The website available at http://www.freepik.com and http://www.freepik.es, including all sub domains, or sections (“Website”) is operated by Graphic Resources, S.L. (“FreePik”), registered in the Commercial Registry of Málaga, volume 4994, sheet 217, page number MA-113059, with Tax Number B-93183366 and registered office at 13 Molina Larios St., 5th floor, 29015, Málaga, Spain.
Accessing and using the Website implies that the User has read and accepts to be bound by these Terms without exception. In case the User does not accept the Terms or have any objection to any part of the present Terms the User must not use the Website.
FreePik may modify the Terms at any time and thus we recommended that the Terms are reviewed on a regular basis by the User. 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.
Some Services provided through the Website may be subject to specific conditions or instructions that must be accepted by the User prior to the provision of the relevant Service. These specific conditions may be imposed by FreePik or by third parties. Such specific conditions shall apply in addition to the Terms and in case of conflict shall supersede the Terms. Accordingly the User must read and accept such specific conditions before the provision of the relevant Service.
Additionally, the Website may allow the User to upload contents to store, publish and offer them to other users through the Website or the Services. In that case, the User that uploads the content to the Website shall be deemed as collaborator (“Collaborator”).
1. PURPOSE OF WEBSITE
Through the Website, the User can search visual content, like vectors and illustrations, photos and images, psds and Photoshop files, vector icons, video contents and recordings (including the corresponding audio) in any format (“Content”), as well as specific information related to such content.
The Services may search and locate, as a result of the search performed by the User, third party Content offered for free over the Internet (“Third Party Content“). However, the Service may also provide, in the result of that search, Contents owned by FreePik (“FreePik Content”); Contents owned by third parties offered through the Website and the Service (“Collaborators Content”); as well as third-party Content not offered free of charge (“Sponsored Content“). Sponsored Content is duly differentiated and identified on the search results. FreePik Content and Collaborators Content shall be hereinafter referred to collectively as the “FreePik Selection” and can be downloaded through the Website.
2. AUTHORISED USE OF THE WEBSITE
The User is only authorized to use the Website and the Services in accordance with the Terms and in good faith.
The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of FreePik or third parties, particularly, the owners of the Collaborators Content, the Third Party Content or the Sponsored Content.
The User will not interfere with the functioning of the Website or in the Services, in particular will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Website or the Services, which may impact the security of the Website or the Services, or which may in any way interfere with the Services offered by FreePik. It is prohibited to use 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 any way which is contrary to the ordinary use of the Website or which infringes FreePik's interests, without the express prior authorization from FreePik. Likewise, it is prohibited to obtain or attempt to obtain the contents of the Website using any method or system not expressly authorized by FreePik or which is not the ordinary method of accessing the Website.
The User shall be responsible of ensuring prior to using the Services that the features of the Services meet the User’s needs and that has all requirements, equipment and software necessary for this purpose and of any costs required for the use of the Services.
The rights granted to the User under these Terms are personal and shall not be assigned to any third party (including affiliates or entities part of the same group of companies) totally or partially, by any mean, without the prior, express and written consent from FreePik.
When providing the Services, FreePik can publish advertising either related or not to the searched Contents, which is expressly accepted by the User.
In order to use certain Services, the User must register, creating a username and password and activating an account. To this end, the User must provide a valid email address where the User will receive notifications related to the Services. If the User is a legal entity or business, its username must be its full name or corporate name and the person registering on behalf of the legal entity or business declares that he/she is duly authorized to bind such legal entity or business and that such legal entity or business shall be bound to these Terms.
The User agrees to provide the mandatory information required for registration and also acknowledges that such information is true, complete and up to date. The User is solely responsible of keeping such information updated. Should the User provide false, outdated or incomplete information, or should FreePik have reasons to suspect it, FreePik reserves the right to suspend or cancel the User’s account.
The User must protect and keep confidential the account password and must not disclose it to third parties. The User must neither allow other Users to access the Services through the User’s account nor use the account of another User to access the Services.
The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another user is using his account he/she should immediately inform FreePik.
FreePik may suspend or cancel the account of the User if it considers that the User has breached these Terms.
The Services allow Users to:
- Search for content that may result in Third Party Content, the FreePik Selection and/or Sponsored Content.
- Download Contents of the FreePik Selection.
- Upload Collaborators Content for its storage, publishing and offer in the Website or the Service.
If you have any question regarding any Content or believe that it infringes any right, that it does not comply with these Terms, or that is inappropriate, you can do so by contacting FreePik as indicated in Section 10 or following the instructions provided on the Website for a copyright complaint.
4.1. Third Party Content and Sponsored Content
Regarding the Third Party Content and Sponsored Content, FreePik’s role is limited to complete the search requested by the User and to provide such Content as a search result with a link to the relevant website together with specific related information. In some cases, in order to provide the User a better user experience and facilitate returning to the Services, the link can be presented within a FreePik frame, which can be removed by the User at any time.
FreePik is not the provider of the Third Party Content or the Sponsored Content and does not present itself as owner of such Content. Furthermore, displaying the search result and the link do not imply any relationship between FreePik and the third party responsible for the Third Party Content or Sponsored Content.
FreePik does not select, examine, control, guarantee, approve, sponsor or identify itself in any form with the Third Party Content or the Sponsored Content resulting of the searches made by the Users. The Third Party Content and the Sponsored Content are the sole responsibility of the third parties that make them available to the public over the Internet.
The User will be able to access the corresponding third party websites and download the Third Party Content and/or the Sponsored Content under the terms and conditions established by such third parties. FreePik shall not be a party or be involved in any way in the relationship between the User and the corresponding third party. The User undertakes to read and comply with the terms and conditions established by such third parties for the download and use of the Third Party Content and the Sponsored Content.
FreePik is not a party and does not take part in the relationship between the User and the third party that offers the Third Party Content or the Sponsored Content, and is not directly or indirectly responsible for the performance, omissions, errors, negligence or breaches of the Users or such third parties. Any claim from the Users regarding the Third Party Content or the Sponsored Content must be addressed to the third parties, which offer them in the linked website.
4.2. FreePik Content
The FreePik Contents are offered under the conditions stated from time to time in the Website (including, without limitation, restrictions to the downloads of FreePik Content each day) and are licensed in the terms set out in Section 7 and/or in Section 8, as applicable.
4.3. Collaborators Content
Collaborators Contents are offered in the terms stated at the relevant time in the Website (including, without limitation, daily download limits), and are licensed as stated in Sections 7 and 8, as applicable.
When offering Collaborators Content, FreePik acts as a mere intermediary between the User that downloads such Content and the Collaborator, providing the User with the access and subscription to the Collaborators Content.
FreePik makes reasonable efforts in guaranteeing the lawfulness of the Collaborators Content. However, FreePik cannot monitor or control all such Collaborators Content. For such reason, the User acknowledges and agrees that FreePik shall not be responsible for evaluating the originality, the non-infringement of third party rights and the lawfulness of such Collaborator Contents and that FreePik does not guarantee nor is liable in respect of any such Contents, except for those cases expressly provided in the applicable regulations.
5. UPLOAD, STORAGE AND OFFER OF COLLABORATOR CONTENT
By uploading any Collaborator Content through the Website, the Collaborator agrees to be bound by the following rules:
- The Collaborator Content must be relevant, without infringing the rights of third parties, the law, or public order and must comply with these Terms. The Collaborator must take into consideration that through the Services he/she may publish Collaborator Content in a public forum and thus take responsibility for content stored and published through the Website and the Services.
- The Collaborator must be the owner of the intellectual property rights or other rights of the uploaded Collaborator Content whether by being the author, original owner or by holding the relevant rights.
- Where Collaborator Content contains the image, voice or name of another person, or any other confidential or private information, the person in question must have provided authorization to publish such Collaborator Content.
- Collaborator Content must not include any advertising or promotional material of any kind, nor be used to distribute advertising material or for commercial purposes.
- The Collaborator Content must be free from viruses, worms or any other type of destructive code.
- The Collaborator Content must comply with the conditions and technical requirements set out from time to time by FreePik.
- Collaborator only hosts the Collaborator Content and therefore FreePik does not edit, select, check, control, guarantee, approve or necessarily agrees with the Collaborator Content. If you wish to make an enquiry related to Collaborator Content or if you believe that the Collaborator Content violates any rights or does not meet these Terms, or is inappropriate, you can contact FreePik as indicated below.
Notwithstanding the fact that FreePik is not under an obligation to supervise the Collaborator Content, FreePik may modify or delete (partially or totally) at anytime, any Collaborator Content which, FreePik deems to have breached these Terms or be offensive, illegal or a violation of the rights of third-parties.
The Collaborator remains as owner of the Collaborator Content stored, uploaded or published through the Services. When the Collaborator uploads any Collaborator Content through the Website to be stored or published through the Services, the Collaborator grants FreePik, who accepts, a non exclusive, worldwide, royalty-free license, with the right to sublicense to any third party, for the whole term of the rights under any applicable regulations to:
- Access, use, store, reproduce, modify, transform, update, translate, publish, distribute, delete, make part or all of the Collaborator Content available on the Website, the Services or websites operated by third parties with whom FreePik agrees the publication of the Collaborator Content, in all those cases whether on a free or paid basis.
- The adaptation and creation of derivative works based on or incorporating the Collaborator Content.
- Using the Collaborator Content in connection with other contents.
- Carrying out technical and maintenance works necessary for completing any of the above.
In case the Collaborator withdraws any Collaborator Content uploaded to the Website, the above license shall expire and shall have no further effect, but any license granted by FreePik in accordance with the above shall be valid and in force, and this is expressly acknowledged and accepted by the Collaborator.
The Collaborator represents that the use of the Collaborator Content uploaded by Collaborator as stated above is not subject to any remuneration or authorization by any collecting agency.
FreePik shall not pay any amount to the Collaborator for the uploading and further exploitation of the Collaborator Content uploaded by the Collaborator. FreePik shall not bear nor reimburse the Collaborator any expense incurred in connection with the design, creation or development of the Collaborator Content uploaded by the Collaborator.
The Collaborator warrants that it is has all necessary rights over the Collaborator Content required for storing and publishing through the Services and for the granting of the license referred to above or that it has obtained the necessary rights, licenses and consents from third parties. The Collaborator is responsible for the Collaborator Content uploaded to the Website and the Service to be stored, published and offered to the Users and for providing assistance in relation to any User’s claim.
The User acknowledges and agrees that uses the Website and its Services at the User’s own risk and under the User’s responsibility and therefore FreePik does not accept any responsibility for misuse or use in breach of these Terms.
The User will be responsible for any damages to FreePik resulting from the User’s use of the Website and the Services in breach of the Terms and accepts to indemnify FreePik and its directors, employees, agents and representatives from any liability in which they may incur resulting from the User’s breach of these Terms.
FreePik does not warrant the availability or continuity of the Website and the Services, neither its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity.
As way of example and without limitation, FreePik shall not be liable for any damages that may result from:
- Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not FreePik’s responsibility.
- Delays or unavailability of the Website and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
- Third party actions.
- Unavailability of the Website and the Services due to maintenance or software updates.
- Any other event beyond FreePik’s direct control.
SAVE FOR FREEPIK’S WILFUL MISCONDUCT, AND THOSE CASES IN WHICH DUE TO THE SPECIFIC CIRCUMSTANCES OF THE USER INVOLVED OR THE NATURE OF THE MATTER, APPLICABLE LAW PROVIDES THAT LIABILITY CANNOT BE LIMITED BY AGREEMENT, USE OF THE WEBSITE AND THE SERVICES IS AT SOLE RISK OF THE USER AND FREEPIK SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND CAUSED TO THE USER AS A RESULT OF USING THE WEBSITE AND THE SERVICES.
In accordance with Section 4 above regarding Third Party Content and Sponsored Content, FreePik acts exclusively as a provider of a search service as requested by the User, without assuming any responsibility for search results.
The insertion of links in the Services does not imply any relationship, recommendation or supervision by FreePik of the linked website and accordingly, FreePik does not accept any liability in relation to the content of any linked website except in the specific circumstances provided by applicable law.
In accordance with Section 4 above, regarding the Collaborator Contents, FreePik acts exclusively as the provider of the intermediation service between the offer of Collaborator Contents and the Users interested in downloading them, without any liability in relation to such Contents, except for those cases expressly stated by Law.
FreePik will make all reasonable commercial efforts in order to ensure the accuracy of keywords and descriptions, as well as the identification of Content as exclusively for editorial use or any equivalent expression. However, FreePik NEITHER WARRANTS NOR MAKES ANY REPRESENTATION REGARDING ANY KEYWORD, TITLE OR DESCRIPTION; OR THE IDENTIFICATION OR LACK OF IDENTIFICATION OF ANY VISUAL CONTENT AS EXCLUSIVELY FOR EDITORIAL USE. For this reason and notwithstanding any other liability limitation that may be applicable in accordance with these Terms, FreePik shall neither indemnify nor assume any liability in connection with any claim resulting from inaccurate keywords, titles or descriptions, or from the use of the visual Content identified as exclusively for editorial use.
7. INTELLECTUAL PROPERTY
All intellectual property rights over the Website, the Services, and/or the FreePik Selection, its design, and source code, and all content included in any of them (including without limitation text, images, animations, data bases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong or are licensed to FreePik.
Except as expressly authorized under Section 7, 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 Website, the Services, the FreePik Selection or any of its parts, is strictly forbidden.
The Third Party Content and the Sponsored Content are protected by intellectual property rights, as appropriate, and belong to their owners. Although the Services can locate and provide access to these Contents, its download and use is subject to the conditions set by the relevant third party. FreePik is not the owner and cannot grant any license or authorization in relation to the Third Party Content or Sponsored Content. The User must obtain authorizations that are, in each case, required to use any Third Party Content or any Sponsored Content.
If the third party holder of a Third Party Content or Sponsored Content does not want to be included in FreePik search results, the third party can contact FreePik as indicated in Section 10. Regarding a specific Third Party Content or Sponsored Content appearing as search result, you can use the copyright complain that appears next to the result.
If you believe that any Content infringes third party rights or does not comply with these Terms, you can report it to FreePik as set forth in Section 10. In addition, you can use the copyright infringement report system that is provided with any result in the Website.
8. END USER LICENSE AGREEMENT FOR THE FREEPIK SELECTION
FreePik authorizes the User to download and use the FreePik Selection under the terms of this license. FreePik and its licensors reserve all rights over the FreePik Selection not expressly granted in this license to the User.
FreePik grants the User a non-transferable, limited, non-exclusive, worldwide license for the duration of the relevant rights; to download, use and modify Content in the FreePik Selection, in a device the User owns or controls and only for the purposes and uses allowed in these Terms.
The User may use the Content in the FreePik Selection provided that it: (i) does not involve collective use, (ii) the Content in the FreePik Selection is not used in a manner that suggests an association or endorsement by FreePik, (iii) the Content in the FreePik Selection or any derivative work is not used or included (in whole or in part) in a database, archive or in any other media/stock product, collection, set of clips, or library, for distribution or resale or used in any other way that could prevent or limit future visits or downloads from the Website (iv) does not resell, assign, transfer or sublicense the Content in the FreePik Selection or any derived work from a Content in the FreePik Selection, (v) does not use the Content in the FreePik Selection in printed or electronic items (e.g. t-shirts, cups, postcards, mouse pads, calendars, web models or electronic devices) aimed to be resold, in which the Content in the FreePik Selection 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 Content in the FreePik Selection (totally or partially) in any trademark, logo or part of the same, o which may be used by any other mean to guarantee or to imply a guaranty of any product and/or service, unless the Content in the FreePik Selection used in such cases is modified in such a way as to be a new and different content not confusingly similar with the original Content in the FreePik Selection or implies a use of the Content in the FreePik Selection as a template or test, and not as a final item or material; (vii) does not make any use of the Content in the FreePik Selection which might be considered defamatory, libelous, obscene, immoral or illegal, including, without limitation, using it in a way that places any person appearing in the Content in the FreePik Selection in a negative light or depicts them in a way that they may find offensive such as the use in; pornography; ads for escort or similar services; political endorsements, birth control products; and (viii) does not make any use of the Content in the FreePik Selection to slander, libel or to vilify; a person, race, culture, religion, country, region, town, village or any other place.
When any Content of the FreePik Selection is marked or identified as for editorial use, the User shall only be entitled to use it for such editorial use. This means that in such cases the User undertakes not to use that Content in any manner that entails advertising, marketing or commercialization of any product or service. The User shall be directly liable and FreePik shall not assume any liability as a result of the use for commercial purposes by the User of any Content of the FreePik Selection identified as exclusively for editorial use.
The license of the Content in the FreePik Selection shall be free provided that any use of the Content in the FreePik Selection by the User is credited to FreePik as stated by FreePik from time to time. For any use of the Content in the FreePik Selection without the credit to FreePik, the User must purchase a subscription (hereinafter, the “Subscription”) in the Website and download the Content in the FreePik Selection during the term of any such Subscription. Conditions in Section 8 shall apply to the purchase of the Subscription.
The User does not acquire any right as a result of the use of the Content in the FreePik Selection. In particular, the User is not authorized to distribute, resell or rent any Content in the FreePik Selection (or any modification of any Content in the FreePik Selection).
The User rights under this license will end automatically without any notice if the User breaches any of the Terms. In case of termination of the license, the User shall cease using Content in the FreePik Selection and will destroy every copy, whether total or partial, thereof.
As an exception to the prohibition to sublicense the Content in the FreePik Selection, the User will be permitted to sublicense the Content in the FreePik Selection when each and every of the following conditions are met:
- The sublicensee has professionally instructed the User to produce goods or provide services to sublicensee and the User uses a limited number of items within the Content in the FreePik Selection to produce such goods or provide such services to sublicense;
- The sublicense granted by the User to the sublicensee is in writing and complies with every restriction of the User’s license for the relevant Content in the Freepik Selection and includes, without limitation, a restriction for the sublicensee to distribute, resell or further sublicense the relevant Content in the Freepik Selection (i.e. the sublicensee is the final user of the relevant Content in the Freepik Selection);
- none of the Contents in the FreePik Selection which are subject to the sublicense are used in printed or electronic items (e.g. t-shirts, cups, postcards, mouse pads, calendars, web models or electronic devices) aimed to be resold by sublicensee;
- the production of goods or provision of services by the User to the sublicensee is not done by automatic means, it is tailor made for the sublicensee (and therefore not sublicensed by the User to any other Sublicensee) and requires a specific substantial human intervention from the User in relation to each sublicensee; and
- the User -and not the sublicensee- chooses the items within the Content of the FreePik Selection to be used in the production of goods or provision of services.
When all of the above conditions are met, the User shall be entitled to sublicense the relevant Content in the Freepik Selection. This exception refers to the prohibition to sublicense the Content in the Freepik Selection without affecting or limiting in any way the remaining conditions of the User’s license. Whether the above conditions regarding the exception to the prohibition to sublicense the Content in the FreePik Selection are met shall be interpreted restrictively so that, in case of doubt, it shall be deemed that the conditions are not met.
9. CONDITIONS FOR THE SUBSCRIPTION
The terms in this Section (the “Subscription Terms”) govern any purchase of any Subscription in the Website. When concluding the purchase procedure for any Subscription, it shall be deemed that the User has read and accepted, without exception, the Subscription Terms.
These Subscription Terms are available to the User before the purchase of the Subscription and may be stored or reproduced on a durable medium.
The Subscription Terms are available in English and Spanish. In case the User is interested in purchasing any Subscription, it has to follow the instructions available in the Website from time to time.
The Subscriptions available for the Content in the FreePik Selection are offered in the Website where the relevant information, price and conditions are included (including, without limitation, restrictions to the number of downloads of FreePik Content each day). FreePik can 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 FreePik 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 Website and includes, if applicable, the relevant Value Added Tax. FreePik is entitled to modify the price for any Subscription at any time. FreePik shall apply the price stated in the 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 Website. To purchase and pay the Subscription, the User shall follow the instructions stated in the 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 FreePik to collect the corresponding price through the chosen payment method. The Subscription shall not be activated until FreePik 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. FreePik shall charge the corresponding price by the same initial payment method. FreePik 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. In addition, within the shortest time reasonably possible and not after twenty four (24) hours since the acceptance of the order, an email shall be sent to the User with the receipt of the purchase. The receipt may be stored and printed. The User may request an invoice as stated within the Website.
After the purchase of the Subscription, the User may use the Content in the FreePik Selection without crediting FreePik. The rest of conditions stated in Section 7 shall still be applicable.
As the FreePik Content is digital content, no cancellation right shall apply, without prejudice to the guarantees stated in the consumers’ regulations that may be applicable.
10. CHANGES AND CLOSURE OF THE WEBSITE
FreePik may, at any moment, and without incurring in any responsibility towards the User, modify the content of the Website or the Services, limit or modify the conditions or cease to provide some or all the Services and features available or deactivate and delete all or some of the User accounts and their corresponding information. However, FreePik will comply with its obligations regarding the keeping of records in relation of certain transactions for the relevant period as provided by applicable law or refund the Users of Subscriptions in force at that time with the proportional part of the price not accrued before the termination.
11. GENERAL AND CONTACT INFORMATION
The use of the Website and the Services shall be governed by Spanish Law. Except for those cases in which applicable regulations impose a specific jurisdiction, any dispute in connection with these Terms shall be resolved by the Courts of Malaga, and the Parties waive expressly any other applicable jurisdiction.
If any provision in these Terms is declared to be invalid or unenforceable, it shall be deemed that it had not been included. The remaining provisions in these Terms shall not be affected in anyway.
You may contact FreePik for any query or claim in the following website address: www.freepik.com/contact