Terms of Service

TOS: January, 2018
a ) The Short and Sweet Edition

  1. By accessing and using this site you agree to all the terms stated and to be bound by these terms without exception. 
  2. The terms of use for any site we many link to may be different than those of Wannapik 
  3. If you download free images from our site, we have only one request:  “Please, wherever and whenever possible, respect our request for attribution on free images that you download from Wannapik.”  If you don't want to provide attribution, please select our AFFORDABLE Wannapik monthly or annual subscription options (instead of giving credit, you purchase a subscription).  Easy!  You're happy, and we're happy!  Everybody's happy! 
  4. Non-registered users are limited to 5 free downloads per day. Registered users have a free download limit of 30 files. Premium users with monthly or annual subscriptions may download up to 100 downloads per day. 
  5. We reserve the right to terminate your account at any time (for violations of our terms) 
  6. Please don't copy anything from our website, unless we have granted you permission to do so
  7. Please, don't try and resell our images, or pass them off as your own.  They took us years and years (literally) to create and they mean everything to us. 
  8. We may change certain aspects of the site or service at any time so we recommend that you review the terms on a regular basis. The date at the beginning of these Terms refers to the latest update of these Terms, which will be applicable from the date of publication. 
  9. You can't sue us and also make us pay your legal costs, or sue us if your computer crashes while you are browsing our site.  If you do sue us, you'll have to do it in Ontario, Canada, eh! 
  10. Stuff happens.  We promise to always try and make the site perfect, but you know...stuff happens.  When it does, we promise we won't rest until it's back working the way you've come to expect it to. 

b ) The Long-Winded Full Legal Edition
Please read these Terms of Use ("Terms") carefully before using the Wannapik.com website ("Site", "Website", or "Services"). The Site, including all subdomains is operated by iKoolr Inc., a Canadian Corporation registered in the province of Ontario. 

These Terms govern the access, browsing and use of the Site by its users (“User” or “Users”, or "You" as applicable); the download and use of certain content ("Content") owned by Wannapik or third parties; as well as the services rendered through the Site (“Service” or “Services”, as applicable).  "Content" means all content available for license hereunder, including vectors, photographs, illustrations, animations and the like.  

By accessing this Site, you accept the Terms and agree to be bound by them. Wannapik.com reserves the right to change or modify these Terms at any time, at its own discretion and without any notice to you; however, all such changes will be posted to this Site.  Accessing and using the Site implies that the User has read and accepts to be bound by these Terms without exception.  If you do not agree to these Terms, do not access this Site.  


The Purpose of This Site
The Wannapik.com site provides users with the ability to search and download visual content, including scalable vectors, raster photos, PSDs, illustrations, and animations.  In addition to content owned by Wannapik ("Wannapik Content") search results may include third party sponsored content ("Sponsored Content") as well as Wannapik Collaborators Content ("Collaborators Content") that may be subject to specific conditions that must be accepted by the user prior to the provision of the relevant service.  In respect to the collection and processing of personal data, the Privacy Policy will apply. 

What if I don't want to include the “Designed by Wannapik” attribution?
The authorization to use the Wannapik Content shall be free provided that any use of the Wannapik Content by the User is credited to the relevant Website as stated by iKoolr Inc. from time to time. If you prefer to download and use an image without attribution, Wannapik also offers affordable license options through which you can acquire all of the same rights of use as stated under the Free License with Attribution, but without the requirement to provide attribution to Wannapik. Wannapik monthly or annual Premium Subscription Plans provide excellent value as an affordable option for users selecting to download and use Wannapik content without the requirement to provide author attribution. Premium Subscription Plans also provide users with access to an ever-expanding archive of premium Collaborators Content.


The Use of This Site 
The User is only authorized to use this site and it's services in accordance with the Terms and agrees not to use the services provided in an unlawful, negligent, or fraudulent manner.  The users also will not interfere, disrupt, overwhelm, attack, modify, or impede the functioning of the site or the services. The user is prohibited from using robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Website or the Services in anyway which is contrary to the ordinary use of the Website or which infringes Wannapik's interests. Likewise, it is prohibited to obtain or attempt to obtain the contents of the Website using any method or system not expressly authorized by Wannapik or which is not the ordinary method of accessing the site. The rights granted to the User under these Terms are personal and shall not be assigned to any third party (including affiliates) totally or partially, by any means, without the prior, express written consent from Wannapik. 

The user accepts that while providing the services, Wannapik may publish advertising either related to the searched contents or not. 


Registration 
Certain services require the user to register by creating a username and password and activating an account.  The user agrees to provide the mandatory information required for registration including a valid email address in order to activate the account.  The user is solely responsible for updating all account information.  You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without the written approval of Wannapik .  Wannapik reserves the right to suspend or cancel the user's account for breach or violation of any of the Terms of Use described herein. 

The Content

The Wannapik Service allows users to: 
    i) Search for image content that may include Third Party Content 
    ii) Download the selected Wannapik image content 

If you have any question or concern regarding content, Wannapik or Third Party Content, or believe that it infringes any right, or is inappropriate in any way, you may do so by contacting Wannapik as indicated below or by following the instructions provided on the site for initiating a copyright complaint. 

Wannapik Content is offered under the conditions stated from time to time in the site, including without limitation, the restrictions to the daily downloads of Wannapik content. 


Third Party Sponsored and Collaborator Content 
With respect to Sponsored Content, Wannapik is limited to completing the search requested by the user that includes this content, and to provide a link to the relevant website offering this content.  To facilitate an uninterrupted user experience, The Sponsored Content link may be presented within a Wannapik frame, which can be removed by the user (copied) at any time.  Wannapik does not present itself as the provider of any Sponsored Content nor does the provision of a link from a search result imply any relationship between Wannapik and the Sponsored Content.  Sponsored Content is the sole responsibility of the third parties that make them available to the public over the Internet.  Access and downloading of Sponsored Content is subject to the terms and conditions of the Third Party.  Wannapik shall not be involved in any way in the relationship between the user and the corresponding third party. Collaborators Content is available for download with the purchase of a monthly or annual Premium Subscription Plan.

Responsibility

The user acknowledges and agrees to use the site and its services at the user's own risk.  The user will be held responsible for any damages to Wannapik from the user's use of the site which is in breach or violation of these terms and agrees to indemnify Wannapik and its directors, employees, agents and representatives from any liability resulting from the user's beach of these terms. 

Wannapik does not warrant the continued availability site and its services, nor its reliability, quality, completeness, accuracy or fit for a specific purpose or activity. 
Without limitation, Wannapik shall not be liable for any damages that may result from: 
    i) Interruptions, viruses, technical problems, interferences, omissions, 
    ii) Delays or unavailability of the Website and the Services due to deficiencies or 
    traffic overload on the Internet, in the communication network or the 

    iii) Third party actions. 
    iv) Unavailability of the site and or the services due to maintenance or 
    v) Any other event beyond Wannapik’s direct control.

Intellectual Property
All content and materials (including the organization and presentation of such material) on this site (the "Content" and “Materials”) are the property of Wannapik and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, trade-names, internet domain names, and other similar rights.  Except as expressly authorized in the Wannapik license agreement, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, reuse or any other use of the site, the services, the Wannapik Content, the Collaborators Content or any of its parts, is strictly forbidden. 

The Third Party Sponsored Content and Collaborators Content is protected by intellectual property rights, as appropriate, and belongs to its owners. The services can locate and provide access to Third Party Sponsored Contents, but its download and use is subject to the conditions set by the relevant third party. Wannapik is not the owner and cannot grant any license or authorization in relation to any Third Party Sponsored Content. 

It is the user's responsibility to obtain the legal authorizations required to use any Third Party Sponsored Content.  If the third party holder of a Third Party Sponsored Content does not want to be included in Wannapik search results, the third party can contact Wannapik directly. 

Non-Exclusive End User License Agreement 
Wannapik authorizes the User to download and use the Wannapik Content and Collaborators Content under the terms of this license. Wannapik and its licensors reserve all rights over their respective content not expressly granted in this license to the user. 

Wannapik hereby grants you a non-transferable, limited, non-exclusive, worldwide license for the duration of the relevant rights; to download, use and modify the content, in a device the you own or control and only for the purposes and uses allowed within these Terms. 

You may use the licensed content, or any derivative work provided that it:
 
i) does not involve collective use,  
ii) is not used in a manner that suggests an association or endorsement by Wannapik,  
iii) is not used or included in a database or archive in such a way that could prevent or limit future visits or downloads from the site  
iv) is not resold, assigned, transferred or sublicensed,  
v) does not use the licensed content in printed or electronic items (e.g. t-shirts, cups, postcards, birthday or greeting cards, invitations, calendars, web models or electronic devices, apps, videogames, advertising spots, audiovisual animations) aimed to be resold, in which the licensed content is the main element (because of size, relevance or any other cause, in case of doubt about whether the content is main element, it shall be deemed that the content is main element). 
vi) does not use the licensed content (totally or partially) in any trademark, logo or part of the same, or which may be used by any other mean to guarantee or to imply a guaranty of any product and/or service, unless the licensed content used in such cases is modified in such a way as to be a new and different content not confusingly similar with the original licensed content or implies a use of the licensed content as a template or test, and not as a final item or material. 
vii) is not used in connection with pornography, defamatory or any other illicit or immoral contents.


Free License with Attribution
This non-exclusive license is free providing any use of the Wannapik Content is attributed/credited to Wannapik.  For any other use of Wannapik Content without providing attribution/credit to Wannapik, you must select a monthly or annual Premium Subscription Plan.  A Free License with Attribution, or the purchase of a monthly or annual Premium Subscription Plan does not provide you with authorization to distribute, resell, or rent any of the Wannapik content you select and download.

Wannapik retains the right to automatically terminate without notice any license for breach or violation of these terms.  
In the case of termination, you agree to destroy any and every copy of the Wannapik content.

Premium Plan Extended License (Without the Attribution Requirement) 
The monthly or annual Wannapik Premium Subscription Plans provide an affordable means through which you can acquire all of the same rights of use as stated under the Free License with Attribution, but without the requirement to provide attribution to Wannapik (including, without limitation, restrictions to the number of daily downloads allowed).  Wannapik monthly or annual subscription plans provide an affordable option and excellent value for users selecting to download and use Wannapik content without attribution. Wannapik content licensed through a monthly or annual Premium Subscription Plan can be used in as many projects as you want, and for as long as you want.  


Subscription Plan Conditions 
The terms in this Section (the “Subscription Terms”) govern any purchase of any Subscription in the Websites. When concluding the purchase procedure for any Subscription, it shall be deemed that the User has read and accepted, without exception, the Subscription Terms.  


The Subscriptions available are offered in the relevant Website where the relevant information, price and conditions are included (including, without limitation, restrictions to the number of downloads each day). iKoolr Inc. may modify at any time the Subscriptions offered, offering with new Services (to which, unless otherwise stated, these Subscription Terms shall apply) or ceasing to offer any of the Services. The Subscriptions are personal, shall not be assigned to third parties and no third parties other than the User shall be allowed to use the Website's Content (including as third parties, for these purposes, affiliates or entities part of the same group of companies). 

The price for the Subscription is stated in $US Dollars in the relevant Website and includes, if applicable, the relevant Value Added Tax. iKoolr Inc. is entitled to modify the price for any Subscription at any time. iKoolr Inc. shall apply the price stated in the relevant Website at the time of the submission of the order of the Subscription by the User. 

The User shall pay the Subscription in advance through Paypal or credit/debit card, as stated in the relevant Website. To purchase and pay the Subscription, the User shall follow the instructions stated in the relevant Website. The processing of the payment information and data through Paypal or credit/debit card is made within third parties sites. When ordering any Subscription, the User authorizes iKoolr Inc. to collect the corresponding price through the chosen payment method. The Subscription shall not be activated until iKoolr Inc. has received the payment or the payment has been authorized by the relevant financing entity. After that, the Subscription shall be in force for the term purchased by the User. 

Unless otherwise stated in these Subscription Terms, the Subscriptions shall be automatically and successively renewed at the expiration of its term, unless the User cancels the renewal of the Subscription before its expiration. iKoolr Inc. shall charge the corresponding price by the same initial payment method. iKoolr Inc. may modify the price for the renewal of the Subscription, provided that the User is informed with, at least, one-month prior notice. 

Once the User purchases the Subscription, the screen shall confirm the purchase. After the purchase of the Subscription, the User may benefit from using the downloaded content without crediting the relevant Website. 

Web Site and Materials Provided "As Is" 
THIS WEB SITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WANNAPIK DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.


Limitation of Liability 
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN. 

IN NO EVENT SHALL WANNAPIK OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. 

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEB SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS. 

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


Indemnification 
You agree to indemnify and hold Wannapik harmless against all claims or liability asserted against Wannapik arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.


Governing law
You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the Province of Ontario, Canada applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of this Agreement must be brought in a provincial court in the province of Ontario. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts. 
You may contact Wannapik directly for any inquiry at the following website address: 
www.Wannapik.com/contact