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Number of Users
Assets can be used by a single user.
Number of projects
Assets can be used in one Commercial or Non-Commercial project. A separate licence is required for each additional project.
Printed Goods
Up to 10,000 items within the licensed project.
Physical objects
Up to 5,000 items within the licensed project.
Project value
Up to £10,000 total value for the licensed project.
Digital Paid Ads Impressions
Unlimited for advertising relating to the licensed project.
Broadcast & Streaming
Maximum 100,000 lifetime viewers for the licensed project.
Native App or game
Maximum 25,000 lifetime downloads for the licensed project.
Website Impressions
Unlimited.
Generative AI
Strictly forbidden.
Number of Users
Assets can be used by up to a maximum of 10 authorised users working on behalf of the Licensee on the licensed Project, including employees and contractors, without the need for an individually tailored Premier Licence.
Number of projects
Assets can be used in one Commercial or Non-Commercial project. A separate licence is required for each additional project, unless otherwise agreed under a Premier Licence.
Printed Goods
Unlimited within the licensed project.
Physical objects
Unlimited within the licensed project.
Project value
Unlimited.
Digital Paid Ads Impressions
Unlimited for advertising relating to the licensed project.
Broadcast & Streaming
Unlimited lifetime viewers.
Native App or game
Unlimited within the licensed project.
Website Impressions
Unlimited.
Generative AI
Strictly forbidden.
This Licence Agreement (“Agreement”) is entered into between you (“Purchaser” or “Licensee”) and Fleckled Limited (“Fleckled”, “we”, “us” or “our”), the owner and operator of Fleckled.com (“the Site”), and sets out the terms and conditions under which the Purchaser may download and use our products (“Digital Assets”).
By purchasing our Digital Assets, you agree to all applicable legal documents, including this Licence Agreement. You confirm that you have read, understood and agreed to these terms and that you have the legal capacity and authority to enter into this Agreement. In particular, you confirm that:
- 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 Enhanced 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 subject to the terms of this Licence Agreement. The Standard Licence is subject to the usage rights and limitations expressly identified as applying to the Standard Licence in Clause 5. The Enhanced Licence includes the additional usage rights expressly identified as applying to the Enhanced Licence in Clause 5, which supersede the corresponding limitations of the Standard Licence.
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 Licence Agreement will come into force upon payment, or, where Fleckled has expressly approved credit or invoicing terms for the Licensee, upon confirmation of the order. 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.
Single Project Use, meaning each Standard or Enhanced Licence permits the Licensed Asset to be used in one Project only, subject to the applicable quantity, impression and usage limits set out in this Agreement. A separate licence must be purchased for each additional Project unless broader rights have been expressly agreed under a Premier Licence. For the purposes of this Agreement, a “Project” means a single creative work, publication, product, campaign or other defined end use. A Project may include different formats, editions, sizes, media and associated promotional or marketing materials relating directly to that same Project.
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 from reselling 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 manner that is directly competitive with the original Licensed Asset is strictly prohibited (for example, as a stock asset or as part of a template offered for sale). These restrictions may be superseded where expressly permitted by the terms of an individually negotiated Premier Licence.
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 incorporate any Digital Asset purchased from Fleckled.com into any project or use that promotes or facilitates violence, pornography, racism, hate speech, discrimination, exploitation or harm of children, unlawful activity, or infringement of Fleckled Limited’s copyright, intellectual property or other legal 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: The Licensee may 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: The Licensee may 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: The Licensee may 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: The Licensee may 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: Under a Standard Licence, the licensed Project may have a total value of up to £10,000. The lifetime total of individual end product uses, sales, instances, impressions or installations incorporating the Licensed Asset is limited to 10,000 Printed Goods and 5,000 Physical Products, for Commercial or Non-Commercial Use.
f) Quantity Limitations on End Products with an Enhanced License: Under an Enhanced Licence, the licensed Project has no project-value limitation and the lifetime total of individual end product uses, sales, instances, impressions or installations incorporating the Licensed Asset is unlimited, for Commercial or Non-Commercial Use.
2. Social Media, Marketing and Advertisements:
Where the Licensed Asset is used as part of a licensed Project, the same licence also permits its use in advertising, marketing, publicity and promotional materials directly relating to that Project, subject to the limits of the applicable Licence. Such related promotional use does not constitute a separate Project.
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 streaming 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: The Licensed Project may have a maximum of 100,000 lifetime viewers under a Standard Licence.
c) Quantity Limitations on Broadcasting and Streaming with an Enhanced License: There is no limit on lifetime viewers for the licensed Project under an Enhanced Licence.
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 incorporate the Licensed Asset into one licensed Project. A separate licence is required for use in any additional website, application, game, software title or other distinct Project.
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 may only be used with a maximum of 25,000 lifetime downloads within the licensed 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 within the licensed 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 any other products or services offered by Fleckled Limited through Fleckled.com are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, Fleckled Limited makes no representations or warranties, express or implied, that any Digital Asset will be suitable for the Licensee’s particular requirements or intended use, or that access to the Site or Digital Assets will always be uninterrupted, error-free or available. The Licensee is responsible for ensuring that any Digital Asset is suitable for its intended Project and for complying with any laws, regulations or third-party requirements applicable to its use. To the fullest extent permitted by law, Fleckled Limited shall not be liable for any indirect, incidental, special or consequential loss or damage arising from the use of, or inability to use, a Digital Asset or the Site. Nothing in this Agreement excludes or limits any liability that cannot lawfully be excluded or limited under the laws of England and Wales.
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 may upload and store the Licensed Asset on: (i) a personal server owned and controlled by the Licensee; (ii) a private cloud storage service, cloud-based design application or digital asset management account actively controlled by the Licensee; or (iii) a business-owned server or cloud-based system with appropriately restricted access.
Access to and use of the Licensed Asset must be limited to the Licensee and any authorised users permitted under the applicable Licence, and solely in connection with the licensed Project.
The Licensee is responsible for ensuring that any authorised users who are given access to the Licensed Asset comply with the terms of this Agreement. Authorised users may not use, copy, retain, distribute or otherwise make use of the Licensed Asset for any purpose outside the licensed Project.
The Licensed Asset must not be uploaded to any server, cloud storage service, digital asset management system, file-sharing service or other location where it can be accessed by persons who are not authorised under the applicable Licence.
Assignment:
This Agreement and the rights granted under it are specific to the Licensee and may not be assigned or transferred to another person or entity without the prior written consent of Fleckled Limited. Fleckled Limited may assign or transfer its rights and obligations under this Agreement in connection with the sale, transfer or restructuring of Fleckled Limited or its business, subject to applicable law.
Audit/Certificate of Compliance:
Where Fleckled Limited has reasonable grounds to believe that a Licensed Asset is being used outside the scope of the applicable Licence, Fleckled Limited may request reasonable information or examples of the Project or end use incorporating the Licensed Asset for the purpose of verifying compliance with this Agreement.
Where reasonably necessary, Fleckled Limited may also request written confirmation from the Licensee that its use of the Licensed Asset complies with the terms of the applicable Licence.
Any such request will be limited to information reasonably necessary to verify compliance and will not require the Licensee to disclose unrelated confidential, commercially sensitive or personal information.
WAIVER:
No failure or delay by either party in exercising any right or remedy under this Agreement shall constitute a waiver of that right or remedy. Any waiver must be expressly agreed in writing.
Content Withdrawal:
Fleckled Limited reserves the right to withdraw a Digital Asset from future sale or licensing at any time. Withdrawal of a Digital Asset from Fleckled.com will not affect the rights already granted to a Licensee who purchased the Asset before its withdrawal.
Where Fleckled Limited reasonably believes that continued use of a Licensed Asset may infringe the rights of a third party or otherwise give rise to a legal obligation requiring its withdrawal, Fleckled Limited may notify the Licensee and take such reasonable action as may be necessary. Where appropriate and reasonably possible, Fleckled Limited may offer a replacement Digital Asset or other reasonable remedy.
Modifications:
Fleckled Limited reserves the right to modify, update, replace or remove Digital Assets available for future purchase on Fleckled.com at any time.
Any modification, replacement or removal of a Digital Asset from Fleckled.com will not retrospectively alter the rights granted under an existing Licence or prevent the Licensee from continuing to use a version of the Digital Asset legitimately obtained under that Licence, subject to the terms applicable at the time of purchase.
Any unauthorised use of a Digital Asset by the Licensee, or by an authorised user acting on behalf of the Licensee, or any use that contravenes the terms of this Agreement, constitutes a breach of this Licence Agreement and may also constitute an infringement of Fleckled Limited’s copyright or other intellectual property rights.
The Licensee is responsible for ensuring that any authorised users permitted access to a Digital Asset comply with the terms of this Agreement. Where the Licensee becomes aware of any unauthorised use, distribution or access by an authorised user or other person under the Licensee’s control, the Licensee must take reasonable steps to cease the unauthorised use and limit its effects.
In the event of a breach of this Agreement, Fleckled Limited reserves the right to suspend or terminate the Licensee’s access to Fleckled.com and/or the relevant Digital Assets and may terminate the applicable Licence where appropriate. Where reasonably practicable, Fleckled Limited will provide notice of the breach and an opportunity for the Licensee to remedy it. Fleckled Limited reserves the right to take immediate action where the breach involves unauthorised distribution, sub-licensing, infringement of intellectual property rights or other serious misuse of a Digital Asset.
Fleckled Limited reserves all rights and remedies available to it under this Agreement and applicable law in respect of any breach or infringement.
Where Fleckled Limited reasonably incurs costs in enforcing its rights as a direct result of a material breach of this Agreement by the Licensee, Fleckled Limited may seek recovery of those costs, including reasonable legal costs, to the extent permitted by applicable law.
This Agreement is entered into between the Purchaser of the Digital Assets and Fleckled Limited through Fleckled.com. Fleckled Limited acts as the licensor and the Purchaser as the Licensee. Nothing in this Agreement creates any employment, partnership, joint venture, agency or other relationship between the parties beyond that of licensor and licensee.
By purchasing a Digital Asset, the Licensee agrees to be bound by this Agreement and any other applicable legal terms in force at the time of purchase. The Licence granted to the Licensee is subject to those terms.
Fleckled Limited may update or amend this Agreement from time to time. Any revised Agreement will be published on Fleckled.com and will apply to purchases made after the revised Agreement comes into effect. Changes to this Agreement will not retrospectively alter the licensing rights granted for Digital Assets purchased under an earlier version of the Agreement, unless otherwise agreed in writing.
Fleckled Limited may assign or transfer its rights and obligations under this Agreement, in whole or in part, to a third party where reasonably necessary in connection with the operation, sale, transfer or restructuring of Fleckled Limited or its business, subject to applicable law.
If this Agreement or an applicable Licence is terminated in accordance with its terms, the Licensee’s right to make any further use of the relevant Digital Asset will cease from the date of termination. Any continued use after that date will be unauthorised, except where otherwise required or permitted by applicable law.
If any provision of this Agreement is found by a court or other competent authority to be invalid, unlawful or unenforceable, that provision shall be treated as modified or removed to the minimum extent necessary, without affecting the validity and enforceability of the remaining provisions.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties shall seek to resolve any dispute arising out of or in connection with this Agreement amicably in the first instance. Where this is not possible, the courts of England and Wales shall have jurisdiction.
This Agreement forms part of, and should be read together with, any other legal terms and policies applicable to the purchase and use of Digital Assets from Fleckled.com. Where additional or bespoke licensing rights have been expressly agreed in writing under a Premier Licence, those agreed terms shall take precedence to the extent that they differ from this Agreement.
Any notice from Fleckled Limited to the Licensee under this Agreement may be sent in writing to the email address provided by the Licensee when registering or purchasing through Fleckled.com. A notice sent to that address will be treated as having been sent to the Licensee using the contact details provided by them.
