discusses the intellectual property rights.
The copyrights and all other intellectual property rights relating to the illustrations belong solely to the original author or illustrator. Nothing in this agreement implies a whole or partial transfer of this right. You acknowledge these rights and shall refrain from any (in)direct violation of these rights.
The illustrator indemnifies you against any action founded on the allegation that the illustrations violate a copyright or other intellectual property right applicable in Belgium, and shall pay any arising costs and awarded damages. Lekstock is not the author of the works, and therefore is not liable for any infringements. Lekstock shall notify the author when a complaint of a third party is sent to its registered office.
Lekstock acquires a licence to resell the offered illustrations. This is required, as otherwise Lekstock would not be able to award you a user licence.
The Copyright Act specifies that the original author is always the natural person who created the work. The illustrators are therefore, personally, the ‘original author’. Article 3, §1 covers the (full or partial) transfer or licensing of copyrights. The law requires that for this transfer/licence the author, scope and term of the transfer are explicitly laid down.
Author: the original author or the work or illustration to be produced is the illustrator. Lekstock becomes, by taking a licence, the main licence holder of the work, with permission to sublicense (the user licence you own).
Scope: the main licence covers the entire work, but there is no transfer of ownership (neither wholly, nor partially). All proprietary rights and moral rights therefore remain with the illustrator.
Term: the main licence has a flexible term, i.e. the term of publication on the Lekstock website. The sublicence, awarded to you, has a restricted term of 365 days after purchase.
The illustrator guarantees Lekstock that the illustrations do not violate the intellectual property rights of third parties, and that the illustrator is fully authorised to grant the rights (and transfer) referred to in this article.
The illustrator indemnifies Lekstock against any damage, which is the result of an (alleged) violation of these rights of third parties. This implies that any liability regarding infringing actions, are the illustrator's responsibility, in so far he produced the material.
The author's moral rights can never be transferred (in accordance with the Copyright Act). The illustrator therefore always has the right to add his signature to the illustration. This is known as the ‘paternity right’. The author can also oppose any serious mutilations of the work (the second moral right or ‘integrity right’).
Article 6. Liability
Lekstock aspires to give its platform as much ‘uptime’ as possible, i.e. the online availability of content and illustrations. However, this is not an obligation to guarantee a certain result. Lekstock also aspires to ensuring the transactions are problem-free, but largely depends on its payment provider, PayPal for this. Again, any liability for incorrect, wrong, or double payments is excluded.
The illustrations are signed and created by the authors themselves, not Lekstock. The illustrator is at all times liable for this.
Article 7. Entire agreement
Entire agreement clause and general provisions.
The rights and obligations of the parties have been laid down exclusively in this agreement; any previous agreements are non-binding, with the exception of the following documents: “GENERAL CONDITIONS LEKSTOCK”, “PRIVACY STATEMENT LEKSTOCK”, “DISCLAIMER LEKSTOCK” and “COOKIE STATEMENT LEKSTOCK”. This agreement can only be amended by a written document signed by both parties.
Article 9. Governing law, disputes
This agreement is governed by Belgian law. In case of problems between the parties, first and foremost an amicable solution shall be sought.
If this is not possible, the dispute can be submitted to a centre for arbitration and mediation (such as CEPINA) or a competent court. In the latter case, the territorial jurisdiction is at Lekstock's registered office.