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").
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.
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.
1. Services Offered
Through the Website, the User can search video contents and recordings (including the corresponding audio) in any format, as well as specific information related to such content (“Vidfy Content”).
2. Authorized Use
The User is only authorized to use the Website and the Services in accordance with the Terms and in good faith. In particular and without limitation, Users undertake that any access or downloads of any content available in the Website or through the Services will always be the result of a genuine legitimate interest of the User and acknowledges that any method which artificially increases the number of downloads, accesses or clicks over such content is strictly prohibited under these Terms (including, without limitation, the generation of downloads, accesses or clicks over such content through any robots, spiders or any other mechanism, mobile application, program or tool) and will result in the prohibition to use the Services and the obligation for the User to indemnify the Company for all damages suffered as a result of the User’s breach of this undertaking.
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 the Website or third parties.
The User will not interfere with the functioning of the Website or in the Services. 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 the Company. The use of 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 the Company’s interests (without its express prior authorization) is strictly prohibited. Likewise, obtaining or attempting to obtain the contents of the Website using any method or system not expressly authorized by the Company or which is not the ordinary method of accessing the Website is also strictly prohibited.
The User shall be responsible for any costs required for the Services’ use and for ensuring, prior to using the Services, that the Services’ features meet the User’s needs and that he/she/it meets all requirements and has all the equipment and software necessary for this purpose.
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 the Company.
When providing the Services, the Website can publish advertising either related or not to the searched contents or the Services, which is expressly accepted by the User.
The Services allow Users to search for content that may result in Vidfy Content and download such Vidfy 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 the Company as indicated in these Terms or following the instructions provided on the Website for a copyright complaint.
3.1. Vidfy Own Content
Vidfy Own Contents are offered under the conditions stated from time to time in the Website (including, without limitation, restrictions to the number of downloads per day) and its use is allowed in the terms set out or referred to in these Terms, as applicable.
3.2. Collaborators Content
Collaborators Contents are offered in the terms stated at the relevant time in the Website (including, without limitation, daily download limits), and its use is allowed in the terms set out or referred to in these Terms, as applicable.
When offering Collaborators Content, the Company acts as a mere intermediary between the User that downloads such content and the collaborator, providing the User with the access to the Collaborators Content.
The Company makes reasonable efforts in guaranteeing the lawfulness of the Collaborators Content. However, the Company cannot monitor or control all Collaborators Content. Therefore, the User acknowledges and agrees that the Company shall not be responsible for evaluating the originality, the non-infringement of third-party rights or the lawfulness of Collaborator Content and that the Company does not guarantee nor is liable in respect of any such contents, except for those cases expressly provided in the applicable regulations.
The User acknowledges and agrees that he/she/it uses the Website and its Services 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.
The User will be responsible for any damages to the Company resulting from the User’s use of the Website and the Services in breach of the Terms and accepts to indemnify the Company and its directors, employees, agents and representatives from any liability in which they may incur as a result of the User’s breach of these Terms.
The Company does not warrant the availability or continuity of the Website or 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, the Company 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 the Company’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 the Company’s direct control.
SAVE FOR THE COMPANY’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 THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND CAUSED TO THE USER AS A RESULT OF USING THE WEBSITE AND/OR THE SERVICES.
The insertion of links in the Services does not imply any relationship, recommendation or supervision by the Company of the linked website and, accordingly, the Company does not accept any liability in relation to the content of any linked website except in the specific circumstances provided by the applicable law.
The Company will make 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, THE COMPANY 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, the Company 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.
5. Intellectual Property
All intellectual property rights over the Website, the Services, and/or the Vidfy Content, its design, and source code, and all content included in any of them (including without limitation text, videos, 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, reuse or any other use of the Website, the Services, the Vidfy Content or any of its parts, is strictly forbidden.
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 writing an email to [email protected].
6. License Agreement for Vidfy Content
The Company authorizes the User to download and use the Vidfy Content under the terms of this Section. The Company and its licensors reserve all rights over the Vidfy Content not expressly granted in this license to the User.
The Company authorizes the User in a non-transferable, limited, non-exclusive manner and on a worldwide basis for the duration of the relevant rights; to:
use, copy, edit, modify, manipulate, couple and synchronize the Content in a purely digital Production which incorporates or combines the Content together with other substantial independently created works, and is created by or for the User or on his or her behalf or for one of the User’s clients (a "Digital Production");
publicly display and perform ("Distribute") the Content within such Digital Production(s) by means of – and only by means of - digital streaming through the internet; and
The User may use the content in the Vidfy Content provided that it:
- Does not involve collective use;
- The content in the Vidfy Content is not used in a manner that suggests an association or endorsement by the Company or the Website;
- The content in the Vidfy 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 content in the Vidfy Content or any derived work from a content in the Vidfy Content;
- Does not use the content in the Vidfy Content (totally or partially) in any trademark, logo 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 content in the Vidfy 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 content in the Vidfy Content or implies a use of the content in the Vidfy Content as a template or test, and not as a final item or material;
- Does not make any use of the content in the Vidfy 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 content in the Vidfy 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 content in the Vidfy Content to slander, libel or to vilify a person, race, sex, culture, religion, country, region, town, village or any other place.
In addition to the other restrictions contained in this Terms and Conditions, the use of Vidfy Content under the license is subject to the following restrictions:
- Single Project: Vidfy Content may only be used in a Single Project
- Print, Film and Physical Media Excluded: Vidfy Content may not be used in or on any printed media or work, film or physical media (e.g., CD or DVD) or merchandise.
- Only Digital Streaming Permitted: for avoidance of doubt, theatrical, broadcast, telecast or cable or satellite distribution, performance or display of the Digital Production or Vidfy Content is prohibited.
- Permitted Distribution Channels: Distribution of Vidfy Content within or with a Digital Production(s) is permitted only by means of digital streaming through one of the following digital channels:
- Over-The-Top (OTT) Video On Demand apps;
- Pinterest; and/or
- User’s website or mobile app.
When any content of the Vidfy 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 on 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 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 Vidfy Content, which according to this paragraph should be for editorial use only.
The authorization to use the content in the Vidfy Content shall be free provided that any use of the content in the Vidfy Content by the User is credited to the Company/Website as stated by the Company from time to time.
It is forbidden for a User to authorize any third parties to use the Vidfy Content (or any modification of any content in the Vidfy Content). As an exception to the prohibition, the User may allow third parties to use the content in the Vidfy 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 content in the Vidfy 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 content in the Vidfy Content and includes, without limitation, a restriction for the third party to distribute, resell or license the relevant content in the Vidfy Content (i.e. the third party is the final user of the relevant content in the Vidfy Content);
- None of the contents in the Vidfy 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 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 Vidfy 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 Vidfy Content. This exception refers only to the prohibition for the User to authorize third parties to use the content in the Vidfy Content without affecting or limiting in any way the remaining conditions of the User’s right to use the Vidfy Content. Whether the above conditions regarding the exception to the prohibition for Users to authorize third parties to use the content in the Vidfy 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 Vidfy Content. In particular, the User is not authorized to distribute, resell or rent any content in the Vidfy Content (or any modification of any content in the Vidfy Content).
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 Vidfy Content and will destroy every copy, whether total or partial, thereof.
7. 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.
8. 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 the applicable law 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.
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, 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 in [email protected].