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Number of Users
Assets can be used by a single user.
Number of projects
Assets can be used in multiple and unlimited projects both Commercial and Non-Commercial.
Printed Goods
Up to 10,000 items, per project.
Physical objects
Up to 5,000 items, per project.
Project value
Up to £10,000, per project.
Digital Paid Ads Impressions
Unlimited.
Broadcast & Streaming
Maximum 100,000 lifetime viewers, per project.
Native App or game
Maximum 25,000 lifetime downloads, per project.
Website Impressions
Unlimited.
Generative AI
Strictly forbidden.
Number of Users
Assets can be used by up to a maximum of 10 users within a single entity without the need for a individually tailored Premier License.
Number of projects
Assets can be used in multiple and unlimited projects both Commercial and Non-Commercial.
Printed Goods
Unlimited.
Physical objects
Unlimited.
Project value
Unlimited.
Digital Paid Ads Impressions
Unlimited.
Broadcast & Streaming
Unlimited lifetime viewers.
Native App or game
Unlimited.
Website Impressions
Unlimited.
Generative AI
Strictly forbidden.
The present LICENSE AGREEMENT (“the Agreement”) is concluded between you (“Purchaser, Licensee “) and Fleckled (“Fleckled Limited, Fleckled Limited, us”), the owner of the website Fleckled.com (“the Site”) and it describes the terms and conditions under which the Purchaser can download and use our products (“Digital Assets”).
By purchasing our Digital Assets you agree to all applicable legal documents, including the terms of the present License Agreement. As such, you hereby declare you have fully read, understood and agreed to all of Fleckled’s applicable legal documents and the present License Agreement and that you are fully capable, from a legal standpoint to do so:
- You are of consenting age and nothing prevents you from entering into this Agreement.
- You are authorised to enter into this Agreement personally, if that is the capacity in which you enter, and by doing so you do not infringe upon any other obligation you may have.
- You are authorised to enter into this Agreement as a representative of a natural person or legal entity, as such details were specified upon your purchase of our Digital Assets. With the scope of clarity, if a natural person acts as a representative of another natural person or of a legal person, the purchased license is the property of said representee and not that of the representative, bearing accurate description of such upon the purchase of the license. The accurate description of the relationship between a representative and a representee is the sole responsibility of the person entering these details, as described above, thus Fleckled bears no liability if the license agreement is issued wrongly, but in accordance with the details provided.
You hereby agree and confirm that Fleckled is the sole owner of all rights concerning the Digital Assets, including but not limited to intellectual property right and copyrights and furthermore that you do not and will not obtain any rights whatsoever in regard to the Digital Assets, save from the right of use as detailed and specified in the present Agreement.
Fleckled offers three types of licenses: Standard, Enhanced and Premier. Every file downloaded from Fleckled.com comes with a Standard License. Our Enhanced License gives you additional rights in exchange for an additional license fee, which can be selected as an option at the point of sale. Unless you purchase an Extended or Premier License, your use of any asset is subject to our Standard License terms.
Premier Licences are tailored on an ad-hoc basis and are subject to our Standard terms with additional agreed rights of use superseding any restrictions set out in these Terms.
All Licences are bound by all clauses of this License Agreement. In addition our ‘Standard Licence’ includes clauses of which are expressly outlined in Clause 5 under ‘Standard License” and excludes any clause expressly outlined as ‘Enhanced License” also found in Clause 5. Our ‘Enhanced License’ includes additional ‘rights to use’ expressly outlined under ‘Enhanced License’ which supersede any rights forthwith that are restricted under our ‘Standard License’ in clause 5.
You are welcome to use watermarked content from Fleckled.com on a complimentary basis for test or sample layout (composite) use only. Watermarked content cannot be used in any final materials or any publicly available materials. Under no circumstances should the watermark be removed.
In order to use Fleckled Limited services as they are provided through its Site, respectively to purchase the Digital Assets and to use them as specified in this Agreement, you are required to open an account on the Site and provide full and accurate details, and pay the corresponding price for the License. Should you not provide full or accurate details, as described above or should you use details, such as an email address that does not belong to you, the License Agreement you will obtain will be invalid and furthermore you expose yourself to liability, civil or even criminal if you use details that belong to a different person or impersonate another person, whether natural or legal. The License Agreement will come into force upon payment. You are obligated to protect the confidentiality and safety of your account credentials and you bear full responsibilities for the actions you undertake in your account. Should you find unauthorised use of your account you are obligated to inform us immediately at support@fleckled.com
You may use assets in any way that are not prohibited (see ‘Prohibited Uses’ below). Subject to those prohibited uses and the rest of the terms of this agreement, the rights granted to you by Fleckled are:
Perpetual, meaning there is no expiration or end date on your rights to use the assets downloaded during your agreement.
Non-exclusive, meaning that you do not have exclusive rights to use the content. Fleckled can license the same content to other customers.
Worldwide, meaning content can be used in any geographic territory.
Restricted / Unlimited, meaning you can use the Assets in an unlimited number of projects with restricted or unlimited impressions as defined by our ‘Permitted Uses And Quantity/Impression Limitation’ for ‘Standard’ or ‘Enhanced’ License, and in any media. For purposes of this agreement, “use” means to copy, reproduce, modify, edit, perform, display, broadcast, publish, or otherwise make use of.
Nothing in this License Agreement grants the Licensee any of the following rights, all of which rights are expressly retained:
RESALE OR SUB-LICENSING
You are strictly forbidden to resell or sub-licensing any Licensed Asset or any modification of it in source file form. Resale or Sub-Licensing of the Licensed Asset or any modification of it in a way that is directly competitive with the original Licensed Asset is strictly prohibited (e.g., as a stock asset or any use of the Licensed Asset in any template for sale). This may be superseded by a Premier License, if, negotiated Terms in the individually provided Premier License permit.
NO STANDALONE FILE USE
Making public or sharing the Licensed Asset in any way that allows others to download, extract, or redistribute the Licensed Asset as a standalone file (meaning just the content file itself, separate from the Project or End Use that is expressly permitted) is strictly prohibited.
UNLAWFUL USE
It is strictly forbidden to integrate any Digital Assets that you purchase from Flecked.com in projects of personal and/or commercial use that imply, contain or promote: violence, encouragement of violence, pornography, racism, hate speech, seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise, violation of any applicable regulations or industry codes, discrimination against any one individual and/or category of persons regardless of the basis, should it be racial, religious, sexual, ethnical and so on, the infringing upon Fleckled Limited copyrights, intellectual property rights or other legitimate interests or rights.
NO USE IN TRADEMARK OR LOGO
You may not use any Asset (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such Asset (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the Asset or any similar Asset by Fleckled or our customers.
NO FALSE REPRESENTATION OF AUTHORSHIP
You may not falsely represent that you are the original creator of an end use that is made up largely of licensed content. For instance, you cannot just change the colour or alter the original by removing pixels of the licensed Asset and claim that you are the author. You may not claim the Licensed Asset (or a modification thereof) as your own copyrighted work. For the avoidance of doubt, the original Licensed Asset must be disclaimed in any copyright registration.
ARTIFICIAL INTELLIGENCE, AI-Based Learning AND Automated Extraction.
You, and any associated parties – including, but not limited to, owners, operators, affiliates, and subsidiary companies of any artificial intelligence systems – are expressly prohibited from employing any automated methods (such as web scraping, crawling, or data harvesting) or any other means, including purchasing and uploading our assets, to access, extract, or utilise the Licensed Asset from our website for purposes including, but not limited to, training, developing, or enhancing any machine learning or AI systems. Furthermore, all images and digital assets accessible on our website are copyrighted by Fleckled Limited and are provided solely on Fleckled.com to assist users in identifying and making informed decisions regarding the purchase of rights to use our digital assets. Any unauthorised use or reproduction of these assets, including for AI training or other automated purposes, will be deemed a material breach of this Agreement and may result in legal action, whereby Fleckled Limited will seek damages and compensation for lifetime losses incurred as a result of such unauthorised use.
1. End Products for Commercial Use and Non-Commercial Use:
a) Printed Goods: Licensee may only create printed end products such as, but not limited to, brochures, business cards, flyers, posters, catalogs, newsletters, boxes, labels, or product packaging and similar paper-based media for Commercial Use or Non-Commercial Use.
b) Physical Products: Licensee may only create physical end products such as, but not limited to, mugs, apparel, tote bags, caps, water bottles, phone cases, magnets, umbrellas and other tangible merchandise for Commercial Use or Non-Commercial Use.
c) Digital Products: Licensee may only create digital end products for resale such as, but not limited to, web interface, for Commercial Use or Non-Commercial Use.
d) Digital or Print Publication: Licensee may only use the Licensed Asset in digital or print publications such as, but not limited to, magazines, cards, invitations, photo albums, and scrap books, e-books or e-publications, for Commercial Use or Non-Commercial Use.
e) Quantity Limitations on End Products with a Standard License: For each project under a Standard License, up to value of £10,000 per project, the lifetime total of individual end product uses, sales, instances, impressions, or installations that incorporate the Licensed Asset is limited to 10,000 for Printed Goods and 5,000 for Physical Products or both commercial and non-commercial use.
f) Quantity Limitations on End Products with an Enhanced License: For each project under an Enhanced License with an unlimited project value, the lifetime total of individual end product uses, sales, instances, impressions, or installations that incorporate the Licensed Asset is unlimited for both commercial and non-commercial use.
2. Social Media, Marketing and Advertisements:
a) Social Media for Commercial Use or Non-Commercial Use: the Licensee may use the Licensed Asset in all of the Licensee’s owned and managed business or personal social media accounts for Commercial Use or Non-Commercial Use. There is no limit on the number of social media accounts owned and managed by the Licensee, that the Licensed Asset may be incorporated or used on.
b) Physical (Printed) Advertisements for Commercial Use: The Licensee may use the Licensed Assets for physical (printed) advertisements such as, but not limited to, billboards, signage or printed advertisements for Commercial Use in Local Markets, National Markets or Global Markets. “Local Markets” means all displayed or distributed physical (printed) advertisements within a 200 mile radius within the borders of a single country. “National Markets” means all displayed or distributed physical (printed) advertisements beyond a 200 mile radius within a single country. “Global Markets” means all displayed or distributed physical (printed) advertisements in more than one country.
c) Digital Advertisements for Commercial Use: The Licensee may use the Licensed Asset for internet advertisements such as, but not limited to, Google Ads, Bings Ads, Facebook Ads or LinkedIn Ads, for Commercial Use.
d) Quantity Limitations on Promotion and Advertisements: There is no limit on the number of impressions of social media posts or advertisements that incorporate the Licensed Asset for Commercial Use or Non-Commercial Use (where Non-Commercial Use is available).
3. Broadcasting and Streaming of Motion Picture Content:
a) Broadcast and Streaming: The Licensee may use the Licensed Asset for broadcasting and streaming via network, cable, internet, satellite, pay-per-view, video on demand or steaming of motion picture and audiovisual works, including advertisements, for Commercial Use and Non-Commercial Use.
b) Quantity Limitations on Broadcasting and Streaming with a Standard License: Maximum 100,000 lifetime viewers, per project for Commercial Use and Non-Commercial Use.
c) Quantity Limitations on Broadcasting and Streaming with an Enhanced License: There is no limit on the lifetime viewers for Commercial Use and Non-Commercial Use.
4. Digital Development:
a) Website Software Development, Mobile App Development, Desktop Application Development and Video Game Development for Commercial Use and Non-Commercial Use: The Licensee may use the Licensed Asset in unlimited project titles for Commercial Use or Non-Commercial Use.
b) Quantity Limitations on Digital Development with a Standard License: The Licensed Asset may be used with unlimited views on any website. The Licensed Asset only be used with a maximum of 25,000 lifetime downloads, per project, for applications and video games.
c) Quantity Limitations on Digital Development with an Enhanced License: The Licensed Asset may be used with unlimited views on any website. The Licensed Asset may be used with unlimited downloads, per project, for applications and video games.
All the information, Digital Assets and content included in the Site, the services and products offered herein, inclusive of text, illustrations, graphics, photos and any other element are protected by copyrights and intellectual property rights of Fleckled Limited. For more information in this regard, please consult our Terms and Conditions. All License Agreements grant you authorisation to use the Site and the purchased Digital Assets only in accordance with our Terms and those of other applicable legal documents.
The Digital Assets and/or any other products or services offered through the Fleckled.com by Fleckled Limited are provided on an “AS IS basis” and on an “AS AVAILABLE basis”. As such you have no right to bear any argument, claim or demand towards Fleckled for Digital Assets suitability for your needs. Be advised that the provisions of the present Agreement are correlated and applied uniformly with all other applicable legal documents, such as ‘the ‘Terms and Conditions’. Fleckled Limited holds no liability in regard to the way you choose to integrate the Digital Assets you purchase from us, as well as other elements that you might integrate in your projects, whether of a personal or commercial nature.
You agree to defend, indemnify and hold harmless Fleckled Limited and its parent, subsidiaries, and affiliates, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable legal costs including legal fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement.
The licensee shall accept and use the digital asset with the understanding that its size and quality may vary due to the nature of the original letterpress print and that variations in size and visual appearance are inherent and result from factors such as the age, wear, and manufacturer of the original letterpress block, the wood grain used in its production, and the specific printing processes applied. The licensee shall agree that these characteristics along with and including differences in ink distribution, pressure, and texture, ensure that each impression retains the organic and unpredictable qualities of traditional letterpress printing and that such characteristics are represented in the licensed digital file.
The Licensee shall only be entitled to upload the Licensed Asset to (i) a personal server owned and controlled by Licensee; (ii) a private cloud storage service, cloud-based design application or digital asset manager account that is actively controlled by Licensee; (iii) business owned server or cloud-based software with the limited access, in each case for the use of the Licensed Asset by Licensee only, as permitted herein.
Assignment:
This agreement is specific to you and cannot be transferred by you without Fleckled Ltd’s prior written approval. Fleckled Ltd reserves the right to transfer this agreement, without notice or approval, to any affiliated company or successor, provided that the new entity agrees to adhere to these terms.
Audit/Certificate of Compliance:
Upon reasonable notice, you agree to provide Fleckled Ltd with sample copies of projects or end uses that contain licensed content, including granting Fleckled Ltd free-of-charge access to any pay-walled or otherwise restricted access website or platform where the content is reproduced. In addition, upon reasonable notice, Fleckled Ltd may, at its discretion, either through its own employees or a third party, audit your records directly related to this agreement and your use of licensed content to verify compliance with its terms. If any audit reveals an underpayment by you to Fleckled Ltd of five percent (5%) or more of the amount owed, then in addition to paying the underpayment, you also agree to reimburse Fleckled Ltd for the costs of conducting the audit. Where Fleckled Ltd reasonably believes that content is being used outside the scope of the license granted under this agreement, you agree, at Fleckled Ltd’s request, to provide a certificate of compliance signed by an officer of your company, in a form approved by Fleckled Ltd.
Severability:
If any provision of this agreement is deemed invalid, illegal, or unenforceable, the remaining provisions will remain unaffected. The invalid provision should be modified only as needed to ensure enforceability.
WAIVER:
No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement.
Termination:
This agreement remains in effect until terminated by either party. You may terminate it by stopping all use of the content and deleting or destroying any copies. Fleckled Ltd may terminate the agreement at any time if you fail to comply with its terms. In such a case, you must immediately stop using the content, delete or destroy all copies, and, if requested, provide written confirmation of compliance to Fleckled Ltd.
Content Withdrawal:
Fleckled Ltd reserves the right to withdraw any licensed content at any time at its sole discretion. If we determine that content is no longer available for licensing or may infringe on third-party rights, we may require you to immediately cease use, delete or destroy all copies, and ensure that your clients, distributors, and employer do the same. In such cases, we may, at our discretion, provide replacement content free of charge, subject to the terms of our agreement.
Modifications:
Fleckled Ltd reserves the right to modify, update, or remove any digital assets available on its website at any time at its sole discretion. These changes may include edits, replacements, or complete withdrawal of assets without prior notice. If an asset you have licensed is modified or removed, you must comply with any usage restrictions communicated by Fleckled Ltd.
You hereby agree that any unauthorised use by you and/or anyone on your behalf of the Digital Assets or in a manner that contravenes with the conditions set forth in the present License constitutes a breach of the License as well as a violation of copyright laws and/or that of intellectual property and Fleckled Limited or any authorised representative shall be able to exercise all right granted to Fleckled Limited by this Agreement, other applicable legal documents and/or applicable law. Be advised that you as a Purchaser are liable if the author of the violation is a person under your control. As such, the Purchaser is called upon to take any and all measured within his/her power to immediately cease the violation and/or limit its effects.
Should you violate the present Agreements or any other applicable legal documents, Fleckled Limited reserves the right to block your access to the fleckled.com, at its sole discretion and without prior notice and it may do without any prior notice, and you will bear no claim or demand in this regard.
Should you violate the present Agreement or the clauses in any of the applicable legal documents you undertake to indemnify Fleckled Limited and anyone acting on its behalf for any of the costs incurred while exercising the rights Fleckled Limited has against you as a Purchaser in the event of violation, including lawyer’s fees and legal expenses.
You hereby confirm and declare that this Agreement is concluded between you as Purchaser of Digital Assets and Fleckled Limited, through fleckled.com, with Fleckled Limited acting as licensor or provider of a license and you as a licensee, and that between the parties as stated in this clause exists no subordination.
Agreeing and undertaking the obligations of this Agreement and all other applicable legal documents is obligatory before purchasing any of our Digital Assets, there exists no cancellation or renunciation of the obligations undertaken by these legal documents, that is from the moment of engagement you are bound and cannot renunciate on your consent.
This Agreement might, from time to time, be subject to change at the sole discretion of Fleckled Limited, and it will be published on the Site. You as Purchaser have the obligation to carefully read it before any purchase.
Be advised that Fleckled Limited has the right to transfer or deliver its rights according to this Agreement and other applicable legal documents, in whole or in part to third parties, as it may see fit and at its sole discretion and does not need your consent in order to do so.
In the event that this Agreement is cancelled for any reason whatsoever, the License granted to you will be revoked for ex nunc(for the future) and any further use of the Digital Products by you as Purchaser or by any person you have control over is an illegal use.
In the event any of the clauses in the present Agreement are deemed invalid and/or unapplicable by a competent court of law, such will not affect the validity and/or applicability of the other clauses.
This agreement is governed by the laws of United Kingdom, any disagreement arising by this Agreement shall be resolved in an amicable manner by the Parties. Should that not be possible, in the event of litigation, it shall be resolved by the competent courts in Lincoln, United Kingdom (UK).
For clarity, the present Agreement constitutes a complement to any other applicable legal documents and is not meant in any way, shape or form to be a derogation from any and all other applicable legal documents.
Any notice Fleckled Limited shall send will be sent in writing on the email address you provide in the registration form on fleckled.com. Any notice sent as described above will be considered a valid and legal notice.
