Terms of use

April 2014

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 16 Fernán Núñez Street, Office number 4, 29002 Málaga, Spain.

These terms of use (“Terms”) govern the access, browsing and use of the Website by their users (“User” or “Users”, as applicable); the download and use of certain content owned by FreePik; as well as the services rendered through the Website (“Service” or “Services”, as applicable).

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.

Likewise, in respect of collection and processing personal data, the Privacy Policy will apply.

1. PURPOSE OF WEBSITE

Through the Website, the User can search visual content, like vectors and illustrations, photos and images, pds and Photoshop files and vector icons 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”); as well as third-party Content not offered free of charge ("Sponsored Content"). Both the FreePik Content and Sponsored Content are duly differentiated and identified on the search results.

2. AUTHORISED USE OF THE WEBSITE

The User is only authorized to use the Website in accordance with the Terms and in good faith.

If the User is acting on behalf of any company or business, he/she declares that he/she is duly authorized to bind such company or business and that such company or business shall be bound to these Terms.

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 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 is 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.

When providing the Services, FreePik can publish advertising either related or not to the searched Contents, which is expressly accepted by the User.

3. REGISTRATION

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.

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.

4. CONTENT

The Services allow Users to:

• Search for content that may result in Third Party Content, FreePik Content and/or Sponsored Content.

• Download FreePik Content.

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 in the terms set out in Section 7.

4.3. Enquiries and Information about the Content

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 8 or following the instructions provided on the Website for a copyright complaint.

5. RESPONSIBILITY

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.

6. INTELLECTUAL PROPERTY

All intellectual property rights over the Website, the Services, and/or the FreePik Content, 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 Content 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 8. 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.

7. APPLICATION END USER LICENSE AGREEMENT

FreePik authorizes the User to download and use the FreePik Content under the terms of this license. FreePik reserves all rights over the FreePik Content 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 FreePik Content, in a device the User owns or controls and only for the purposes and uses allowed in these Terms.

The User may use the FreePik Content provided that it: (i) does not involve collective use, (ii) whenever FreePik Content is used, the following notice is included: “designed by Freepik.com”, with a link to the Website’s main page, (iii) the FreePik Content is not used in a manner that suggests an association or endorsement by FreePik, and (iv) the FreePik Content 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 Website.

The User does not acquire any right as a result of the use of the FreePik Content. In particular, the User is not authorized to resell or rent any FreePik Content (or any modification of any FreePik Content).

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 FreePik Content and will destroy every copy, whether total or partial, thereof.

8. 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, 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.

9. GENERAL AND CONTACT INFORMATION

The use of the Website and the Services shall be governed by Spanish Law.

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 in the following website address: www.freepik.com/contact

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