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Terms & conditions

January 2021

This website is operated by Freepik Company, S.L., 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 Lario St., 5th floor, 29015, Málaga, Spain ("Company" or “we”, as applicable). You may contact us as stated in Section 11.

These terms of use ("Terms") govern the access, browsing and use by the users ("User" or "Users" or “you”, as applicable) of https://www.wepik.com/, including any of its subdomains and/or sections ("Website"); as well as the services rendered through the Website ("Service" or "Services", as applicable) which include an edition software and the download and use of certain content.

Accessing and using the Website or the Service 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 or the Services.

The Company may modify the Terms at any time and thus we recommend 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 the Company 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 of personal data, the Privacy Policy will apply.

Please read these Terms carefully to ensure that you understand each provision.

1. Use of Our Service

Our Service in a Snapshot. Wepik is an online design platform that allows our Users to directly create their own designs online. We also provide ready-made media and content that is licensable for use.

License to use the Service. Subject to the full and continuous compliance with these Terms, you are hereby granted a non-exclusive, limited, personal, non-transferable, freely revocable license to use the Service only as permitted by the features of the Service.

Additional terms may apply for any content that you download from, upload to or print from the Service. Any such additional terms may be made available to you prior to initiating any applicable uploads, downloads or prints or a reference to the specific terms or service shall be made within the Services. The Services may offer, in the result of that search, contents owned by the Company ("Freepik Content") as well as third-party content ("Third-party Content"). Third-party Content is duly differentiated and identified on the search results and will be subject to the conditions established by the relevant third party (e.g. conditions regarding content offered by Pexels will be subject to Pexels License and Pexels Terms). Regarding Freepik Content, Freepik Terms and Conditions and Flaticon Terms and Conditions also apply and establish the conditions for any license to use Freepik Content.

The Company reserves all rights not expressly granted herein in the Service and the Freepik Content. The Company may terminate this license at any time for any reason or no reason.

2. Freepik Accounts

Your Freepik account gives you access to the Services and/or to certain functionalities as we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. Regarding the registration on Freepik and/or Flaticon and the regulation of the user accounts, Freepik Terms and Conditions and Flaticon Terms and Conditions shall be applicable.

3. Service Rules

3.1 General

The User is only authorized to use the Services always in accordance with the Terms. The User agrees to use the Services 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 take part in any conduct or action that could damage the image, interests or rights of the Company or third parties.

It is the User’s responsibility to ensure prior to using the Services that the features of the Services meet the User’s needs.

You agree not to engage in any of the following prohibited activities within the use of the Service:

  1. copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
  2. using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Wepik servers than a human can reasonably and ordinarily produce in the same period of time by using a conventional on-line web browser;
  3. transmitting spam, chain letters, or other unsolicited email;
  4. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
  5. taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  6. uploading invalid data, viruses, worms, or other software agents through the Service;
  7. collecting or harvesting any personally identifiable information, including account names, from the Service;
  8. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, including engaging in phishing activity or including misleading links or information to entice viewers to click through to an illegal or fraudulent website;
  9. interfering with the proper working of the Service;
  10. accessing the Service through any technology or means other than those provided or authorized by the Service;
  11. bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;
  12. using any Freepik Content , including any Freepik trademarks, or any other content offered in the Service, in any manner that might tarnish, disparage, or reflect adversely on such Freepik Content or content;
  13. using the Service or any Freepik Content or any other content offered in the Service, to support, incite or promote illegal behaviour, discrimination, hostility or violence;
  14. using any Freepik trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data;
  15. adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with Freepik trademarks;
  16. copying, imitating or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of the Company;
  17. framing or hotlinking to the Service or any content other than your own without the prior written consent of the Company; or
  18. uploading any content that is illegal, sexual or pornographic, features child exploitation material or links to such material or not complying with the Terms.

If your User Content or Wepik Design (as defined below) breaches these Terms, we may, without prior notice to you, delete such User Content and any other User Content and/or Wepik Design you have uploaded.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or request remunerations or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, regarding Freepik Content and Third-party Content, you continue to be bound by the applicable terms.

4. Use of content in the Service

4.1 General.

The Service provides certain functionality that allows you to create visual designs (“Wepik Designs”). Wepik Designs can be downloaded/exported from the Service in a range of formats, including without limitation PDF, JPEG, or PNG (“Export”).

You may create Wepik Designs using only your own User Content, or you may choose to incorporate Freepik Content or Third-party Content into your Wepik Design. You may Export a Wepik Design comprised solely of your own User Content. However, you may only Export a Wepik Design comprised in whole or in part of any Freepik Content or Third-party Content only in accordance with the terms of the licenses contained in this Section.

4.2 License of Freepik Content.

In order to Export any Freepik Content comprised in a Wepik Designed from the Service, you must license the Freepik Content under one of the licenses provided in the Freepik Terms and Conditions and Flaticon Terms and Conditions . By Exporting any Freepik Content from the Service, you hereby agree to be bound by the Freepik Terms and Conditions and Flaticon Terms and Conditions .

4.3. Third-party Content

The Services may include Third-party Content and you are responsible for complying with any and all third-party terms that may apply to such content, as specified in Section 1. Access to Third-party Content is provided for convenience only, the Company is not a party to such license or terms of the third party and the Company does not guarantee and has no responsibility for such Third-party Content. By Exporting any Third-party Content from the Service, you hereby agree to be bound by any above applicable terms.

4.4. Credit

In order to Export any Wepik Design, Freepik Content or User Content from the Service, you must credit Wepik as stated by the Company from time to time. This is a condition of essence for the Service, and any breach of this obligation may lead to a termination by the Company of the licenses granted herein or the Service.

5. User Content

5.1 General

Some areas of the Service allow Users to submit upload and use content such as photographs, illustrations, fonts, designs, and other content provided by User, even through third party’s hosting services, or to create a new content by the User (hereinafter “User Content”). You retain ownership of your User Content, and you understand that you are entirely responsible for all such User Content, including any third party Intellectual Property Rights incorporated therein.

5.2 Uploading and and using User Content within the Services.

By uploading User Content within the Service, from a device of the User or from any account of any third party service in which the User is storing such content or when creating a Wepik Design including User Content (for the purposes below, a Wepik Design shall be deemed as a User Content in such part that it includes User Content or when it is created as a new item by the User), the User agrees to be bound by the following rules:

The User Content must be relevant, without infringing the rights of third parties, the law, or public order and must comply with these Terms.

The User Content must comply with the conditions and technical requirements set out from time to time by the Company. Without limitation, the User undertakes that the User Content shall comply with any principles and good practices stated by the Company from time to time, specifically regarding the respect to the general or third party property, rights and interests.

You agree not to submit or use User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, disturbing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable; (v) contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that you know is not correct and current; or (ix) is not free from viruses, worms or any other type of destructive code.

The User must be the owner of the intellectual property rights of the User Content whether by being the author, original owner or by holding the relevant rights. Where User 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 content. You agree that any User Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or image.

For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

By uploading any User Content to the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant to the Company a multi-use, sublicensable, transferable, perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, publish, and distribute all such User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and the Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service in any media formats and through any media channels, including any third party with whom the Company may be partnering.

In connection with your User Content, you affirm, represent and warrant the following:

Your User Content and Wepik’s use thereof as contemplated by these Terms and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy and publicity rights.

The Company may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

If your User Content contains or incorporates in any manner any components including but not limited to design elements, fonts, clipart, sprites, vectors or brush tools and the like that are included in design programs, by uploading any such User Content to the Company, you represent and warrant that the end user license agreement, terms of service or the equivalent license agreed to by you allows you to incorporate such elements in the User Content created by you, and to license such User Content to the Company for the purposes set forth herein.

Your User Content is neither obscene, defamatory, or otherwise objectionable.

If you use the Service to post, publish, share or print User Content, you agree that you have verified that the User Content does not contain anything that is illegal, encourages illegal activity, infringes (or is otherwise deceptively similar to) any third-party’s Intellectual Property Rights, or otherwise breaches these terms.

The Company only hosts the User Content, but Company does not edit, select, check, control, guarantee, approve or necessarily agrees with such content including without limitation, Company cannot guarantee that such content is accurate, current, legal, suitable for a purpose or for specific Users or that doesn't involve a breach of any applicable law or violation of third party rights, it is the responsibility of the User to ensure that their use does not pose a risk or carrying out an illegal activity. Pursuant to applicable regulations of information society services, the Company is a provider of services through the Website and does not supervise the contents of the User Content included by the Users and takes no responsibility and assumes no liability for any User Content that you or any other User or third party creates, posts, publishes or prints over or using the Service. You shall be solely responsible for your User Content and the consequences of creating, using, posting, publishing and printing it, and you agree that we are only acting as a passive conduit for your online creation and modification of your User Content. If you wish to make an enquiry related to User Content or if you believe that the User Content violates any rights or does not meet these Terms, or is inappropriate, you can do so as set forth in Section 12.

Notwithstanding the fact that the Company is not under an obligated to supervise the User Content, the Company may modify or delete (partially or totally) at any time, any User Content which, Company deems to have breached these Terms or may be deemed to be offensive, illegal or in violation of the rights of third-parties.

In the event that your User Content or Wepik Design is alleged to be offensive, inappropriate for children, unlawful or otherwise in breach of these terms, you agree that the Company may disclose such User Content to law enforcement or other government authorities.

6. Wepik Design License Grant

By publishing any designs or content containing Wepik Design using the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant to the Company a multi-use, sublicensable, transferable, perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, reproduce, publish, and distribute all such Wepik Design, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and the Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service in any media formats and through any media channels.

7. Our Proprietary Rights

Except for your User Content, the Website, the Service and its design, codes and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and Freepik Content, and all Intellectual Property Rights related thereto, are the exclusive property of Company and its licensors.

In particular and without any limitation to the general statement included in the paragraph above, Company owns the "sui generis" right over the Website and the Service as a database in its capacity as developer of the Website, as provided in sections 133 and subsequent of the Spanish Copyright Act. By virtue of such "sui generis" right, extracting and/or reusing all or a substantial part (in terms of amount of information or relevance of information) of the Website and the Service content is forbidden and would result in an infringement of Company’s Intellectual Property Rights. Additionally, extracting and/or reusing of a non-substantial part of the Website’s or Services’ content repeatedly or systematically is also forbidden, when such actions fall outside the ordinary use of the Website and the Services authorized by Company or cause any unjustified damage to Company’s interest.

Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Freepik Content. Use of the Freepik Content for any purpose not expressly permitted by these Terms is strictly prohibited.

8. Privacy

We care about the privacy of our Users. Our Privacy Policy sets out how we collect, use, disclose and store your personal information. It also contains details of how to exercise your privacy rights (such as access and correction) and how to make complaints.

9. Copyright

If you believe that any content infringes third-party rights or does not comply with these Terms, you can report it to the Company by sending an email to copyright@freepik.com.

10. Third-Party Links and Apps

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities, that are not owned or controlled by the Company.

The Company does not endorse or assume any responsibility for any such third-party apps, sites, information, materials, products, or services. If you access a third-party app or website from the Service, you do so at your own risk, and you understand that these Terms and Wepik’s Privacy Policy do not apply to your use of such sites. You expressly relieve the Company from any and all liability arising from your use of any third-party app, website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

11. Indemnity

You agree to defend, indemnify and hold harmless the Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content, Wepik Design or any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.

12. No Warranty

The User acknowledges and accepts that use of the Website and the Services is at the User’s own risk and under the User’s responsibility and therefore the Company does not accept any responsibility for misuse or use in breach of these Terms.

Company does not warrant the availability or continuity of the Website or the Services (in particular, when they depend on third parties), its accuracy, reliability or completeness, or whether they are fit for a particular purpose. To the maximum extent permitted by applicable law, Company will not have any liability in this regard.

The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, the Company, its subsidiaries, and its licensors do not warrant that the content, including without limitation User Content, Freepik Content and Third-party Content, is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Company will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

13. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this Service, including without limitation, your submission or use of User Content, Freepik Content or Third-party Content. Under no circumstances will the Company be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.

Without limiting the foregoing and to the maximum extent permitted by applicable law, the Company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service, including Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; (vii) user content or the defamatory, offensive, or illegal conduct of any third party; and/or (ix) loss or deletion of User Content and/or Wepik Design.

Notwithstanding anything to the contrary contained herein, the Company shall not be liable for any damages, costs or losses arising as a result of modifications made to User Content, Freepik Content, or other content, any additions or combinations of User Content or Freepik Content with other content, or the context in which the User Content, Freepik Content, or other content is used by you.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

14. Changes and Closure of the Website

The Company 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, the Company will comply with its obligations regarding the keeping of records in relation to certain transactions for the relevant period as provided by applicable law.

15. General and Contact Information

The use of the Website and the Services and the interpretation and application of these Terms 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 Málaga (Spain), and the parties expressly waive any other applicable jurisdiction.

If any provision in these Terms is declared to be invalid or unenforceable, it shall be substituted or deemed as it had not been included. The remaining provisions in these Terms shall not be affected in any way.

You may contact the Company for any query or claim in https://www.freepik.com/profile/support.