This license agreement (hereinafter: “License Agreement” or “Agreement”) governs the Licensee’s use of digital content (hereinafter: “Licensed Item” or “Work”),
for which the Licensee obtains a license by means of a purchase through Creatsy.com, managed by Creatsy Spółka z o.o. (hereinafter referred to as “Creatsy” or “Licensor”).
By purchasing, downloading or using the Works, the Licensee acknowledges that they have read this License Agreement and accepts its provisions.
The Licensee represents and acknowledges that by completing the purchase and selecting “place order,” they have read the entire
License Agreement and agrees with its provisions. This Agreement is concluded upon the Licensee’s acceptance of its provisions.
Creatsy offers two types of license agreements, and the one selected by the Licensee at the time of purchase applies to the Licensee’s use of the Works.
Creatsy offers the following types of license agreements:
- Standard Commercial;
- Extended Commercial.
The agreements differ in terms of the scope of the Licensee’s possible use of the Works. If the Licensee does not select an Extended Commercial License, this Agreement shall govern their use of the Works.
This Agreement is entered into by and between:
Creatsy Spółka z ograniczoną odpowiedzialnością, with its registered office in Katowice, Poland (hereinafter referred to as: “Creatsy” or “Licensor”)
the Licensee – a natural person, legal person or entity without legal personality who acquires the Works during the purchase.
If the user acquires the Work on behalf of their employer, only their employer shall be considered the “Licensee” under this Agreement, which means that only they may use the Works under the terms of this Agreement. If the user agrees to the terms of the Agreement on behalf of their employer or other entity, they represent and warrant that they have full right and power to do so. If the user does not have the appropriate authorisation, then the employer may not use the Works in the manner indicated in the Agreement. In addition, in the absence of such authorisation, the user shall be personally liable towards Creatsy for any breach of this Agreement.
This Agreement relates to the granting of a Standard Commercial License, which means that the number of individual users entitled to access and use the Works (in accordance with the provisions of this License Agreement) is equal to the number of users (or sites) selected and paid for at the time of purchase. If the Licensee requires additional users (or sites), they shall purchase additional licenses for the Works.
Limitations on the number of workstations/users apply to the file or Work before processing, not to the final design or product. If more users intend to use the Work, the Licensee shall purchase an additional license for the Works.
Definitions used in this Agreement shall mean:
Commercial Use – any use of the Works that:
is related to the payment of money or other remuneration; or
involves the promotion of the company (regardless of its form of operation), the company’s product or the service provided by the company; or
is aimed at financial gain or other remuneration (revenue).
Only one of the three above criteria must be met for the use to be considered “Commercial.”
Non-Comercial Use (Personal) – any use for solely personal purposes; any use that meets the definition of Commercial use can not be a Non-commercial use.
Distribution Within a Local Market – distribution or display of advertisements within a 200-mile (320 km) radius within the borders of a single nation/country.
Distribution Within a National Market – distribution or display of advertisements beyond a 200-mile (320 km) radius within a single nation/country.
Distribution Within a Global Market – distribution or display of advertisements in more than one country.
License – the license granted to the Works in accordance with this Agreement.
Website – the website maintained at www.creatsy.com
Standard Commercial Use – use under the terms of this Agreement.
Extended Commercial Use – any use for commercial purposes as specified in the extended commercial use license agreement.
Agreement – this License Agreement.
Use – copying, reproducing, modifying, editing, synchronising, playing, displaying, broadcasting, publishing, or other use. Limitations on the use of the Works are indicated in Section VI.
This Agreement sets forth the terms and conditions of the non-exclusive and limited license granted to the Licensee with respect to the Works made available by Creatsy on the Website and purchased by the Licensee. The Works shall be made available for download in the user’s account on the Website. A list of purchased Works with a link to download them shall be sent to the Licensee’s e-mail address.
The Licensor declares that it may grant the license to the extent necessary for the execution of this Agreement and that the use of the Work within the scope of the Agreement does not violate the copyright of the authors of the Works. A Work is protected by copyright and the provisions of other laws. The Licensee acquires only the right to use the Work to the extent specified in this Agreement and does not acquire rights by way of transfer of the author’s economic rights.
All graphics that make up the licensed item are the property of Creatsy or the creators who provided the said content. Any rights not expressly granted in this Agreement are reserved by Creatsy and the providers of the graphics.
The Licensee undertakes to use the Work in a manner that does not violate the law and good practices.
The Works may be used in any manner, but subject to the limitations provided for in this Agreement. Subject to these limitations and the other provisions of this Agreement, the rights granted to the User by Creatsy are:
Perpetual, which means that there is no expiration or termination date for the rights granted to the Licensee to use the Works purchased during the term of the Agreement;
Non-exclusive, which means that the Licensee does not have exclusive rights to use the Works. Creatsy may license the same graphics to others;
Worldwide, which means that the Works may be used anywhere in the world;
Limited in quantity, which means that the Licensee may use the Works in a limited number of projects and on specific media.
The Licensee shall be entitled to send the Works only to:
the server owned and administrated by them;
their cloud storage space, cloud application, or digital asset manager account which is controlled by the Licensee,
in each case solely for the purpose of the Licensee’s use of the Works in accordance with the provisions of the License Agreement.
This Agreement allows only standard commercial or non-commercial use of the Works. Extended commercial use is prohibited. If the Licensee intends to engage in an extended commercial use of the Works, the Licensee is required to purchase an Extended Commercial License.
The Licensee may use the Licensed Work only as expressly provided in this Section V.
An End Use of the Works means use of the Works only as expressly permitted. Any End Use for Commercial use must:
be significantly different than the original the Work,
require time, effort, and skill to produce,
not derive its primary value from the Work itself.
End products
Physical products: The Licensee may create physical end products, such as but not restricted to apparel, invitations, cards, promotional gadgets (stickers, mugs, posters), etc.
Product packaging: The Licensee may create physical or digital packaging for products used for wholesale, such as but not restricted to boxes, labels, containers, stickers.
Digital products: The Licensee may create digital end products for sale, such as static electronic presentations, static graphical interfaces, static designs and static website elements.
Digital or printed publication: The Licensee may use the Works for the purpose of creating digital or printed publications such as e-books, e-publications, cards, invitations, photo albums.
Limitations:
For commercial purposes, no more than 5,000 individual end products or packaging (digital or physical) that will be sold, used, displayed or installed, and which contain the Works, are allowed. If the Licensee requires larger quantities for commercial use, they may consider purchasing an Extended Commercial License.
Digital advertisements (paid or free)
The Licensee may use the Works for the purpose of creating online advertisements, such as ads served by Google Ads, Facebook Ads and LinkedIn Ads, etc. There is no limit to the number of impressions if the Work is used in digital advertisements.
Traditional Physical advertisements (paid or free)
The Licensee may use the Works to create advertising in Local Market. The use includes such advertisements as billboards and print ads.
Limitations:
Local Market means distribution or display of advertisements within a 200-mile (320 km) radius within the borders of a single nation/country.
Transmission and streaming of videos and audio-visual content
The Licensee may use the Works for broadcasting and streaming film and audio-visual works, including advertisements, via network, cable, Internet, satellite, pay-per-view, video-on-demand or streaming services.
Limitations:
No more than 500,000 lifetime viewers.
Social media:
The Licensee may use the Works on:
Personal Social Media for Non-Commercial Use: Where applicable (e.g., for an individual), one (1) personal or individual social media accounts (presence) for Non-commercial use
Company Social Media for Commercial Use: Where applicable (e.g., for companies), one (1) linked corporate social media account owned and administered by the Licensee for commercial use is allowed. A separate license is required for each additional corporate social media account or page.
Limitations:
A post or advertisement containing the Work may be viewed via social media an unlimited number of times.
The rules for the use of works indicated in this section may be available only in the Extended version of the commercial license.
End products
Any use that allows anyone other than the Licensee, such as an end user, to customise a digital or physical end product is prohibited. This includes, but is not limited to, print-on-demand, on-demand or download-on-demand applications.
Advertisements
Physical (printed) advertising for commercial use in national or global markets is prohibited.
Trademarks and copyright
The Work may not be used as part of a trademark, service mark, design mark, trade name or in other similar fashion unless:
the Work will be significantly altered; and
it will not be a dominant component of the end use.
The Licensee may not use the Works (in whole or in part) as a characteristic or distinctive feature of a trademark, design mark, trade name, company name, service mark or logo. In addition, the Licensee may not register (in any jurisdiction) the Work (in whole or in part) as a trademark, or rely on such registration, prior use and/or good faith acquisition to prevent any third party from using the provided Works or any similar content (including by Creatsy, Creatsy’s customers or the holder of copyright to such content).
The Licensee may not treat the Works (or modifications thereof) as their own copyrighted work (original Works must be excluded in any copyright registration).
Future Technologies
The License is limited to the expressly permitted uses set forth in this License Agreement. Future technologies, fields of exploitation, and applications are expressly reserved and are outside the scope of this Agreement.
Under this Agreement, the Licensee may not:
resell or sublicense the Works or any modification thereof in the form of source files;
resell or sublicense the Works or modifications thereof in a manner that is in direct competition with the original Works (e.g., as stock or templates);
publicise or make the Works available in any manner that allows others to download or redistribute the Works as stand-alone files;
use the Works in pornographic, immoral, infringing, illegal, harassing, offensive or defamatory materials, including unlawful materials, which violate applicable laws or industry codes, that:
may pose a risk of harm, loss, physical or mental injury, emotional upset, death, disability, disfigurement or physical or mental illness to the user, other person, or animal;
may pose a risk of any other loss or damage of or to any person or property;
aim to harm or abuse children by exposing them to inappropriate content;
may constitute or contribute to the commission of a crime or tort;
contain any information or content that is considered unlawful, harmful, offensive, racially or ethnically insulting, defamatory, infringing, invasive of privacy or publicity rights, harassing, demeaning to others (publicly or otherwise), libellous, threatening, profane or otherwise inappropriate;
contain any information or content that is unlawful (including, without limitation, disclosure of confidential information under laws governing securities, or trade secrets of another party);
contain any information or content that the user may not share under the law or under contractual or fiduciary relationships;
contain any information or content that is known not to be correct and up-to-date;
promote racism, hatred or physical harm of any kind against any group or person.
Any other use of the Works that is not expressly permitted in Section V (Permitted Use and Limitations) is prohibited.
The Licensee may not use the Works in content for commercial, promotional, or advertising purposes, or in sponsored articles, to promote gambling, betting or gaming, or for commercial purposes.
The Licensee may not use the Works in a way that would allow others to download, extract or redistribute the content as a stand-alone file.
The Licensee may not misrepresent that they are the original creator of a work consisting substantially of the Licensed Works (e.g., the Licensee may not create an image based solely on the Licensed Works and claim to be the author thereof, and may not misrepresent the authorship and/or ownership of the Works).
Third-party use of the Works requires a separate license.
The rights granted to Licensee are non-transferable and non-sublicensable, which means that the Licensee may not transfer these rights to another person or grant sublicenses to any other person, except for the limited rights to grant sublicenses described in paragraph 3 below.
The Licensee may grant a limited sublicense. The Licensee may sublicense the Works to third parties only in the following situations:
if the Works are sublicensed for the purpose of manufacturing, marketing, or distributing finished end products that utilise the Works (as expressly permitted herein), and if this is done on behalf of Licensee, provided that a sublicense may be granted only on the condition that the sublicensee does not obtain, reproduce, or otherwise use the Works, and that the Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and shall remain liable under this Agreement for any breach of its terms by the sublicensee (e.g., the Licensee may use contractors to manufacture or distribute physical products for resale or product packaging. The Licensee may also use third parties, such as hosting providers – to host the created website – or website publishers – to display completed digital advertisements);
if the Works are sublicensed to a contractor acting as a subcontractor of the Licensee who provides services to the Licensee, provided that:
the Licensee shall at all times ensure compliance with its terms and conditions by the sublicensee and shall remain fully liable for any failure on the part of the contractor to comply with such terms and conditions, and that
the Licensee has purchased a sufficient number of sites for the Licensed Work (e.g., each individual requiring a license);
the subcontractor may not use the Works for any other purpose;
if the Works are sublicensed to the customer of the Licensee to whom the Licensee transfers the finished end use (such as a completed website, advertisement, product or product packaging). In such case, the sublicense may be granted only on the condition that the sublicensee shall not download, reproduce or use the Works in any other way than that which is necessary for the end use of the product provided by the Licensee to the customer. The Licensee shall at all times ensure compliance with the terms of this Agreement by the sublicensee and shall remain fully liable for failure to comply with is terms.
The Licensee may identify the author of the Work by providing a link to the site www.creatsy.com and/or Creatsy’s social media account and/or by using the #madewithcreatsy sign.
All digital content available on the Website, including but not limited to Licensed Works, is protected by Polish and international copyright laws and other laws and agreements. As between the Licensee and Creatsy, Creatsy retains ownership of the Works but grants the Licensee limited, non-exclusive, non-transferable and non-sublicensable (except as expressly permitted in Section VIII) rights to use the Works as expressly set forth above, subject to the terms and conditions set forth in this Agreement.
The Licensee may not claim any ownership rights to the Works or any rights to revenue from collecting societies for photocopying, digital copying or other secondary use of the Works. Any reference to the “purchase” or “sale” (or similar expressions) of Works shall refer only to the purchase of a limited license and not to the purchase of the copyright or the Work itself. The Licensee’s ownership of the medium and/or device on which the Works in question are recorded, if any, is separate from the ownership, title or interest of, to or in the Work itself, and the Agreement does not grant the Licensee this right. This Agreement does not grant the Licensee any trademark rights or any other intellectual property rights (other than the license expressly stated in the text of the Agreement) to the Works.
Termination of the Agreement
Creatsy may terminate this Agreement at any time if the Licensee violates any term of this Agreement. In this case, the Licensee must immediately:
cease and desist using the Works;
remove or destroy any copies;
at Creatsy’s request, confirm in writing that they have complied with the above requirements.
Creatsy may also terminate the Agreement due to the misuse of the Works on social media if the Licensee uses the Works on social media or any other third-party website, and such service or website uses (or announces that it plans to use) the Works for its own purposes or in a manner inconsistent with this Agreement. In this case, the Agreement shall be immediately terminated.
Withdrawal of Works
At any time, Creatsy may discontinue licensing the Licensed Works at its sole discretion.
Upon receiving a notice from Creatsy or becoming aware that any Licensed Works may be subject to a third-party infringement claim for which Creatsy may be liable, the Licensee may be required by Creatsy to immediately and at its own expense:
cease and desist using the said Works;
remove or destroy any copies thereof and guarantee that their customers, distributors or employers would do the same.
In the situation under letter (b), Creatsy will provide replacement content (as determined by Creatsy at its sole discretion) to the Licensee free of charge, as its sole obligation, subject to the remaining terms and conditions of this Agreement.
Audit
The Licensee, upon receipt of an appropriate request from Creatsy, agrees to provide Creatsy with sample copies of projects or final products containing the licensed Works. The Licensee shall be obligated to grant Creatsy free access to websites or platforms with protected or restricted access where the Works are used/accessed.
In addition, upon the Licensee’s receipt of a demand from Creatsy, Creatsy may at its sole discretion inspect the Licensee’s records directly relating to this Agreement and the use of the Licensed Works in order to verify the Licensee’s compliance with the terms of this Agreement, doing so with the help of its own employees or an external company. If any inspection reveals an underpayment to Creatsy of five percent (5%) or more of the amount owed by the Licensee, in addition to the payment of the amount owed to Creatsy, the Licensee shall also reimburse Creatsy with any inspection costs incurred by Creatsy.
In the event that Creatsy becomes reasonably informed that the Works have been used by the Licensee in violation of the scope of the license granted hereunder, the Licensee shall, upon Creatsy’s request, provide Creatsy with a statement of compliance with the provisions of this Agreement signed by the Licensee in a form prescribed by Creatsy.
Warranty disclaimer
The Licensee uses the Licensed Works at their own risk. Unless otherwise agreed by the Parties in a separate written agreement, the Licensor shall make the Work available in the form in which the Licensee has become acquainted with it (the Licensed Work shall be delivered “as is” and “as available”) and shall not make any additional warranties or guarantees, express or implied, including but not limited to title or use. Creatsy hereby disclaims any warranties, express or implied, statutory, including commercial, non-infringement and fitness for a particular purpose. Creatsy does not guarantee that the Works will meet the Licensee’s requirements or that the use of the Works will be uninterrupted or error-free. In no event shall Creatsy be liable in contract or tort towards the Licensee, except for liability under applicable law, for any special, incidental or consequential damage arising out of the application of this license or use of the Work. The foregoing shall not affect warranties that cannot be excluded or limited under generally applicable laws.
Limitation of liability
Creatsy, its agents, employees, officers, shareholders, directors or suppliers shall not be liable towards the Licensee or any other entity for any ordinary, punitive, special, indirect, consequential or incidental damages, or for the loss of profit or other damages, costs or losses resulting from the Licensee’s use of the visual content, Creatsy’s breach of this Agreement or otherwise, except as expressly provided herein, even if Creatsy has been advised that such damages, costs or losses may arise.
The Licensor shall not be liable for third-party claims arising in connection with the use of the Works not related to copyright.
In no event shall Creatsy, its service providers, or employees be liable for damage of any kind, regardless of legal basis, arising out of or in connection with this Agreement, including, without limitation, because of the use or inability to use the Licensed Works, including any indirect, special, incidental, consequential damage, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profit, loss of business activity or anticipated savings, loss of use, loss of data. In no event shall the amount which Creatsy is liable to pay for damage of any kind, pursuant to any legal basis, arising out of or in connection with this Agreement, including, without limitation, because of the use or inability to use the Works, exceed the fees that the Licensee has paid for the Licensed Works. The above shall not affect the liability which may not be excluded or limited in accordance with generally applicable provisions of law.
Exemption of liability
The Licensee agrees to defend, indemnify, and hold Creatsy and its agents and employees harmless from and against any and all damage, liabilities and expenses (including all reasonable legal fees with attorneys’ remuneration included) arising directly or indirectly from:
a breach or alleged breach of this Agreement by the Licensee (or anyone acting on the Licensee’s behalf); or
the use of the Works in violation of laws, rules or regulations; or
the use of the Works in violation of third-party rights, if such violations result from modifications of the Works.
All matters relating to the Works and the Agreement and any disputes or claims arising out of or in connection therewith (in each case, including, without limitation, non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Poland, without prejudice to any rules or principles governing choice or conflict of law, except to the extent prohibited by law. Any suit, action or legal proceedings arising out of or relating to the Works or this Agreement shall be instituted exclusively in the courts of Poland, with Creatsy reserving the right to bring a suit or action or institute proceedings against the Licensee for a breach of this Agreement in the Licensee’s country of residence or any other relevant country. The Licensee waives any objection to the exercise of jurisdiction over it by such courts and to the territorial competence of such courts to the maximum extent permitted by law.
In matters not regulated by this Agreement, the provisions of the Polish Civil Code and the Law on Copyright and Related Rights shall apply.
This Agreement binds the Licensee personally, and all rights and obligations hereunder shall not be transferable by the Licensee without Creatsy’s prior written consent. Creatsy may assign all of its rights and obligations under this Agreement without notice or consent to any affiliated entity that is a legal person or to a successor, provided that such entity agrees to comply with its terms.
The Licensee agrees to preserve the copyright symbol (copyright designation), the name of Creatsy, the content identification number, and any other information embedded in the electronic file indicating the origin of the content, and to maintain an appropriate level of security to protect the content from unauthorised use by third parties. The Licensee may create one (1) backup copy of the content.
If one or more provisions contained in this Agreement are found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent that makes them enforceable.
No act by either party, other than an express waiver of their rights served in writing, shall be deemed a waiver of rights to enforce any provision formulated in this Agreement.
Any notices sent to Creatsy under this Agreement shall be sent electronically to info@creatsy.com; any notices to the Licensee shall be sent electronically to the e-mail address specified in the Licensee’s account.
This Agreement, together with the Terms of Use, constitutes a single and complete agreement between the Licensor and the Licensee with respect to the Works and supersedes all prior arrangements, agreements, representations and warranties, both written and oral, with respect to the Works. In case of a conflict between the Terms of Use and this Agreement, the provisions of the Agreement shall prevail.
Creatsy may amend the Agreement by posting an updated version on the Website. Purchases shall be subject to the version of the Agreement that is currently applicable and posted on the Website at the time of the Licensee’s purchase (even if the Licensed Works are downloaded after the Agreement has been updated). Updated versions of the Agreement shall not apply to purchases made prior to their posting on the Website, unless:
the Licensee shall be notified of the possibility of applying the updated terms and conditions to previous purchases and expressly agrees to do so, or
such change shall not violate any of the Licensee’s rights, and Creatsy shall notify the Licensee of the changes and of the fact that they will apply retroactively.
The Agreement is effective indefinitely from 1 February 2023.
This license agreement (hereinafter: “License Agreement” or “Agreement”) governs the Licensee’s use of digital content (hereinafter: “Licensed Item” or “Work”),
for which the Licensee obtains a license by means of a purchase through Creatsy.com, managed by Creatsy Spółka z o.o. (hereinafter referred to as “Creatsy” or “Licensor”).
By purchasing, downloading or using the Works, the Licensee acknowledges that they have read this License Agreement and accepts its provisions.
The Licensee represents and acknowledges that by completing the purchase and selecting “place order,” they have read the entire
License Agreement and agrees with its provisions. This Agreement is concluded upon the Licensee’s acceptance of its provisions.
Creatsy offers two types of license agreements, and the one selected by the Licensee at the time of purchase applies to the Licensee’s use of the Works.
Creatsy offers the following types of license agreements:
- Standard Commercial;
- Extended Commercial.
The agreements differ in terms of the scope of the Licensee’s possible use of the Works. If the Licensee does not select an Standard Commercial License, this Agreement shall govern their use of the Works.
This Agreement is entered into by and between:
Creatsy Spółka z ograniczoną odpowiedzialnością, with its registered office in Katowice, Poland (hereinafter referred to as: “Creatsy” or “Licensor”)
the Licensee – a natural person, legal person or entity without legal personality who acquires the Works during the purchase.
If the user acquires the Work on behalf of their employer, only their employer shall be considered the “Licensee” under this Agreement, which means that only they may use the Works under the terms of this Agreement. If the user agrees to the terms of the Agreement on behalf of their employer or other entity, they represent and warrant that they have full right and power to do so. If the user does not have the appropriate authorisation, then the employer may not use the Works in the manner indicated in the Agreement. In addition, in the absence of such authorisation, the user shall be personally liable towards Creatsy for any breach of this Agreement.
This Agreement relates to the granting of a Extended Commercial License, which means that the number of individual users entitled to access and use the Works (in accordance with the provisions of this License Agreement) is equal to the number of users (or sites) selected and paid for at the time of purchase. If the Licensee requires additional users (or sites), they shall purchase additional licenses for the Works.
Limitations on the number of workstations/users apply to the file or Work before processing, not to the final design or product. If more users intend to use the Work, the Licensee shall purchase an additional license for the Works.
Definitions used in this Agreement shall mean:
Commercial Use – any use of the Works that:
is related to the payment of money or other remuneration; or
involves the promotion of the company (regardless of its form of operation), the company’s product or the service provided by the company; or
is aimed at financial gain or other remuneration (revenue).
Only one of the three above criteria must be met for the use to be considered “Commercial.”
Non-Comercial Use (Personal) – any use for solely personal purposes; any use that meets the definition of Commercial use can not be a Non-commercial use.
Distribution Within a Local Market – distribution or display of advertisements within a 200-mile (320 km) radius within the borders of a single nation/country.
Distribution Within a National Market – distribution or display of advertisements beyond a 200-mile (320 km) radius within a single nation/country.
Distribution Within a Global Market – distribution or display of advertisements in more than one country.
License – the license granted to the Works in accordance with this Agreement.
Website – the website maintained at www.creatsy.com
Standard Commercial Use – any use for commercial and non-commercial purposes as specified in the standard commercial use license agreement
Extended Commercial Use – use under the terms of this Agreement.
Agreement – this License Agreement.
Use – copying, reproducing, modifying, editing, synchronising, playing, displaying, broadcasting, publishing, or other use. Limitations on the use of the Works are indicated in Section VI.
This Agreement sets forth the terms and conditions of the non-exclusive and limited license granted to the Licensee with respect to the Works made available by Creatsy on the Website and purchased by the Licensee. The Works shall be made available for download in the user’s account on the Website. A list of purchased Works with a link to download them shall be sent to the Licensee’s e-mail address.
The Licensor declares that it may grant the license to the extent necessary for the execution of this Agreement and that the use of the Work within the scope of the Agreement does not violate the copyright of the authors of the Works. A Work is protected by copyright and the provisions of other laws. The Licensee acquires only the right to use the Work to the extent specified in this Agreement and does not acquire rights by way of transfer of the author’s economic rights.
All graphics that make up the licensed item are the property of Creatsy or the creators who provided the said content. Any rights not expressly granted in this Agreement are reserved by Creatsy and the providers of the graphics.
The Licensee undertakes to use the Work in a manner that does not violate the law and good practices.
The Works may be used in any manner, but subject to the limitations provided for in this Agreement. Subject to these limitations and the other provisions of this Agreement, the rights granted to the User by Creatsy are:
Perpetual, which means that there is no expiration or termination date for the rights granted to the Licensee to use the Works purchased during the term of the Agreement;
Non-exclusive, which means that the Licensee does not have exclusive rights to use the Works. Creatsy may license the same graphics to others;
Worldwide, which means that the Works may be used anywhere in the world;
Limited in quantity, which means that the Licensee may use the Works in a limited number of projects and on specific media.
The Licensee shall be entitled to send the Works only to:
the server owned and administrated by them;
their cloud storage space, cloud application, or digital asset manager account which is controlled by the Licensee,
in each case solely for the purpose of the Licensee’s use of the Works in accordance with the provisions of the License Agreement.
This Agreement allows extended commercial or non-commercial use of the Works.
The Licensee may use the Licensed Work only as expressly provided in this Section V.
An End Use of the Works means use of the Works only as expressly permitted. Any End Use for Commercial use must:
be significantly different than the original the Work,
require time, effort, and skill to produce,
not derive its primary value from the Work itself.
End products
Physical products: The Licensee may create physical end products, such as but not restricted to apparel, invitations, cards, promotional gadgets (stickers, mugs, posters), etc.
Product packaging: The Licensee may create physical or digital packaging for products used for wholesale, such as but not restricted to boxes, labels, containers, stickers.
Digital products: The Licensee may create digital end products for sale, such as static electronic presentations, static graphical interfaces, static designs and static website elements.
Digital or printed publication: The Licensee may use the Works for the purpose of creating digital or printed publications such as e-books, e-publications, cards, invitations, photo albums.
Limitations:
For commercial purposes, no more than 250,000 individual end products or packaging (digital or physical) that will be sold, used, displayed or installed, and which contain the Works, are allowed.
If the Licensee requires larger quantities for commercial use, they shall purchase an additional Extended Commercial License for the Works.
Digital advertisements (paid or free)
The Licensee may use the Works for the purpose of creating online advertisements, such as ads served by Google Ads, Facebook Ads and LinkedIn Ads, etc. There is no limit to the number of impressions if the Work is used in digital advertisements.
Traditional Physical advertisements (paid or free)
The Licensee may use the Works to create advertising in Local Market, National Market and Global Market. The use includes such advertisements as billboards and print ads.
Limitations:
Local Market means distribution or display of advertisements within a 200-mile (320 km) radius
within the borders of a single nation/country. National Market means distribution or display of
advertisements beyond a 200-mile (320 km) radius within a single nation/country. Global Market means distribution or display of advertisements in more than one country.
Transmission and streaming of videos and audio-visual content
The Licensee may use the Works for broadcasting and streaming film and audio-visual works, including advertisements, via network, cable, Internet, satellite, pay-per-view, video-on-demand or streaming services.
Limitations:
No limit on the lifetime viewers.
Social media:
The Licensee may use the Works on:
Personal Social Media for Non-Commercial Use: Where applicable (e.g., for an individual), one (1) personal or individual social media accounts (presence) for Non-commercial use
Company Social Media for Commercial Use: Where applicable (e.g., for companies), all Licensee owned and managed company social media accounts are allowed for Commercial use. No limit on accounts and pages owned and managed by the Licensee for Commercial use.
Limitations:
A post or advertisement containing the Work may be viewed via social media an unlimited number of times.
End products
Any use that allows anyone other than the Licensee, such as an end user, to customise a digital or physical end product is prohibited. This includes, but is not limited to, print-on-demand, on-demand or download-on-demand applications.
Trademarks and copyright
The Work may not be used as part of a trademark, service mark, design mark, trade name or in other similar fashion unless:
the Work will be significantly altered; and
it will not be a dominant component of the end use.
The Licensee may not use the Works (in whole or in part) as a characteristic or distinctive feature of a trademark, design mark, trade name, company name, service mark or logo. In addition, the Licensee may not register (in any jurisdiction) the Work (in whole or in part) as a trademark, or rely on such registration, prior use and/or good faith acquisition to prevent any third party from using the provided Works or any similar content (including by Creatsy, Creatsy’s customers or the holder of copyright to such content).
The Licensee may not treat the Works (or modifications thereof) as their own copyrighted work (original Works must be excluded in any copyright registration).
Future Technologies
The License is limited to the expressly permitted uses set forth in this License Agreement. Future technologies, fields of exploitation, and applications are expressly reserved and are outside the scope of this Agreement.
Under this Agreement, the Licensee may not:
resell or sublicense the Works or any modification thereof in the form of source files;
resell or sublicense the Works or modifications thereof in a manner that is in direct competition with the original Works (e.g., as stock or templates);
publicise or make the Works available in any manner that allows others to download or redistribute the Works as stand-alone files;
use the Works in pornographic, immoral, infringing, illegal, harassing, offensive or defamatory materials, including unlawful materials, which violate applicable laws or industry codes, that:
may pose a risk of harm, loss, physical or mental injury, emotional upset, death, disability, disfigurement or physical or mental illness to the user, other person, or animal;
may pose a risk of any other loss or damage of or to any person or property;
aim to harm or abuse children by exposing them to inappropriate content;
may constitute or contribute to the commission of a crime or tort;
contain any information or content that is considered unlawful, harmful, offensive, racially or ethnically insulting, defamatory, infringing, invasive of privacy or publicity rights, harassing, demeaning to others (publicly or otherwise), libellous, threatening, profane or otherwise inappropriate;
contain any information or content that is unlawful (including, without limitation, disclosure of confidential information under laws governing securities, or trade secrets of another party);
contain any information or content that the user may not share under the law or under contractual or fiduciary relationships;
contain any information or content that is known not to be correct and up-to-date;
promote racism, hatred or physical harm of any kind against any group or person.
Any other use of the Works that is not expressly permitted in Section V (Permitted Use and Limitations) is prohibited.
The Licensee may not use the Works in content for commercial, promotional, or advertising purposes, or in sponsored articles, to promote gambling, betting or gaming, or for commercial purposes.
The Licensee may not use the Works in a way that would allow others to download, extract or redistribute the content as a stand-alone file.
The Licensee may not misrepresent that they are the original creator of a work consisting substantially of the Licensed Works (e.g., the Licensee may not create an image based solely on the Licensed Works and claim to be the author thereof, and may not misrepresent the authorship and/or ownership of the Works).
Third-party use of the Works requires a separate license.
The rights granted to Licensee are non-transferable and non-sublicensable, which means that the Licensee may not transfer these rights to another person or grant sublicenses to any other person, except for the limited rights to grant sublicenses described in paragraph 3 below.
The Licensee may grant a limited sublicense. The Licensee may sublicense the Works to third parties only in the following situations:
if the Works are sublicensed for the purpose of manufacturing, marketing, or distributing finished end products that utilise the Works (as expressly permitted herein), and if this is done on behalf of Licensee, provided that a sublicense may be granted only on the condition that the sublicensee does not obtain, reproduce, or otherwise use the Works, and that the Licensee shall at all times ensure compliance with the terms of this License Agreement by the sublicensee and shall remain liable under this Agreement for any breach of its terms by the sublicensee (e.g., the Licensee may use contractors to manufacture or distribute physical products for resale or product packaging. The Licensee may also use third parties, such as hosting providers – to host the created website – or website publishers – to display completed digital advertisements);
if the Works are sublicensed to a contractor acting as a subcontractor of the Licensee who provides services to the Licensee, provided that:
the Licensee shall at all times ensure compliance with its terms and conditions by the sublicensee and shall remain fully liable for any failure on the part of the contractor to comply with such terms and conditions, and that
the Licensee has purchased a sufficient number of sites for the Licensed Work (e.g., each individual requiring a license);
the subcontractor may not use the Works for any other purpose;
if the Works are sublicensed to the customer of the Licensee to whom the Licensee transfers the finished end use (such as a completed website, advertisement, product or product packaging). In such case, the sublicense may be granted only on the condition that the sublicensee shall not download, reproduce or use the Works in any other way than that which is necessary for the end use of the product provided by the Licensee to the customer. The Licensee shall at all times ensure compliance with the terms of this Agreement by the sublicensee and shall remain fully liable for failure to comply with is terms.
The Licensee may identify the author of the Work by providing a link to the site www.creatsy.com and/or Creatsy’s social media account and/or by using the #madewithcreatsy sign.
All digital content available on the Website, including but not limited to Licensed Works, is protected by Polish and international copyright laws and other laws and agreements. As between the Licensee and Creatsy, Creatsy retains ownership of the Works but grants the Licensee limited, non-exclusive, non-transferable and non-sublicensable (except as expressly permitted in Section VIII) rights to use the Works as expressly set forth above, subject to the terms and conditions set forth in this Agreement.
The Licensee may not claim any ownership rights to the Works or any rights to revenue from collecting societies for photocopying, digital copying or other secondary use of the Works. Any reference to the “purchase” or “sale” (or similar expressions) of Works shall refer only to the purchase of a limited license and not to the purchase of the copyright or the Work itself. The Licensee’s ownership of the medium and/or device on which the Works in question are recorded, if any, is separate from the ownership, title or interest of, to or in the Work itself, and the Agreement does not grant the Licensee this right. This Agreement does not grant the Licensee any trademark rights or any other intellectual property rights (other than the license expressly stated in the text of the Agreement) to the Works.
Termination of the Agreement
Creatsy may terminate this Agreement at any time if the Licensee violates any term of this Agreement. In this case, the Licensee must immediately:
cease and desist using the Works;
remove or destroy any copies;
at Creatsy’s request, confirm in writing that they have complied with the above requirements.
Creatsy may also terminate the Agreement due to the misuse of the Works on social media if the Licensee uses the Works on social media or any other third-party website, and such service or website uses (or announces that it plans to use) the Works for its own purposes or in a manner inconsistent with this Agreement. In this case, the Agreement shall be immediately terminated.
Withdrawal of Works
At any time, Creatsy may discontinue licensing the Licensed Works at its sole discretion.
Upon receiving a notice from Creatsy or becoming aware that any Licensed Works may be subject to a third-party infringement claim for which Creatsy may be liable, the Licensee may be required by Creatsy to immediately and at its own expense:
cease and desist using the said Works;
remove or destroy any copies thereof and guarantee that their customers, distributors or employers would do the same.
In the situation under letter (b), Creatsy will provide replacement content (as determined by Creatsy at its sole discretion) to the Licensee free of charge, as its sole obligation, subject to the remaining terms and conditions of this Agreement.
Audit
The Licensee, upon receipt of an appropriate request from Creatsy, agrees to provide Creatsy with sample copies of projects or final products containing the licensed Works. The Licensee shall be obligated to grant Creatsy free access to websites or platforms with protected or restricted access where the Works are used/accessed.
In addition, upon the Licensee’s receipt of a demand from Creatsy, Creatsy may at its sole discretion inspect the Licensee’s records directly relating to this Agreement and the use of the Licensed Works in order to verify the Licensee’s compliance with the terms of this Agreement, doing so with the help of its own employees or an external company. If any inspection reveals an underpayment to Creatsy of five percent (5%) or more of the amount owed by the Licensee, in addition to the payment of the amount owed to Creatsy, the Licensee shall also reimburse Creatsy with any inspection costs incurred by Creatsy.
In the event that Creatsy becomes reasonably informed that the Works have been used by the Licensee in violation of the scope of the license granted hereunder, the Licensee shall, upon Creatsy’s request, provide Creatsy with a statement of compliance with the provisions of this Agreement signed by the Licensee in a form prescribed by Creatsy.
Warranty disclaimer
The Licensee uses the Licensed Works at their own risk. Unless otherwise agreed by the Parties in a separate written agreement, the Licensor shall make the Work available in the form in which the Licensee has become acquainted with it (the Licensed Work shall be delivered “as is” and “as available”) and shall not make any additional warranties or guarantees, express or implied, including but not limited to title or use. Creatsy hereby disclaims any warranties, express or implied, statutory, including commercial, non-infringement and fitness for a particular purpose. Creatsy does not guarantee that the Works will meet the Licensee’s requirements or that the use of the Works will be uninterrupted or error-free. In no event shall Creatsy be liable in contract or tort towards the Licensee, except for liability under applicable law, for any special, incidental or consequential damage arising out of the application of this license or use of the Work. The foregoing shall not affect warranties that cannot be excluded or limited under generally applicable laws.
Limitation of liability
Creatsy, its agents, employees, officers, shareholders, directors or suppliers shall not be liable towards the Licensee or any other entity for any ordinary, punitive, special, indirect, consequential or incidental damages, or for the loss of profit or other damages, costs or losses resulting from the Licensee’s use of the visual content, Creatsy’s breach of this Agreement or otherwise, except as expressly provided herein, even if Creatsy has been advised that such damages, costs or losses may arise.
The Licensor shall not be liable for third-party claims arising in connection with the use of the Works not related to copyright.
In no event shall Creatsy, its service providers, or employees be liable for damage of any kind, regardless of legal basis, arising out of or in connection with this Agreement, including, without limitation, because of the use or inability to use the Licensed Works, including any indirect, special, incidental, consequential damage, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profit, loss of business activity or anticipated savings, loss of use, loss of data. In no event shall the amount which Creatsy is liable to pay for damage of any kind, pursuant to any legal basis, arising out of or in connection with this Agreement, including, without limitation, because of the use or inability to use the Works, exceed the fees that the Licensee has paid for the Licensed Works. The above shall not affect the liability which may not be excluded or limited in accordance with generally applicable provisions of law.
Exemption of liability
The Licensee agrees to defend, indemnify, and hold Creatsy and its agents and employees harmless from and against any and all damage, liabilities and expenses (including all reasonable legal fees with attorneys’ remuneration included) arising directly or indirectly from:
a breach or alleged breach of this Agreement by the Licensee (or anyone acting on the Licensee’s behalf); or
the use of the Works in violation of laws, rules or regulations; or
the use of the Works in violation of third-party rights, if such violations result from modifications of the Works.
All matters relating to the Works and the Agreement and any disputes or claims arising out of or in connection therewith (in each case, including, without limitation, non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Poland, without prejudice to any rules or principles governing choice or conflict of law, except to the extent prohibited by law. Any suit, action or legal proceedings arising out of or relating to the Works or this Agreement shall be instituted exclusively in the courts of Poland, with Creatsy reserving the right to bring a suit or action or institute proceedings against the Licensee for a breach of this Agreement in the Licensee’s country of residence or any other relevant country. The Licensee waives any objection to the exercise of jurisdiction over it by such courts and to the territorial competence of such courts to the maximum extent permitted by law.
In matters not regulated by this Agreement, the provisions of the Polish Civil Code and the Law on Copyright and Related Rights shall apply.
This Agreement binds the Licensee personally, and all rights and obligations hereunder shall not be transferable by the Licensee without Creatsy’s prior written consent. Creatsy may assign all of its rights and obligations under this Agreement without notice or consent to any affiliated entity that is a legal person or to a successor, provided that such entity agrees to comply with its terms.
The Licensee agrees to preserve the copyright symbol (copyright designation), the name of Creatsy, the content identification number, and any other information embedded in the electronic file indicating the origin of the content, and to maintain an appropriate level of security to protect the content from unauthorised use by third parties. The Licensee may create one (1) backup copy of the content.
If one or more provisions contained in this Agreement are found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent that makes them enforceable.
No act by either party, other than an express waiver of their rights served in writing, shall be deemed a waiver of rights to enforce any provision formulated in this Agreement.
Any notices sent to Creatsy under this Agreement shall be sent electronically to info@creatsy.com; any notices to the Licensee shall be sent electronically to the e-mail address specified in the Licensee’s account.
This Agreement, together with the Terms of Use, constitutes a single and complete agreement between the Licensor and the Licensee with respect to the Works and supersedes all prior arrangements, agreements, representations and warranties, both written and oral, with respect to the Works. In case of a conflict between the Terms of Use and this Agreement, the provisions of the Agreement shall prevail.
Creatsy may amend the Agreement by posting an updated version on the Website. Purchases shall be subject to the version of the Agreement that is currently applicable and posted on the Website at the time of the Licensee’s purchase (even if the Licensed Works are downloaded after the Agreement has been updated). Updated versions of the Agreement shall not apply to purchases made prior to their posting on the Website, unless:
the Licensee shall be notified of the possibility of applying the updated terms and conditions to previous purchases and expressly agrees to do so, or
such change shall not violate any of the Licensee’s rights, and Creatsy shall notify the Licensee of the changes and of the fact that they will apply retroactively.
The Agreement is effective indefinitely from 1 February 2023.