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 ("Company"). These terms of use ("Terms") govern the access, browsing and use by the users ("User" or "Users", as applicable) of https://checkmypresets.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 the download and use of certain content 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. Likewise, in respect of collection and processing of personal data, the Privacy Policy will apply.
Through the Website, it is offered to the User visual content, like presets, photographs, illustrations, images, files, templates and other pictorial or graphic works in any format, as well as specific information related to such content. The Services may offer contents owned by third parties offered through the Website ("Creators Content"). Creators Content can be hereinafter referred to as the "Website Content" and can be purchased and/or downloaded through the Website.
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, downloads or purchases 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, purchases, accesses or clicks over such content is strictly prohibited under these Terms (including, without limitation, the generation of purchases, 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 cancellation of the User’s account by the Company 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, without the right of reimbursement of any of the amounts paid. 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, in particular, he/she/it will not impersonate another user or person. 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 contents displayed or the Services, which is expressly accepted by the User.
In order to use certain Services, the User must register, creating a username and password and activating an account. To this end, the User must provide a valid email address where the User will receive notifications related to the Services. If the User is a legal entity or business, its username must be its full name or corporate name and the person registering on behalf of the legal entity or business declares that he/she is duly authorized to bind such legal entity or business and that such legal entity or business shall be bound to these Terms. The User agrees to provide the mandatory information required for registration and also acknowledges that such information is true, complete and up to date. The User is solely responsible for keeping such information updated. Should the User provide false, outdated or incomplete information, or should the Company have reasons to suspect it, the Company reserves the right to suspend or cancel the User’s account. The User must protect and keep the account password confidential and must not disclose it to third parties. The User must neither allow other Users to access the Services through the User’s account nor use the account of another User to access the Services. The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another User is using his account, he/she/it should immediately inform the Company. The Company may suspend or cancel the User’s account if it considers that the User has breached these Terms.
The Services allow Users to search for content that may result in Website Content, according to his or her preferences, as well as purchase and download such Website 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.
Creators Contents are offered in the terms stated at the relevant time in the Website, and its use is allowed in the terms set out or referred to in these Terms, as applicable. When offering Creators Content, the Company acts as a mere intermediary between the User that downloads such content and the creator, providing the User with the access to the Creators 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 Creators 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 Company limits itself to solely hosting the Creators Content and, therefore, it has no obligation to edit, select, check, or control the Creators Content nor does it guarantee, approve or necessarily agree with the Creators Content. If you wish to make an enquiry related to the Creators Content or if you believe that the Creators Content violates any rights or does not meet these Terms, or is inappropriate, you can contact the Company as indicated below. The Creators is the sole and exclusive responsible for the Creators Content provided to the Company for storage, publishing and offering to Users through the Website.
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:
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. In accordance with Section 4 above regarding the Creators Contents, the Company acts exclusively as the provider of the storing and intermediation service between the offer of Creators Content and the Users interested in downloading them, without any liability in relation to such contents, except for those cases expressly stated by the applicable law.
All intellectual property rights over the Website belong or are licensed to the Company. The Services, and/or the Website 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, as the appropriate case may be, to the Creators or 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 Website Content or any of its parts, is strictly forbidden. The Creators Content are protected by intellectual property rights, as appropriate, and belong to their owners. If you believe that any content infringes third party rights or does not comply with these Terms, you can report it to the Company as set forth in these Terms.
The Creators and the Company authorizes the User to purchase, download and use the Website Content under the terms of this Section. The Creators, the Company and its licensors reserve all rights over the Website Content not expressly granted in this license to the User. Subject to the fulfillment of these Terms, the Creators 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 purchase, download, use and modify the Website Content, in a device the User owns or controls and only for the purposes and uses allowed in these Terms. The Website Content can only be used to save the presets loaded in the file and to apply them to the User’s own photos, designs, images or other pictorial or graphic works ("User Own Content"). The Website Content itself cannot be sold, distributed, made available, communicated to the public or exploited in any other manner different to the expressly permitted in this Section. The user can sell, distribute or communicate its Own Content, provided the User Own Content does not contain the presets itself. For example, the user can sell one of his photos edited with one of our presets as long as the photo does not contain the preset itself. As a general rule, it is forbidden for a User to authorize any third parties to use the Website Content (or any modification of any content in the Website Content). As an exception to the prohibition, the User may allow third parties to use the Website Content, when each and every of the following conditions are met:
The Creators and the Company authorizes the User to purchase, download and use the Website Content under the terms of this Section. The Creators, the Company and its licensors reserve all rights over the Website Content not expressly granted in this license to the User. Subject to the fulfillment of these Terms, the Creators 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 purchase, download, use and modify the Website Content, in a device the User owns or controls and only for the purposes and uses allowed in these Terms. The Website Content can only be used to save the presets loaded in the file and to apply them to the User’s own photos, designs, images or other pictorial or graphic works ("User Own Content"). The Website Content itself cannot be sold, distributed, made available, communicated to the public or exploited in any other manner different to the expressly permitted in this Section. The user can sell, distribute or communicate its Own Content, provided the User Own Content does not contain the presets itself. For example, the user can sell one of his photos edited with one of our presets as long as the photo does not contain the preset itself. As a general rule, it is forbidden for a User to authorize any third parties to use the Website Content (or any modification of any content in the Website Content). As an exception to the prohibition, the User may allow third parties to use the Website Content, when each and every of the following conditions are met:
The price for the Content is stated in the relevant currency in the Website and includes, if applicable, the relevant Value Added Tax. The Company is entitled to modify the price for any Content at any time. The Company shall apply the price stated in the Website at the time of the purchase order of the Content by the User. As the content in the Website is digital content, no cancellation right shall apply, which is expressly acknowledge and accepted by the Users, without prejudice to the guarantees stated in the consumers’ regulations that may be applicable.
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.
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 https://www.freepik.com/profile/support.
