Terms and Conditions for Creator's Community

November 2024

Welcome to Creator's Community!

This website is operated by Freepik Company, S.L.U., 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 ("Freepik" or “we”, as applicable).

These Terms and Conditions ("Terms") govern the user ("User", "Users" or “you” as applicable) access to and use of Creator's Community's website, services, applications, and related technologies ("Service"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

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 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 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 providing the relevant Service.

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

1. Service Description

Creator's Community offers you a platform designed to empower creativity and collaboration. We provide advanced generative AI tools that enable you to create, connect, communicate, discover, and share a wide array of content. By using Creator’s Community, the User will be able to share with other Users and discover new content generated with Freepik’s AI Products. For clarification purposes, Freepik AI Products Terms and Conditions are part of these Terms by reference.

2. Intellectual Property Rights

2.1. User Content. As a User of Creator's Community, you maintain ownership rights over the content you produce and publish on our platform. When you upload content, you grant Freepik a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, display, and perform your content in connection with the services provided by the platform. This includes the right to adapt, modify, and create derivative works from your content for marketing and promotional purposes, such as displaying it on social networks, in our newsletters, and within our marketing campaigns. Freepik will link the content you publish with your Username and credit you as the creator.

2.2. License to Other Users. You also hereby grant each User of the Service a non-exclusive license to access and use your User Content through the Service, as permitted through the functionality of the Services and under these Terms.

2.3. Our Rights. Freepik holds and retains all rights, title, and interest in and to our website, services, and all underlying technology and intellectual property, including any enhancements or modifications made to our platform. This encompasses all software, tools, graphics, interfaces, and information provided by Freepik, which are protected by applicable intellectual property laws. 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, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong or are licensed to the Company.

Except as expressly authorized under these Terms, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, scrapping, reuse, or any other use of the Website, the Services, the Freepik Content or any of its parts, is strictly forbidden.

3. User Responsibilities and Acceptable Use Policy

As a User of Creator's Community, you are expected to use the platform responsibly and lawfully, ensuring your activities do not infringe upon the rights of others or inhibit anyone else’s use and enjoyment of the platform. By using Creator's Community, you agree to the following obligations:

Legal Compliance: you must use Creator's Community solely for lawful purposes and in a manner that complies with all applicable local, national, and international laws and regulations.

Ownership and Permissions: you represent and warrant that you own or have obtained all necessary licenses, rights, consents, and permissions needed to publish and share the content you submit on the platform.

Content Integrity: you must ensure that your content does not and will not violate, plagiarize, or infringe upon the rights of third parties, including but not limited to copyright, trademark, privacy, publicity, or other personal or proprietary rights.

You agree not to use fake, misleading, or inaccurate information in your profile; impersonate other people or entities; or falsely attribute someone’s work.

Prohibited Content: you agree not to upload, create, or share content that contains viruses, adware, spyware, worms, or any other harmful or destructive material that might compromise the safety, security, or integrity of the Creator's Community or its Users.

Acceptable Use: you will comply with Freepik’s Acceptable Use Policy available at https://www.freepik.com/legal/acceptable-use-policy

In addition to adhering to these responsibilities, Users must respect the community and uphold the standards set forth in our platform guidelines. Violations of these terms may lead to content removal, account suspension, or termination, depending on the severity of the breach.

4. Content Moderation

Freepik reserves the right to review and, if necessary, remove any content at our discretion that violates our policies, is deemed offensive, or could be harmful to other Users or the integrity of our platform.

Likewise, if at any time you believe a User or their content violates this Terms, Freepik Acceptable Use Policy, or any other applicable term or community guidelines, you can report it by using the options available on the Website, filling out this web form, or sending the notice by email to copyright@freepik.com

5. Consequences of Breach

Violation of any of these Terms and Conditions can lead to legal and administrative consequences for the User. Specific actions we may take in response to breaches include, but are not limited to:

Warning: issuing a warning to the User regarding the violation, providing an opportunity to correct the behavior.
Content Removal: immediate removal of offending content from the platform.
Account Suspension: temporary suspension of User access to the platform, preventing any interactions or activities.
Account Termination: permanent termination of the User's account and access to Freepik and/or Creator's Community, including deletion of the User's profile and content.
Legal Action: initiating legal proceedings against the User for violations that cause harm to Freepik or its Users, or for other breaches that incur legal liabilities.

In addition to these measures, Users may be held liable for any damages or losses caused to Freepik or third parties as a result of their actions. We reserve the right to take any other actions deemed necessary to enforce these Terms and maintain the security and integrity of our platform.

6. Indemnification

As a User of Creator's Community, you agree to indemnify, defend, and hold harmless Freepik, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Service, your violation of these Terms, or your infringement, or infringement by any other User of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

7. Changes to Terms

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.

8. Disclaimer of Warranties

You understand and agree that your use of Creator's Community is at your own risk. The services provided on an "AS IS" and "AS AVAILABLE" basis. Freepik expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Freepik makes no warranty that the services will meet your requirements or that the service will be uninterrupted, timely, secure, or error-free; nor does Freepik make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service.

9. Limitation of Liability

Freepik shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Freepik has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the User Content; (iii) the cost of procurement of substitute goods and services; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the service; or (vi) any other matter relating to the service.

11. Data Processing and Privacy

By using Creator's Community, you consent to the collection, storage, and processing of your personal data in accordance with our Privacy Policy.

12. Disclaimer of Warranties

13. Links to Other Websites

Our Service may contain links to third-party websites or services not owned or controlled by Freepik. Freepik has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Freepik shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

14. Dispute Resolution

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 the applicable law imposes 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.

In accordance with the provisions of Article 14 of Regulation (EU) 524/2013, the Users are informed that, in the cases in which it is applicable due to the condition of the User as a consumer under European regulations, the European Commission has an online dispute resolution platform, which is available at the following link: https://ec.europa.eu/consumers/odr/.

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

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

15. General Provisions

These Terms constitute the entire agreement between you and Freepik and govern your use of the Service, superseding any prior agreements between you and Freepik. The failure of Freepik to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.