About us and these terms
- Hi, we’re The Social Media Company Ltd. and welcome to Social Media Content, a subscription service for digital Items created by designers and creatives from around the world. When we say ‘we’, ‘us’ or ‘Social Media Content’, ‘SMC'” it’s because that’s who we are and we own and run the Social Media Content platform.
- When you create an Social Media Content account and accept these terms, you become a member of our community. You agree to follow the ground rules outlined in these terms during your time with us, so please read and understand them. If you don’t accept the terms, we’ll be sad, but you will need to leave because your presence on and use of the Social Media Content platform is conditional on your acceptance to be bound by these terms whether you become a member or not.
- The respective rights holder owns the Items on Social Media Content. They are licensed to you under the terms of the social Media Content License (as amended from time to time) at the direction of authors.
How browsing and membership works
- Browsing: You need to be 16 years or over Social Media Content. We don’t knowingly collect any information from anyone aged 16 or under. When browsing Social Media Content, you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of Social Media Content whether or not you’re a member.
- Content available to browsing users: On certain parts of Social Media Content (such as the free templates), a limited range of content is made available to you without requiring a Social Media Content membership or subscription. The content available to you without needing a membership or subscription is also subject to the Social Media Content license.
Becoming a Subscriber
- Subscription types: When you become a Subscriber, you get to access our library of Items that must be used in accordance with the Social Media Content license for Individuals is a single-seat usage subscription only, available for a single real person or a single seat usage by a company with less than fifty employees. You are not permitted to share the seat.
- If your company has over 50 employees, please contact us to discuss an Enterprise account.
- Authority to agree to these terms: If you are a company or organization, both you and the natural person who signs up on your behalf represent and warrant that this person has the authority to bind your company or organization.
- Age: You need to be 18 years or over to become a Subscriber. If you’re under 18, you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.
- Your responsibility: You promise that the information you give us is true, accurate, and complete and that you will keep your account information up-to-date (including a current email address). Your subscription is not transferable. You are responsible for any use of Social Media Content that occurs in conjunction with your username and password, so keep your password secure and don’t let any other person use your username or password. If you realize there’s any unauthorized use of your password or any security breach, you need to let us know immediately.
- To avoid misusing our service, you have 15 credits per day which you can use to download template packages (one package contains 50-100 templates). Every day during your subscription these credits will restore and you can download new templates to your Canva account. Credits won´t stack but if you have opened a template, you don´t have to use any credit again to re-download it.
How downloading and registering Items works
- What do you get when you download an Item?
Effect of ceasing subscription: As Social Media Content is a subscription service, certain rights granted under an Item license are only applicable for as long as your Social Media Content subscription is active.
Services: As a Subscriber, you also receive services from us like account support, fraud protection, library-quality control and other related services.
Support: We do our best to make sure that Items are high quality. However, due to the unlimited downloads on Social Media Content, the Items do not include the level of after-sale support that you would find for similar items purchased separately on Social Media Content.
Transacting as a Subscriber:
- You can pay for your subscription via PayPal or credit card. You may be required to pay a handling fee depending on the method of payment you choose.
- By signing on as a Subscriber, you must agree to the individual payment terms that relate to your chosen method of payment, as notified to you. You agree that at the conclusion of a time-limited free trial or introductory offer, your subscription will automatically renew at the pricing and frequency notified to you at the start of the trial or offer.
- In the event that you select an ongoing, regular payment method (for example, a monthly credit card or PayPal payment) and that payment fails to occur, we may immediately suspend your subscription until payment has been made. If we suspend your subscription, your rights under these terms and the Social Media Content License will also be suspended.
- Currency conversion costs: You are responsible for all costs of currency conversion relating to your Social Media Content Subscription. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
- This means that you may incur additional costs when subscribing to Social Media Content, which we have no control over.
- Terms of subscribing: When you subscribe to Social Media Content, you do so on the following terms:
- you promise to us that you understand what you can and can’t do with your downloaded Items in accordance with the Social Media Content License;
- the authors and we do not promise that any particular Item will continue to be available on Social Media Content;
- you do not gain any ownership rights in a downloaded Item.
- You must understand the terms on which you are making a purchase. Please take the time to review this section carefully.
- The final prices and fees are inclusive of transactional taxes where relevant (like VAT and GST). Our promotional materials will state whether or not the price is inclusive or exclusive of transactional taxes.
- You are responsible for paying all other fees and taxes associated with your use of Social Media Content wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).
Refunds and cancelations
- Given the nature of digital content, we do not generally offer a refund or credit on a purchased subscription unless we have made changes to these terms that materially affect you to your detriment.
- We will assess refund or credit requests on their merits. There is generally no obligation to provide a refund or credit in situations like the following:
- you have changed your mind about your subscription;
- you subscribed by mistake;
- you do not have sufficient expertise to use the Items made available;
- you ask for goodwill; or
- you can no longer access any of your desired Items because they have been removed from Social Media Content
- If we decide to issue a refund or credit, this will generally be done using the same manner used to make the purchase. Any payment made to you will be made in the currency Social Media Content offered to you when you purchased your subscription (US Dollars), under the rules of the payment method (see section – Currency conversion costs about currency conversion back to your local currency).
- It is important that you understand how refunds work.
- Disputes lodged with payment agents: If, as a Subscriber, you lodge a dispute with a payment agent, this will result in a freezing of your Social Media Content subscription and your Social Media Content account until the dispute raised with the payment agent has been cancelled. This makes it very complex to resolve any related issues so we encourage you to contact us directly first to see if we can help resolve any concerns.
Social Media Content License
- For each digital file (called a “Template“) you download under your Social Media Content subscription, you are granted a license to use the Template on a non-exclusive, commercial, worldwide, and revocable basis. Remember, if you want to use an Item, you must have a valid and live subscription.
- You can use a Template to create an End Product for yourself or a client. If you use a Template to create an End Product for a client, you can transfer the End Product to your client as long as the subscription remains active.
- You can make any number of copies of the End Product created using a Template. You can distribute the End Product through multiple media. See below for more details.
- You can modify or manipulate a Template or combine the Template with other works to suit your End Product. The resulting works created using the Template are subject to the terms of this license.
Things you can’t do with a Template
- You can’t use a Template to create an End Product after your subscription ends. If you’ve downloaded a Template on your device, you need to delete the Template once your subscription ends.
- You can’t redistribute the Template as stock. You can’t do this with a Template either on its own or bundled with other templates, and even if you modify the Template. You can’t redistribute or make available the Template as-is or with superficial modifications. These things are not allowed even if the redistribution is for free.
- You can’t use a Template in any application allowing an end-user to customize a digital or physical product to their specific needs, such as an “on demand”, “made to order” or “build it yourself” application.
- You can’t use a Template for merchandising, which means an End Product created using that Template where the primary value of the product lies in the Template itself.
- For clarity, sharing templates on your own social media profiles or your client’s social media profiles is allowed.
- For example, you can’t sell these templates, as the primary value is the Template itself. However, you can sell services like social media management and post our templates to your customer’s social media channels, as the primary value is the service and not the Template itself.
- You can’t claim trademark or service mark rights over a Template within the End Product created using that Template.
- What we own: We own all the Content that we have put on Social Media Content (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the Social Media Content site, and copyright, trademarks, designs, and other intellectual property on Social Media Content. We own all the trademarks, logos, service marks and trade names on Social Media Content (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our Content or use any of our intellectual property in any way not expressly stated in these terms.
- Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others. If you believe that an Item or any content on Social Media Content infringes any intellectual property right (including copyright) please see the information in our Intellectual Property Policy.
- Our Intellectual Property Policy is where you will find all the information relating to how we treat intellectual property on Social Media Content, including copyright and other rights.
Our use of your information
- Confidential Information: We value your information and take reasonable precautions to protect it. While using Social Media Content, you may also become aware of confidential information about us, or someone else. You promise not to disclose any confidential information made available to you through Social Media Content to any other person.
- Prohibited Conduct: Your use of Social Media Content including the content and the Items must comply with our policies from time to time (as published on the Social Media Content site) including the Acceptable Use Policy and the Fair Use Policy.
Linking; apps made by others
- Linking to Social Media Content: We reserve the right to insist that any link to Social Media Content be discontinued, and to revoke your ability to link to Social Media Content.
- Links from Social Media Content: The Social Media Content platform and Item downloads may contain links to other non-Social Media Content sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.
- Eligibility, suspension or termination: Being a Subscriber is not an automatic right, it is a benefit for those who follow our reasonable rules. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of Social Media Content complies with these terms. We can suspend or terminate your subscription account at any time for any reason (acting reasonably of course) including:
- if you breach these terms;
- if you act in a way that does not align with the values of our community; or
- if you act in a way that could cause us or others harm.
- If we do decide to permanently terminate your Social Media Content account you must not apply for a new account as unfortunately you will no longer be welcome in our community. This decision may also apply to all of your Social Media Content accounts you use on other Social Media Content sites.
- The Social Media Company Ltd’s Companies: If an indemnity, limitation or disclaimer of liability, promise or release (a ‘benefit’) is given in our favour in these terms or the Social Media Content License we hold that benefit on trust for the other The Social Media Company Ltd’s Companies. We may enforce that benefit as trustee for and on behalf of the other The Social Media Company Ltd’s Companies as beneficiaries under that trust.
- We may use the services of another The Social Media Company Ltd’s Company to collect payment or carry out other activities with you to bring you Social Media Content.
Liability and indemnity – between Subscribers and us
- You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to use of Social Media Content, any Item or the products or services forming part of any Third Party Offer.
- Social Media Content, the Items and all Third Party Offers are made available to you on an “AS IS” basis. Subject to clause 42, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability, and fitness for a particular purpose.
- Our liability to you in connection with Social Media Content or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
- we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and
- our total aggregate liability to you is otherwise limited to the total amounts paid by you to us for your Social Media Content subscription in the 6 months immediately preceding the date on which the claim giving rise to the liability arose.
- Availability: We strive to have Social Media Content available to you 24 hours a day, seven days a week, but you know how the internet works: occasionally you might not be able to access Social Media Content, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how Social Media Content works, including the kinds of Items available on Social Media Content. The Social Media Company Ltd’s Companies will not be liable to you for any loss you suffer as a result of these things.
- Third party: If you’re agreeing to these terms on behalf of someone else then you’re promising to us that you have full legal authority to bind that third party. Remember that only real people can subscribe to Social Media Content.
- Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we are bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the relevant Item or service, (unless the non-excludable consumer guarantee says otherwise). You must not use an Item in violation of any export laws that apply to you.
- Blocking you, disabling your subscription or refusing to process a payment: We may block you, terminate your subscription or refuse to process a payment if we reasonably believe there is a risk associated with you, your subscription, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the Australian government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You promise that you are not located in a sanctioned country and are not on a sanctioned persons list. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments. We may take any of the actions stated in this section without notice and against all of your Social Media Content accounts you use on other The Social Media Company Ltd’s sites. As our sites are global, there are different laws that may apply and these may restrict our relationship with you.
- US-specific controls: Social Media Content is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department’s list of Specially Designated Nationals List (SDN list). You must not export or re-export Social Media Content Items to a U.S. sanctioned country or to anyone on the SDN list.
- Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way.
- Notices: Any notice you send us must be submitted via a help request. Any notice we send to you will be emailed to the email address you provided to us.
- Changes to these terms: We may change these terms (including the Social Media Content License) at any time and, if we make changes, we will take reasonable steps to let our Subscribers know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. If a change we make has a material effect on you to your detriment then you may, upon demonstrating that detriment to us, cancel your Social Media Content subscription in accordance with section 22 above. However, if you continue to use Social Media Content after the changes are made, you will agree to the changes regardless of the amount of time that has elapsed.
- Whether a change has a material effect on you to your detriment depends on the nature of the change and your particular circumstances. For example, a change that causes you to incur increased transaction fees or removes an entire category of Items could have a material effect on the amount of value you get out of Social Media Content. The removal of individual items or a minor clarifying change to the Social Media Content License will not typically have a material effect on you to your detriment.
- Interpretation: Words like ‘include’ and ‘including’ are not words of limitation, and where anything is within our discretion, we mean our sole discretion.
- Applicable Laws: We control and operate Social Media Content from our offices in Finland. The laws of Forssa, Finland govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.
Social Media Content: The Social Media Company Ltd
The Social Media Company Ltd’s company: any company that controls, is controlled by or is under common control with The Social Media Company Ltd.
Social Media Content’s Content: is all the content that we have put on Social Media Content and includes the design, compilation, and look and feel of Social Media Content, and copyright, trademarks, designs and other intellectual property on Social Media Content (unless otherwise stated and excluding content owned by others like author content)
Handling fee: the fee Subscribers may pay, depending on their subscription payment method.
Items: digital goods found on Social Media Content, which may (but won’t necessarily) include goods like graphic design templates made in Canva.
Subscriber: a person who signs up by creating an account and accepting these terms.
Payment method: any payment agent or method we make available on Social Media Content.