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License Agreement for Freepik Content
The Company authorizes the User to download and use the Freepik Content under the terms of this Section (see Section 7 in relation to Sponsored Content). The Company and its licensors reserve all rights over the Freepik Content not expressly granted in this license to the User.
Subject to the fulfillment of these Terms, the Company authorizes the User in a non-transferable, revocable, limited, non-exclusive manner and on a worldwide basis for the duration of the relevant rights; to download, use and modify the 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 (including any derivative work), either using the Freepik Contents in its entirety or using only some or some of its elements, either using the Freepik Contents without modification, combining them with other contents or having previously modified them, being the license granted with respect to the Freepik content, provided that it:
* Does not involve collective use;
* The Freepik Content is not used in a manner that suggests an association or endorsement of any kind by the Company or the Website;
* The Freepik Content 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;
* Does not resell, assign, transfer or sublicense the Freepik Content or any derived work from the Freepik Content;
* Does not use the Freepik Content in printed or electronic items (e.g. t-shirts, cups, postcards, birthday or greeting cards, invitations, calendars, web models or electronic devices, apps, NFTs, videogames, advertising spots, audiovisual animations) aimed to be resold, in which the content in the Freepik 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);
* Does not use the Freepik Content (totally or partially) in any trademark, or part of the same, which may be used by any other means to guarantee or to imply a guaranty of any product and/or service, unless the Freepik 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 Freepik Content or implies a use of the Freepik Content as a template or test, and not as a final item or material;
* Does not use the Freepik Content (including any caption information, title, keywords or other metadata associated with the Freepik Content) for any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons.
* Does not make any use of the Freepik Content which might be considered defamatory, libellous, obscene, immoral or illegal, including, without limitation, using it in a way that places any person appearing in the Freepik Content in a negative light or depicts them in a way that they may find offensive such as the use in pornography, advertisements for escort or similar services, political endorsements, birth control products, and;
* Does not make any use of the Freepik Content to slander, libel or to vilify a person, race, sex, culture, sexual orientation, religion, country, region, town, village or any other place, or any other human group.
When any Freepik Content is marked or identified as for editorial use, or when within the same there are logos, recognizable products, public buildings, public events or images taken in places where recognizable persons appear in the background, the User shall only be entitled to use it for such editorial use. In such cases, the User undertakes not to use that content in any manner that entails any connection with any business activity, the use in economic traffic or advertising, marketing or commercialization of any product or service. The User shall be directly liable and the Company shall not assume any liability as a result of the use for commercial purposes by the User of any content belonging to the Freepik Content, which according to this paragraph should be for editorial use only.
The authorization to use the Freepik Content shall be free provided that any use of the content in the Freepik Content by the User is credited to the Company/Website as stated by the Company from time to time. In order to benefit from the Service or to use the Freepik Content without acknowledging the Company/Website, the User must purchase a premium subscription (hereinafter, the "Premium Subscription") in the Website and download the Freepik Content during the term of any such Premium Subscription. Conditions in Section 10 shall apply to the purchase of the Premium Subscription.
As a general rule, it is forbidden for a User to authorize any third parties to use the Freepik Content (or any modification of any content in the Freepik Content). As an exception to the prohibition, the User may allow third parties to use the Freepik Content, when each and every of the following conditions are met:
* The third party has professionally instructed the User to produce goods or provide services to it/him/her and the User uses a limited number of items within the Freepik Content to produce such goods or provide such services to the instructing third party;
* The authorization granted by the User to the third party is in writing and complies with every restriction of the User’s authorization to use the relevant Freepik Content and includes, without limitation, a restriction for the third party to distribute, resell or license the relevant content in the Freepik Content (i.e. the third party is the final user of the relevant content in the Freepik Content);
* None of the contents in the Freepik Content which are subject to the authorization are used as the main element (because of size, relevance or any other cause; in case of doubt about whether the content is the main element, it shall be deemed as the main element) in printed or electronic items (e.g. t-shirts, cups, postcards, birthday or greeting cards, invitations, calendars, web models or electronic devices, apps, NFTs, videogames, advertising spots, audiovisual animations) aimed to be resold by the third party;
* The production of goods or provision of services by the User to the third party is not done by automatic means, it is tailor-made for the third party (and therefore its use is not authorized by the User to any other third party) and requires a specific substantial human intervention from the User in relation to each third party; and
* The User -and not the third party- chooses the specific items within the content of the Freepik Content to be used in the production of goods or provision of services for the third party.
When all of the above conditions are met, the User shall be entitled to authorize a third party to use the relevant content in the Freepik Content. This exception refers only to the prohibition for the User to authorize third parties to use the content in the Freepik Content without affecting or limiting in any way the remaining conditions of the User’s right to use the Freepik Content. Whether the above conditions regarding the exception to the prohibition for Users to authorize third parties to use the content in the Freepik Content are met shall be interpreted restrictively so that, in case of doubt, it shall be deemed that the conditions are not met.
The User does not acquire any right as a result of the use of the content in the Freepik Content. In particular, the User is not authorized to distribute, resell or rent any content in the Freepik Content (or any modification of any content in the Freepik Content).
The Company may, at any time, offer any content on the Website under a different license from the one included in this Section (the "Specific License"). The Company will inform on the Website which content is licensed under an Specific License. The Specific License will be made available to the User and will include, without limitation, a description of the license itself, as well as the permitted and prohibited uses in relation to the content. In the event that a particular content is offered under a Specific License, the Specific License shall apply over the general license described in this Section. Notwithstanding the foregoing, all other obligations contained in these Terms shall continue to be binding on the User, unless they conflict with the Specific License, in which case the Specific License shall prevail.
The User’s rights under this Section will end automatically without any notice if the User breaches any of the Terms. In case of termination of the rights hereunder, the User shall cease using content in the Freepik Content and will destroy every copy, whether total or partial, thereof.
A copy can be found at <https://www.freepikcompany.com/legal/#nav-freepik-agreement>
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