Terms of Service

Last updated: February 25, 2025

The basics

Welcome to Thefreepic. Thefreepic stands for sharing creative royalty-free content. These Terms of Service (“Terms”) apply to the thefreepic.com website and other Thefreepic-operated services (collectively, the “Service(s)”).

These Terms govern the relationship between Thefreepic(Name of Enterprise: IGRAPHICS), an Indian graphics design company (“we”, “our” or “Thefreepic”) and any user of the Service (“you”, “your” or “User”), including in certain circumstances, the relationship between Users. By using the Service (including by downloading and using Content from the Service or Communications to the Service):

• you agree that you are entering into these Terms with us which will become a legally binding agreement between you and us; and

• you represent and warrant that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations listed in these Terms.

If you don’t agree to these Terms, please don’t use the Service.

Children may not access or use the Service unless their use is directly authorised by their parent, guardian or another authorised adult who agrees to be bound by these Terms. For the purposes of these Terms, a child is a person under the age of 13 (or the minimum legal age required to provide consent for processing of personal data in the country where the child is located).

We reserve the right, at our sole discretion, to change or modify these Terms at any time, including the right to cancel or change the licenses granted by these Terms. If we do this, we will post the most current version of these Terms on this page. We will seek to provide you with reasonable notice of any change to the Terms that, in our sole determination, materially adversely affect your rights or your use of the Service. We may provide you with this notice via the Service and/or by direct message on the Service and/or by posting on Thefreepic’s public forum. By continuing to use the Service after any revised Terms become effective, you agree to be bound by the new Terms.

Content

In these Terms when we refer to “Content” we are referring to the content which is available on, or uploaded to, the Service, but excluding any third party paid advertising or sponsored content (over which Thefreepic has no control and we do not grant any license). Content includes, but isn’t limited to the following items:

• “Images”, which means photographs, vector graphics, drawings and illustrations.

and includes any associated text, captions, descriptions or metadata.

Content License granted to you for Content

Subject to the Prohibited Uses described below (which you agree and acknowledge you are not entitled to engage in), when you download any Content from the Service, we grant you an irrevocable, worldwide, perpetual (or as long as allowed by law), non-exclusive and royalty-free right to download, use, copy, modify or adapt the Content for commercial or non-commercial purposes (‘Content License’). The rights granted are non-exclusive, meaning that we may also grant other users the same rights in the same Content. For the avoidance of doubt, you do not obtain any rights in any other users’ Communications.

You agree and acknowledge that the following items are “Prohibited Uses” and the Content License which we grant to you is conditional on you not engaging in any of the Prohibited Uses.

• You cannot sell or distribute the Content (either in digital or physical form) on a Standalone basis. This includes selling or distributing Content on a Standalone basis as an image or other digital file (including through a stock media platform), as well as a print, wallpaper, poster or on merchandise or on other physical products.

When we refer to “Standalone” we mean where no creative effort has been applied to the Content and it remains in substantially the same form as it exists on the Service. To help illustrate this, here are some examples:

• using the Content in its original form or solely using a filter, changing colors, resizing or cropping the Content remains Standalone use.

• using the Content with a combination of images, videos, audio files, other media, text, illustrations, background features and editing techniques is not Standalone use, so long as the combined effect is to make a “new” creative work.

• If Content depicts any trademarks, logos or brands (whether two- or three-dimensional), you cannot use that Content for commercial purposes in relation to goods and services, in particular not print that Content on merchandise or other physical products for sale.

• You cannot use Content in any immoral or illegal way, especially Content which features a recognisable person. You cannot use any Content on or in conjunction with anything pornographic, obscene, offensive (including but not limited to in relation to adult entertainment venues, escort services, drug use, dating services, in a way which portrays someone as suffering from, or medicating for, a physical or mental ailment), illegal, immoral, infringing, defamatory, hateful, threatening or libellous in nature, in a political context (such as the promotion, advertisement or endorsement of any party, candidate, or elected official or in connection with any political party or viewpoint) or in breach of any law, regulation or industry code, or in any way which infringes the rights of any person or entity.

• You cannot use Content in a misleading or deceptive way. You cannot use Content in a way that is misleading or deceptive, including without limit:

• by suggesting that any depicted person, brand, organisation or other third party endorses or is affiliated with you or your goods or services, unless permission has been granted; or

• by giving the impression that Content was created by you, or a person other than the intellectual property rights holder of the Content (including without limitation, by claiming or giving the impression that you hold ownership of, or exclusive rights to, the Content).

• You cannot use any of the Content as part of a trade-mark, design-mark, trade-name, business name or service mark.

In addition to the Prohibited Uses, please be aware that certain Content may be subject to additional intellectual property rights (such as copyrights, trademarks, design rights), moral rights, proprietary rights, property rights, privacy rights or similar. This includes but is not limited to identifiable people, logos, brands of all kinds (whether two- or three- dimensional), goods or services, buildings and architecture and organisations.

Before using any Content you must consider whether you require the consent of a third party or a license to use the Content. If your use of the Content is for commercial purposes (e.g. in conjunction with the sale or promotion of a product or service) then it is likely that you will need consent or a license. Responsibility for determining whether permissions are needed always rests solely and exclusively with you. We do not warrant that any consents or licenses have been obtained in relation to any Content, and we expressly disclaim any and all responsibility and liability in relation to such matters.

Attribution

You do not need to credit Thefreepic when you use it, but it is certainly appreciated when you do so – especially when the use is of an editorial nature, where photo credits are more customary. You can provide credit in the following format: “credit : thefreepic”.

Reporting and takedown policies

Thefreepic respects the rights of creatives. If you believe that your intellectual property rights have been infringed by Content please report this by emailing inform.igraphics@gmail.com.

Please include the following information in your report:

• Identification of the intellectual property right you believe has been infringed.

• Identification of the Content that you believe is infringing your rights, including a URL link to where that Content appears on the Service.

• Your contact information, such as your email address.

• A statement that you have a good faith belief that use of the Content in the manner complained of is not authorised by the intellectual property rights owner, its agent, or the law.

• A declaration that the above information is accurate and that you are (or are authorised to act on behalf of) the intellectual property rights owner.

If you believe that any Content made available on or via the Service contains a violation of the law, please report this Content by emailing inform.igraphics@gmail.com.

Nothing in this section constitutes legal advice. We suggest you consult an attorney regarding your rights and obligations under applicable laws.

Infringement claims

If you find out – from Thefreepic or somewhere else – that there is a claim relating to any Content and Thefreepic might be liable, you have to stop using the Content immediately, at your own expense. This applies whether the claim is threatened, potential or actual. You also have to immediately delete or remove the Content from your premises, computer systems and storage (electronic or physical); ensure that your clients, printers or ISPs do likewise; and let Thefreepic know as soon as possible by emailing inform.igraphics@gmail.com.

Indemnification

You agree to indemnify, release and hold harmless Thefreepic and its affiliates from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting from:

• your violation of the Terms (whether directly or indirectly); and

• claims brought by any third parties arising out of your use of the Service.

If a claim is brought by any third party, you must immediately provide us with all information that is necessary for an examination of the claim and defence. Any further claims for damages by us against you remain unaffected.

Warranty and liability

THE SERVICE CONTENT AND COMMUNICATIONS ARE PROVIDED “AS IS”. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY CONTENT OR COMMUNICATION (INCLUDING ANY THIRD PARTY OR SPONSORED CONTENT OR ANY LINKS), THE SERVICE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THEFREEPIC DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, ANY CONTENT OR COMMUNICATION WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

ALTHOUGH THEFREEPIC DOES ITS BEST TO ENSURE THAT UPLOADED CONTENT OR COMMUNICATIONS ARE NOT MISUSED OR USED CONTRARY TO THE TERMS, THEFREEPIC CANNOT BE HELD RESPONSIBLE FOR THE ACTS OR OMISSIONS OF ITS USERS, INCLUDING ANY MISUSE OR ABUSE OF ANY CONTENT OR COMMUNICATION YOU UPLOAD.

THEFREEPIC SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE SERVICE, THE COMMUNICATIONS OR ANY CONTENT.

Versions and severability

These Terms supersede any prior representations, agreements, or understandings between you and Thefreepic, whether written or oral, with respect to the Service including previous versions of the Terms. Any non-English translations of these Terms are provided for convenience only. The English version of these Terms will control.

If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.