Workflow

CheckmypresetsCreator Agreement

Published 11 July 2022. In force from 11 August 2022.

These Terms govern your use of the Checkmypresets Services as regards to the upload or submission of any Work. These Terms apply to all Content, presets, photographs, illustrations, images, templates and other pictorial or graphic works (collectively and including all associated keywords, descriptions, credits, and captions) (“Work/s”) that you submit or upload to the Website. “Website” means our websites and applications that facilitate access to these websites, including but not limited to checkmypresets.com. If you submit Work on behalf of the applicable copyright owner(s), you represent and warrant that you have the authority to, and will, ensure that such copyright owner(s) comply with the Terms where necessary. If you submit Work on behalf of an entity, then the Terms apply to that entity and its affiliates. In such case, you represent and warrant that you have the authority to bind the entity to the Terms.

1. Licenses.

1.1 You grant us a non-exclusive, worldwide, perpetual, fully-paid, and royalty-free license to use, reproduce, display, make available, publicly perform, distribute, modify, market, promote, transform, index, make derivative works of, communicate to the public or any other exploitation of the uploaded or submitted Works (the “Rights”) The License is granted for the term set forth in Section 4. You also grant us the right, but not the obligation, to use your display name, trademarks, and trade names in connection with our marketing and promotional activities and our license to the Work under the Terms.

1.2 You agree to offer the users of the Website a license to use, reproduce, display, publicly perform, modify, transform or make derivative works of, the Work on a non-exclusive, worldwide, and perpetual basis in any media or embodiment. You will license Works pursuant to a written or electronic agreement between you and a user. For clarity, you allow users to post or share the Work onto social media sites or other third-party websites, subject to any restrictions imposed in our Terms of Use.

1.3 You understand and agree that (i) users will not be obligated to credit creators and (ii) the Works may be modified and used in connection with any subject matter (in accordance with the Terms of Use of the service). In addition, metadata may be altered, removed, or added, without any liability to us or users. We are not liable if the user does not comply with the Terms of Use or if they are misused by any third party. You grant us the right to enforce your IP Rights against infringers, but we have no obligation to do so.

1.4 You will execute or procure the execution of all such documents as may be reasonably necessary to achieve, perfect or confirm the License.

2. Creator obligations

2.1 You shall be responsible for all your own national insurance, personal insurance, social security, and any applicable tax (including without limitation any personal tax and value added tax), which may become due as a consequence of these Terms. All income taxes applicable on your payments shall be borne by you and will be deducted from any Remuneration payable according to the present terms. You agree to cooperate with us and promptly provide the Company with documents or information evidencing your identity, nationality, residence or tax status as may be needed to determine, reduce or eliminate any applicable withholding or other tax, VAT, duty or levy of any nature. You shall keep updated your tax registration and other information whenever there is a change in circumstances that could impact the taxation or delivery of royalty payments (i.e. changes of address, banking information, contact information, etc.).

2.2 You represent and warrant that you own all rights, title, and interest in and to the Work, including all copyrights, trademarks, patents, rights of privacy, rights of publicity, moral rights, and other proprietary rights (collectively, “IP Rights”), or have all necessary rights and license to grant us the licenses under the Terms. You further represent and warrant that the Work will not infringe the IP Rights of others, contain misleading or false information, or contain any illegal or defamatory content. You will not upload any Work that infringes or violates the IP Rights of any person or entity or that constitutes any libel, slander, or other defamation upon any person or entity. You must also comply with applicable law.

2.3 If the Work contains an image or likeness of an identifiable person, trademark or logo, or certain distinctive property that is protected by IP Rights, you represent and warrant that (A) you have obtained all necessary and valid releases or agreements for each person or property depicted in the Work; and (B) you will promptly provide copies of such releases or agreements to us upon our request.

3. Remuneration

3.1 Each sale you successfully complete, accredits your account with revenue equal to 80% of the purchase amount (“Remuneration”). The purchase amount excludes the payment processing fees. If the sale is canceled, returned or refund, you will not be entitled to receive any Remuneration. Any payment will be conditional on receipt or production by the Company of a valid invoice complying with all applicable legal requirements. Creators shall not be entitled to any further payment.

3.2 We may change the Remuneration with a one-month prior notice. By continuing to submit or upload Works, by not removing Works or by accepting further invoices, you are agreeing to any change in the Remuneration.

3.3 The minimum payment is 100 €. In case the remuneration accrued during any calendar month is less than 100 €, such Remuneration shall be brought forward to the following calendar month until the accumulative remuneration reaches 100 €.

3.4 To withdraw your revenue, you must have an account with at least one of our Payment Service Providers.

4. Term

4.1 The license shall commence on the date of the first upload or submission and shall remain in full force and effect for an period of twelve (12) months (“Initial Term”). After the expiration of this term, the Agreement will automatically renew for successive twelve (12) months renewal terms (“Renewal Term”). Each specific Licensed Work shall remain during the term in force (whether it is an Initial Term or a Renewal Term) after the first upload or submission of such Work.

4.2 You may terminate the Agreement at any time with at least 90 days' prior written notice. Before the termination of the Agreement our users may continue to obtain new licenses to the Work.

4.3 We may terminate the Agreement, remove any Work, or suspend your account, without prior notice. We will have no additional payment obligation if we terminate the Agreement for cause. As way of example and without limitation, the Creator should not:

a) download content for the purpose of artificially inflating the number of downloads of content by a given creator or for the primary purpose of artificially triggering payments.

b) partake in any conduct or action that could damage the image, interests or rights of the Website or third parties

c) sell his Account to another person without our consent.

d) 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 its security or which may in any way interfere with the Website or the Services.

4.4 After termination of the Agreement, any licenses to a Work granted to our users or to us prior to the removal of that Work from the Website or the date of termination of this Agreement will survive. We may continue to use the Work solely for internal archival and reference purposes.

5. Warranties

5.1 Without limiting your obligations in the Terms, you will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, licensees, and licensors (including users) from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to Works or other content that you submit to us, your use of the Website, or your violation of the Terms. We have the right to control the defense of any claim, action, or matter subject to indemnification by you with counsel of our own choosing. You will fully cooperate with us in the defense of any such claim, action, or matter. Any amount that is or may be owed to you under section 3 (Remuneration) above may be offset and reduced by any amount owed by you pursuant to your indemnity obligations hereunder, without demand or notice to you.

5.2 Notwithstanding any legal action or right available, in case of breach of the above warranties or any other provision of this Agreement, or if, in our opinion, there is a risk of any such breach, we shall be entitled to withhold any Remuneration due to you under this Agreement or any other agreement between the parties.

6. Miscellaneous

6.1 We may freely assign this Agreement in part or in full to any affiliate, subsidiary, parent or group company, provided the assignee assumes full responsibility for assigned rights

6.2 In case of any doubt, the License will be interpreted with a view to provide the widest non-exclusive license of rights to the extent permitted by the applicable Law.

6.3 Please note that we reserve the right to modify these terms at any time in our sole discretion, it being understood that no changes shall apply to any pending arbitration proceeding commenced or legal claims asserted prior to such change. We will notify you of any such change by an announcement on this page, your login page, and/or by other means to provide you the opportunity to review the modifications before they become effective. Modifications to these Terms will not apply retroactively. By continuing to submit or upload Works, by not removing Works or by accepting further invoices, you agree to be bound by all such changes. If you do not agree with any of the changes, please remove, pursuant to the terms herein, all or that portion of your Content to which you do not wish the changes to apply.

6.4 According to data protection regulations, Creator is hereby informed and authorizes the processing of its personal data by Company for the purposes of financial, accounting, tax and administrative management of this Agreement. The legal bases are the execution of the contract signed with you for the provision of your services, as well as the fulfillment of legal obligations. Your data will be kept as long as the contractual relationship with you is maintained and then will be blocked during the period in which they may be necessary for the exercise or response to the exercise of legal actions arising from that relationship or its termination. You may use the e-mail address: rpd@freepik.com to contact Freepik´s Data Protection Officer (DPO) or to exercise your rights of access, rectification, erasure and restriction of processing, as well as you can file a complaint with the Spanish Data Protection Agency at any time.

6.5 You acknowledge that we may contact you via e-mail or other means in order to communicate with you regarding our content needs and effective ways for us to work together.

6.6 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.