Terms & Conditions

Site usage

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 Crystalika.com domain (hereinafter referred to as Website) 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.

Use of this site

This site is owned and operated by Crystalika. All Media, audio and video material and related informational materials in any medium provided by Crystalika hereunder, including related text, captions, or information (collectively referred to as Media) are owned by Crystalika and by our Media providers (Contributors), members of our community. Crystalika also disposes with all the necessary rights and licenses related to Media.

This site contains both Media that depicts a visible watermark (Watermarked Media) and Media that does not contain a visible watermark (Non-Watermarked Media). Crystalika allows you to search for, view, and use Watermarked Media only as permitted below. If you have registered for an account with Crystalika and Crystalika has approved your registration, you may purchase Non-Watermarked Media that may only be used as permitted below. Crystalika 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 Crystalika. All rights not specifically granted under this Agreement are reserved to Crystalika. Additionally, we do not allow the use of automated software or other crawling techniques for searching our website and/or retrieving Media or related information.

Crystalika 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. Crystalika 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 Crystalika.

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 Crystalika 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. You can also notify Crystalika that certain Media do not follow its Terms by reporting the Media.

Crystalika makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the 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 or other relevant rights 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 (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.

Acknowledgments, Representations, and Warranties

By using the Website, You thereby affirmatively acknowledge, represent, and warrant the truth and accuracy of each of the following statements:

a. Crystalika provides access to an online service comprising information and materials created and posted by the Contributor and other users.

b. Media on the Website that is available for license is stored on Crystalika`s servers at the direction of Crystalika`s users.

c. Any modification of Media uploaded by Crystalika`s users, such as the addition of a Crystalika 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. Crystalika is not responsible for modifications that occur to Media as part of its automatic posting process.

d. Any review of uploaded Media that may be performed by Crystalika 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 a Media shall be deemed the party at whose direction that Media resides on Crystalika`s servers.

e. Crystalika 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 Terms for contributors and will subject the uploading Contributor`s account to suspension and/or termination, where appropriate.

f. Crystalika correctly presumes that the Contributor uploading a 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.

g. Where a Media has no obvious proprietary marking that indicates an exclusive owner, Crystalika cannot be deemed to have actual knowledge that the Media infringes upon any third party`s rights.

h. Crystalika 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 a Media, that Contributor is the sole responsible party for such infringement, and Crystalika has no control over such activity.

i. Apart from identifying an obvious proprietary marking in a Media that indicates an exclusive owner, Crystalika 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, Crystalika relies entirely on properly presented notifications from third parties claiming that their rights have been violated.

Use of Watermarked Media - Using Media for comping

Media includes without limitation all digital images, audio, audiovisual, video works and any related textual information (including captions and credits). Media includes visibly or electronically watermarked and reduced resolution Media (Non-Watermarked or Watermarked Media) or higher resolution non-watermarked Media (Non-Watermarked Media).

Conditional upon your compliance with this Agreement, Crystalika grants you a limited license to download Watermarked Media solely for evaluating/comping whether you wish to purchase a license to the Non-Watermarked Media. You may not use a Watermarked Media in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Media. Except for this limited, internal testing and sample use, Crystalika grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Media.

Registering For A Crystalika Account

To obtain access to our Media as well as upload any Media, you have to apply for a Crystalika account and you agree to provide complete, true and accurate information. Crystalika reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the web site and your account only by using the account login and password supplied to you by Crystalika. 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 Crystalika 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 Crystalika of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any Crystalika account or website or related services.

At anytime, you may request your account access to be deleted, but Crystalika 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 Crystalika admin staff, for legal purposes.

After purchase, you can download Media using 2 types of 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. If the Media is to be used for more projects, you must purchase a separate license for each of these projects. If the Media is to be used by more employees you can contact us at hello@crystalika.com for customized company solutions.

None of our Media may be resold or redistributed by any means, or made available for redistribution or resale by a third party without Crystalika`s separate written consent.

Royalty-Free License - Concept Info

What Royalty-Free means is that you pay for the Media only once and then you can use it in perpetuity and worldwide, 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. The number of copies you are allowed to use (printed and/or electronic) depends on the license you purchase (see details below).

The Royalty-Free license is granted ONLY for the non-watermarked 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.
Based on the purchased license, you may modify the Media, 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.

Available Licenses

Standard license 1$

With a Standard license, you may:
Reproduce up to 500,000 copies of the asset in all media, including product packaging, printed marketing materials, digital documents, or software.

Include the asset in email marketing, mobile advertising, or a broadcast or digital program if the expected number of viewers is fewer than 500,000.

Post the asset to a website or social media site with no limitation on views.
Include the asset in some types of products, such as inside a textbook, as long as the primary value of the product is not the asset itself, and the product is not reproduced more than 500,000 times.

Share the unmodified asset with your employees and contractors who have contractually agreed to abide by the license terms.

Transfer the license to your client or employer.

With a Standard license, you may not:
Distribute the stand-alone file.

Create merchandise, templates, or other products for resale or distribution where the primary value of the product is associated with the asset itself. For example, you can't use the asset to create a poster, t-shirt, or coffee mug that someone would buy specifically because of the asset printed on it.

Transfer the license to more than one employer or client, unless separately licensed for each.

Extended license 20$

With an Extended license, you may:
Use the asset with all the rights granted in the Standard license.

Reproduce the asset beyond the 500,000 copy/viewer restriction.

Create merchandise or products for resale or distribution where the main value of the product is associated with the asset itself, such as a coffee mug or t-shirt.

With an Extended license, you may not:
Distribute the stand-alone file.

Unauthorized use

Without limitation, Media may not be used as a trademark or service mark, 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 Crystalika to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Media. The foregoing is not a limiting statement of Crystalika`s rights or remedies in connection with any unauthorized use.

Credit Line Requirements

All media used within editorial context or related must be accompanied by a visible credit line. You are required to include a copyright notice and author/agency credit next to each image used within editorial purposes.

Sensitive subjects

Any license granted by Crystalika 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 Crystalika`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 or unflattering to any of the models included in the image.

Reporting inappropriate content

There is a report button for each Work so you can report inappropriate content. Crystalika would greatly appreciate it if you would bring such content to our attention.

Model and property releases/clearances

With respect to Media for which you have purchased a license through Crystalika, the rights that Crystalika 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. Crystalika makes no representations or warranties that it owns or licenses any rights nor does Crystalika 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, Crystalika makes no representation or warranty as to the accuracy of any information provided with the Media.

No Refund policy

Given the nature of digital content, a refund or credit on a purchase is not granted.

Crystalika Trademarks

The trademarks, services and logos used and displayed in Crystalika.com are registered and unregistered trademarks of Crystalika.com. Crystalika.com trademarks may only be used publicly with the permission of Crystalika with proper acknowledgement. Except as expressly granted Crystalika does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.

Disclaimers

CRYSTALIKA 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 CRYSTALIKA 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 CRYSTALIKA`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.

Legal provisions

As we are based and taxed in the Czech Republic, the laws of the Czech Republic apply to all our contractual relationships with contributors and buyers.
Similarly, in the event of disputes arising from legal relations with contributors and buyers, the Czech courts will have jurisdiction.

Essential Information

These terms and conditions apply to all content, i.e. images, templates, 3D assets, audio files, videos, and other pictorial, auditorial or graphic works (collectively and including all associated keywords, descriptions, credits, and captions), that you submit to us or upload to Crystalika. All this content is further referred to as “Work”. These terms and conditions are further referred to as “Terms.” If you submit Work on behalf of the applicable copyright owner(s), you represent and warrant that you have the authority to, and will, ensure that such copyright owner(s) comply with the Terms where necessary. If you submit Work on behalf of an entity, then the Terms apply to that entity and its affiliates. In such case, you represent and warrant that you have the authority to bind the entity to the Terms.

1. Licenses for Crystalika

You grant us a non-exclusive, worldwide, perpetual, fully-paid, and royalty-free license to use, reproduce, publicly display, publicly perform, distribute, index, translate, and modify the Work for the purposes of operating the website; presenting, distributing, marketing, promoting, and licensing the Work to users; developing new features and services; archiving the Work; and protecting the Work. We may use the Work for the purposes of marketing and promoting your Work, the website, our business, and our other products and services, in which case you grant us a non-exclusive, worldwide, fully-paid, and royalty-free license to use, reproduce, publicly display, distribute, modify, publicly perform, and translate the Work as needed. You also grant us the right, but not the obligation, to use your display name, trademarks, and trade names in connection with our marketing and promotional activities and our license to the Work under the Terms.

2. Licenses for users

You grant us a license to further sublicense our right to use, reproduce, publicly display, distribute, modify, publicly perform, and translate the Work on a non-exclusive, worldwide, and perpetual basis in any media or embodiment. We may sublicense Works pursuant to a written or electronic agreement between us and a user (“User Agreement”). The license to users may include the right to modify and create derivative works based upon the Work, including but not limited to the right to sell or distribute for sale the Work or any reproductions thereof if incorporated or together with or onto any item of merchandise or other work of authorship, in any media or format now or hereafter known, provided that such users’ use of the modified Work is limited solely to the same uses permitted with respect to the original Work. For clarity, we may allow users and other authorized third parties (such as, without limitation, marketing consultants or service providers) to post or share the Work onto social media sites or other third-party websites, subject to any restrictions imposed by a User Agreement.

3. Intellectual Property Rights

3.1 IP Rights
You represent and warrant that you own all rights, title, and interest in and to the Work, including all copyrights, trademarks, patents, rights of privacy, rights of publicity, moral rights, and other proprietary rights (collectively, “IP Rights”), or have all necessary rights and license to grant us the licenses under the Terms. You further represent and warrant that the Work will not infringe the IP Rights of others, contain misleading or false information, or contain any illegal or defamatory content. You will not upload any Work that infringes or violates the IP Rights of any person or entity or that constitutes any libel, slander, or other defamation upon any person or entity. You must also comply with applicable law.

You warrant that, if the Work has been created by an AI generator, it is in full compliance with and treated in accordance with the rules of that generator.

3.2 Releases
If the Work contains an image or likeness of an identifiable person, trademark or logo, or certain distinctive property that is protected by IP Rights, you represent and warrant that (A) you have obtained all necessary and valid releases or agreements substantially similar to our standard model and property releases for each person or property depicted in the Work; and (B) you will promptly provide copies of such releases or agreements to us upon our request.

4. Ownership and use of the Work

Neither title nor any ownership interest in or to the Work is transferred to us as a result of the Terms. Except for the licenses granted by you pursuant to the Terms, we do not claim any ownership rights to the Work. Both we and our users who use the Work have the right, but not the obligation, to identify you as the creator or source of the Work in a customary manner. You understand and agree that, in commercial uses of the Work, (A) creators are not customarily credited in such uses; (B) users will not be obligated to credit creators; and (C) Work may be modified and used in connection with any subject matter (except pornographic or illegal). You therefore waive any right to object to these common business practices; however, User Agreements do not permit use of Works for pornographic or illegal purposes. In addition, metadata may be altered, removed, or added, without any liability to us, our distributors, or users. We are not liable for non-compliance with the terms of a User Agreement or for misuse by any third party. You grant us the right to enforce your IP Rights against infringers, but we have no obligation to do so. If you believe your Work has been misused, you agree to notify us and take no action without our prior written consent.

5. Payment

5.1 Pricing and Payment system
We will pay you as described in the Payment system (collectively, “Payment System”) for any sales of licenses to Work, less any cancellations, returns, and refunds. We may modify the Payment System from time to time, including but not limited to updating the categories of Works, updating pricing and payment terms, and directing you to new Payment System for pricing and payment information. You should look at the Payment System regularly. By continuing to submit or upload Works or by not removing Works, you are agreeing to any new Payment System as revised from time to time. We may use third-party payment processors such as PayPal to facilitate the payment to you. If we or our partners offer a promotion, trial, test, or watermarked version of your Work, we are not subject to the payment obligations in this section.

5.2 Taxes
You are solely responsible for paying any taxes, fees, or duties that may be imposed by your country's laws or regulations. We do not collect or remit any taxes on your behalf. It is up to you to determine how to pay any taxes that may be due. We recommend that you consult with a tax professional or relevant government agency in your country to determine your tax obligations. By using our website, you acknowledge and agree that you are solely responsible for complying with all applicable tax laws and regulations.

6. Delivering, Submitting, and Managing the Work

6.1 Delivering and Submitting the Work
You will deliver the Work in the format(s) and via the delivery method(s) we request. Additionally, you will submit the Work for our review in accordance with the Guidelines available on our website or provided by us to you. We may modify the guidelines from time to time. You should look at the guidelines regularly. We may accept or reject the Work you upload to the website or otherwise submit to us, at our sole discretion.

6.2 Managing the Work
You may remove any work from the Website at any time. We may remove Works or terminate your account in our sole discretion without notice.

7. Indemnification Obligations

Without limiting your obligations in the Terms, you will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, licensees, and licensors (including users) from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to Works or other content that you submit to us, your use of the website, or your violation of the Terms. We have the right to control the defense of any claim, action, or matter subject to indemnification by you with counsel of our own choosing. You will fully cooperate with us in the defense of any such claim, action, or matter. Any amount that is or may be owed to you under section 5 (Payment) above may be offset and reduced by any amount owed by you pursuant to your indemnity obligations hereunder, without demand or notice to you.

8. Termination and Survival

8.1 Termination
We may terminate these Terms, remove any Work, or suspend your account, without prior notice. We will have no payment obligation to you if we terminate these Terms for cause. By way of example, you may not download Crystalika content for the primary purpose of artificially inflating the number of downloads of content by a given contributor or for the primary purpose of artificially triggering payments. You may terminate these Terms at any time with at least 90 days' prior written notice to us via email to feedback@crystalika.com. We will use reasonable efforts to have any Work that you have removed from the Website removed from the websites of any of our affiliates (including co-branded websites) within 60 days after removal of the Work from our website. Before the termination of these Terms or removal of the Work from the websites of any of our affiliates, our users may continue to obtain new licenses to the Work.

8.2 Effect of Termination; Survival
After termination of these Terms, we may continue to use the Work solely for internal archival and reference purposes or as stated in this section 8.2 (Effect of Termination; Survival). Sections 3 (Intellectual Property Rights), 4 (Ownership and Use of the Work), 5.1 (Pricing and Payment System) (if Crystalika has any payment obligations), 5.2 (Taxes), 7 (Indemnification Obligations), 8 (Termination and Survival), and 9.1 (Relationship) will survive the termination of these Terms. Any licenses to a Work granted to our users or to us prior to the removal of that Work from the Website or the date of termination of these Additional Terms will survive. Additionally, users whose User Agreements allow them to license and possess a Work as a comp version (e.g., a preview sample) may further convert that license to a usage license. We will provide payment as stated in section 5 (Payment) for any license fee that we receive as related to the Work after termination of these Terms.

9. Miscellaneous

9.1 Relationship
The relationship between you and us under these Terms is that of independent contractors. For clarification purposes, we are not joint venturers, partners, principal and agent, or employer and employee. Nothing in these Additional Terms is intended to, nor will, confer upon any third person or entity any rights, benefits, or remedies of any nature whatsoever.

9.2 Disclaimer
We expressly disclaim any liability for information, feedback, materials, or answers to questions provided by us or our representatives, all of which are provided as a courtesy only and do not amend the Terms or constitute legal advice. Without limitation, we make no representation or warranty that you or any other party may or will achieve any level of payments or revenue under or arising out of these Terms.

9.3 Communications
You acknowledge that Crystalika may contact you via e-mail or other means in order to communicate with you regarding Crystalika’s content needs and effective ways for us to work together.