Terms of Use

Please read these Terms of Use carefully before accessing or using this website.

1. ACCEPTANCE OF TERMS

1.1 You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Canvas may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.  

1.2 Canvas may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the homepage of Canvas to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.  

1.3 We can make changes to the terms of use. On the unlikely occasion that this may happen, all users to the best of our abilities will be informed. Upon purchasing this product, you agree to these terms.  

2. INTELLECTUAL PROPERTY LIMITED LICENSE TO USERS

2.1 All content on this Site, including but not limited to Images, Video, Music, and related metadata (collectively the “Canvas Content"), as well as the selection and arrangement of the Canvas Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any Canvas Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and Canvas, Canvas does not grant any express or implied permission to use the Site, the Site Services (as hereinafter defined), or any Canvas Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Canvas Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Canvas Content. 

2.2 Unless you enter into a license agreement with Canvas you may not download, distribute, display and/or copy any Canvas Content. 

2.3 You may not remove any watermarks or copyright notices contained in the Canvas Content unless given access or have White label license.  

3. CANVAS TRADEMARKS

3.1 For the purposes of these Terms of Use, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Canvas. 

3.2 Nothing contained herein grants or shall be construed to grant you any rights to use any Canvas Trademark, unless expressly conferred by these Terms of Use. 

3.3 You agree that you will not use Canvas Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Canvas.

3.4 You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of Canvas Trademarks or the Trademark rights claimed by Canvas. 

3.5 You agree that you will not use any Canvas Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a meta tag, keyword, or any other type of programming code or data. 

3.6 You may not at any time, adopt or use, without Canvas prior written consent any word or mark which is similar to or likely to be confused with Canvas Trademarks. 

3.7 The look and feel of the Canvas website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of Canvas and may not be copied, imitated or used, in whole or in part, without the prior written consent of Canvas. 

3.8 All other trademarks, product names, and company names or logos used or appearing on the Canvas website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Canvas, unless expressly so stated. 

3.9 You may not use a Canvas trademark, logo, Image or other proprietary graphic of Canvas to link to the Canvas website without the prior written consent of Canvas. 

3.10 You may not frame or hotlink to the Canvas website or any Image without the prior written consent of Canvas. 

3.11 It is in agreement as well that the rendered video clip up should not be used in any immoral activities or posting such as but not limited to derogatory advertising and sexually explicit content renderings.  

4. SITE SERVICES

4.1 Various services are made available to you, pursuant to your use of the Site and Canvas Content licensed thereon (the “Site Services”). Subject to your compliance with these Terms of Use, any applicable license agreement with Canvas, and the law, you may access and use the Site Services. Canvas remains the sole owner of all right, title, and interest in the Site Services and reserves all rights not expressly granted under these Terms of Use. Canvas may modify, replace, or discontinue any Site Services at any time, for any reason, with or without notice, in Canvas sole discretion. Canvas provides the Site Services on an "as is" and "as available" basis. Canvas (or third parties acting on its behalf) may collect data related to your use of the Site Services

4.2 Canvas may make Canvas Content available through the Site Services. You may not use any Canvas Content for any purpose without first obtaining a license to use such Canvas Content. Any use of Canvas Content by you shall be governed by the applicable license agreement separately entered into between you and Canvas. Displaying and/or distributing to the public any watermarked or unlicensed Canvas Content (whether incorporated into a derivative work or alone) constitutes copyright infringement. 

4.3 SPECIFIC Canvas SERVICES :

4.3.1 What We Provide. The Website allows you to create video ads using our pre-designed templates and music tracks edited and owned by Canvas to use for your marketing and advertising purposes. You can access the SERVICES via the Website and/or other designated websites as designated by Canvas. Your use of the SERVICES will be subject to these Terms of Use, Canvas privacy policy, additional terms and conditions found on the Website (the “Additional Terms”), and one or more of the following license agreements that are set forth on the Website (each, a “License” and collectively, the “Licenses”), which Licenses can be found on your receipt. It is noted that one purchase is equivalent to one license. The terms and conditions of the Additional Terms and Licenses are hereby incorporated into these Terms of Use by this reference. The Licenses do not ensure that your use of the SERVICES is compliant with any other branded products that are used in Canvas images or other digital products. Each Service that is provided will designate which License(s) are applicable to that Service, and upon your use of the Service, you shall be bound by the terms of the applicable License(s) associated therewith. 

The “SERVICES” include Canvas hosting of online, web-based applications (the “Canvas Applications”), which may include related support and maintenance activities. The “Canvas Applications” means applications supplied by Canvas for your use in connection with the SERVICES, including any optional modules, custom or standard enhancements developed by Canvas, updates and upgrades, and associated offline components. 

4.3.2 Subscription SERVICES. By (i) selecting the applicable subscription plan (each, a “Monthly/Yearly Subscription Plan”) via an online purchase process, and (ii) paying all applicable fees and charges for the SERVICES related thereto, you will have the ability to access all templates and music tracks has the ability to create your own content. Canvas offers a variety Subscription Plans to suit your needs. Any benefits included in a Subscription Plan will be subject to change at any time and from time to time, as determined by Canvas, in its sole discretion. 

Part of the SERVICES of CANVAS is by providing new templates on a monthly basis. The release of templates will be that of the date wherein CANVAS was launched. However, it will be the discretion of CANVAS to release templates deemed suited to the designers schedule and workload. The number of templates will be maximum of 20 templates minimum of 10 templates per month. 

All advanced features identified by CANVAS will be applicable to Monthly/Yearly Subscription Plan holders only. 

The term of your use for the SERVICES purchased under a Monthly/Yearly Subscription Plan (the “Subscription SERVICES”) commences on the date that you purchase a Subscription Plan and expires on the last day of the applicable billing cycle after you voluntarily cancel the Subscription Plan (the “Subscription Term”), unless sooner terminated as provided herein. You will maintain the rights to use any pre-designed templates and downloaded content during your subscription period with the license that was granted to you forever. Each billing cycle for the Subscription SERVICES runs from the date that you purchase a Subscription Plan until the date that is one month thereafter. NOTE THAT SUBSCRIPTION PLANS AUTOMATICALLY RENEW ON A MONTHLY BASIS UNLESS AND UNTIL YOU CANCEL THE SUBSCRIPTION PLAN AS PROVIDED HEREIN. IF YOU FAIL TO SEND THE CANCELLATION NOTICE (by pressing CANCEL on the application) PRIOR TO THE END OF A BILLING CYCLE, YOU WILL BE CHARGED FOR THE NEXT ENTIRE MONTHLY BILLING CYCLE. 

For any plan CANCELLATION either on the monthly or yearly, your account will automatically be reverted to the MAIN PLAN or FRONT END and will no longer have access to previous and future templates being published monthly.  

4.3.4 Front End or Main Plan - You may also purchase CANVAS via the front end or the main plan. Prudence should be taken into consideration as this plan is very limited in terms of the templates and features. New templates nd advanced feature are allocated to Monthly/Yearly Subscription Plan holders. 

4.3.5 Video Renders - Rendering is quite expensive especially for videos and it will not be economically viable for the business to have unlimited video downloads. We also need to factor in the production cost of each rendering we are producing. This is the primary reason why we have a rendering system. We are also spending on the template production month to month to provide you with fresh materials for your campaign. We are also into development to provide added features in the platform. However, all editing and renderings can be done unlimitedly during the first 48 hours after the first rendering of the video. After 48 hours, the editing button will no longer be visible. 

Number of renderings given per plan is determined by CANVAS and subject to change without prior notice.  

5. USE OF SERVICES

5.1 Responsibilities of Canvas. Canvas shall: (i) provide the SERVICES only in accordance with applicable laws and government regulations; (ii) maintain reasonable administrative, physical and technical safeguards for the protection, confidentiality and integrity of any electronic data, video, artwork, screen names, graphics (including logos), photos, profiles, audio (including music), links, software or written content or any other files, or any other information supplied by you or your Users, but excluding any Canvas Applications, templates, sample or demonstration content or files utilized or provided by Canvas as part of the SERVICES; and (iii) use commercially reasonable efforts to restore any lost User Content or images generated from fee-based SERVICES in the event of unavailability due to a failure in the SERVICES, provided that Canvas shall have no liability whatsoever for the loss of any such User Content or images or its failure to restore the same. You may contact Canvas through Canvas Support or via Intercom to receive basic support SERVICES for the purchased SERVICES at no additional charge and/or upgraded support if made available by Canvas and purchased by you separately by way of a written agreement between Canvas and you. 

You acknowledge and agree that there may be interruptions in your use of the SERVICES including, without limitation, (a) planned downtime (of which Canvas shall endeavor to give at least 8 hours’ notice on its Website, or (b) any unavailability caused by circumstances beyond Canvas reasonable control, including without limitation, unusually heavy traffic to the Website, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Canvas employees), Internet service provider failures or delays, or any failures, delays or downtime caused by Canvas vendors, including, without limitation, the unavailability or modification by third parties of Third Party Applications. Canvas shall have no liability for any such interruptions from any cause whatsoever. 

5.2 Your Responsibilities. You are responsible to ensure that the User Content and any images generated by you and your Users during use of the SERVICES comply with all applicable laws. You shall be responsible for any and all costs associated with your use of the SERVICES and the images generated thereby. You also agree to comply with any privacy policies and any rules or guidelines required by the applicable Third Party Application you run using the Canvas Applications. You understand and agree that Canvas may also be subject to such rules or guidelines, which may in turn condition or limit the features, functions, workflow, look and feel, or content you may use or display. 

5.3 Hosting of Canvas Applications. Canvas will host Canvas Applications (except for off-line components or applications) and may update the functionality and user interface of the SERVICES from time to time, in its sole discretion, in an effort to continue to improve the SERVICES and your use of the SERVICES. Certain Canvas Applications or portions of the SERVICES may be subject to limitations not specified herein. Such limitations will be specified in the Licenses, on the Pricing List (as the same may be updated from time to time) or in the Additional Terms.  

6. YOUR CONTENT

6.1 For any image, video, text, audio, or any other content that you upload or post to the Site (“Your Content”), including but not limited to the Site Services, you represent and warrant that: (i) you have all necessary rights to submit Your Content to the Site Services and grant the licenses set forth herein; (ii) Canvas will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms of Use and all applicable laws. 

 6.2 By uploading Your Content, you grant Canvas a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site Services and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely. 

6.3 You may not upload, post, or transmit any video, image, text, audio recording, or other content that:  

- Infringes any third party's copyrights or other intellectual property rights or any right of publicity or privacy; - Contains any pornographic, defamatory, or otherwise unlawful or immoral content. - Exploits minors; - Depicts unlawful or violent acts; - Depicts animal cruelty or violence towards animals; - Promotes fraudulent schemes or gives rise to a claim of deceptive advertising or unfair competition; or - Violates any law, statute, or regulation.

7. INFRINGEMENT CLAIMS / DMCA NOTICES

7.1 If you believe that any Image or other material made available by Canvas infringes upon any copyright that you own or control, you may notify Canvas in the manner set forth in our DMCA Copyright Infringement Notice Policy.

8. LIMITATIONS

8.1 You agree that you shall not:  

- Engage in any conduct that shall constitute a violation of any law or that infringes the rights of Canvas or any third party. - Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms of Use. - Violate the rights of Canvas or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.

9. RESTRICTION AND TERMINATION OF USE

9.1 Canvas may block, restrict, disable, suspend or terminate your access to all or part of the Site, the Site Services, and/or Canvas Content at any time in Canvas discretion, without prior notice or liability to you. Any conduct by you that, in Canvas sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site or the Site Services is strictly prohibited and may result in the termination of your access to the Site or the Site Services without further notice.

10. LINKS TO THIRD PARTY SITES

10.1 In the event that Canvas provides links from its website to any third-party website or permits any third party to link from its website to the Canvas website, you should be aware that Canvas makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their websites. Such websites are not under the control of Canvas, and Canvas provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Canvas.

11. WARRANTIES AND DISCLAIMERS

11.1 Your use of the Site and the Site Services are at your own risk. The Site and the Site Services, are provided by Canvas under these terms of use "as is" without warranty of any kind, either express, implied, statutory or otherwise. Canvas expressly disclaims any and all warranties of any kind, whether express or implied, to each and any Site Services made available at any time, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Canvas makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. Canvas makes no representations or warranties that the Site Services will be permitted in your jurisdiction, that the Site Services or your use of the Site Services will be uninterrupted or error-free, that any of Your Content submitted by you will be available through the Site Services or will be stored by the Site Services, that the Site Services will meet your needs, or that Canvas will continue to support any particular feature of the Site Services. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site Services, and no warranties shall apply after such period.

12. PERSONAL INFORMATION AND PRIVACY

12.1 Canvas will use and protect your data, such as your name and address, in accordance with the Canvas Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.

13. INDEMNIFICATION

13.1 You agree to defend, indemnify and hold harmless Canvas, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your conduct, your use or inability to use Site, the Site Services, your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein, your unauthorized use of the Canvas Content, or your violation of any rights of another.

14. GOVERNING LAW AND JURISDICTION

14.1 These Terms of Use are governed by and shall be construed in accordance with the laws of United Kingdom. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to these Terms of Use shall be heard and decided exclusively before the courts located United Kingdom and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms of Use may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. These Terms of Use shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these Terms of Use shall not affect the validity or enforceability of the balance hereof.

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