Terms of Service

Welcome to Flaminyo! Flaminyo is a vibrant community of creatives sharing royalty-free content. These Terms of Service ("Terms") apply to the flaminyo.com website, related websites, software, mobile apps, plug-ins and other Flaminyo-operated services (collectively, the "Service(s)"). These Terms govern the relationship between Flaminyo GmbH ("we", "our" or "Flaminyo") and any user of the Services ("you", "your" or "User"), including in certain circumstances, the relationship between Users. By using the Services (including by downloading and using Content from the Services, or contributing Content to the Services):

• 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 Services. Children may not access or use the Services unless their use is directly authorized by their parent, guardian or another authorized 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, noting 16 is the minimum legal age in Germany). We reserve the right, at our sole discretion, to change or modify portions of 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 advance notice of any change to the Terms that, in our sole determination, materially adversely affect your rights or your use of the Services. We may provide you with this notice by direct message on the Services and/or by posting on Flaminyo’s public forum. Any such changes will become effective on the date listed in our notification to you. Your continued use of the Services after such date constitutes your acceptance of the changed or modified Terms.

In these Terms when we refer to "Content" we are referring to the content which is available on the Services. Content includes, but isn’t limited to the following items:

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

• "AI images", which means created with artificial intelligence ai programs.

Some of the Content made available for download on the Service is subject to and licensed under the Creative Commons Zero (CC0) license ("CC0 Content"). CC0 Content on the Service is any content which lists a "Published date" prior to January 9, 2019. This means that to the greatest extent permitted by applicable law, the authors of that work have dedicated the work to the public domain by waiving all of his or her rights to the CC0 Content worldwide under copyright law, including all related and neighboring rights. Subject to the CC0 License Terms, the CC0 Content can be used for all personal and commercial purposes without attributing the author/ content owner of the CC0 Content or Flaminyo.

Subject to the Prohibited Uses described below (which you agree and acknowledge you are not entitled to engage in), when you download any Content that is not CC0 Content from the Services, we grant you an irrevocable, worldwide, 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.

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, audio, video, NFT 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 Services. 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.