4. User Content
Some areas of the Service allow Users to submit and publish content such as profile information, comments, questions, photographs, illustrations, fonts, designs, and other content or information (any such materials a User submits, posts, displays, prints or otherwise makes available on or via the Service without compensation “User Content”). You retain ownership of your User Content, and you understand that if you post User Content under a Brand, the Brand Owner will own—and be entirely responsible for—all such User Content. For the avoidance of doubt, User Content does not include Stock Media (which is covered in our Contributor Agreement).
4.2 Uploading and Publishing User Content to Canva.
You agree not to submit or use User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, hostile, violent, or that which provokes violence or hostility, profane, or otherwise objectionable; (vi) contains any information which discriminates against others based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; (vii) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (viii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (ix) contains any information or content that you know is not correct and current. You agree that any User Content does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy or publicity. Canva reserves the right, but is not obligated, to reject and/or remove any User Content that Canva believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on or via the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. Further, you understand that if you contribute User Content under a Brand, the Brand Owner will own—and be entirely responsible for—all such User Content.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
- Your User Content and Canva’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy and publicity rights.
- Canva may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
- There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content or which might in any way impair the rights granted by you hereunder.
- If your User Content contains or incorporates in any manner any components including but not limited to design elements, fonts, clipart, sprites, vectors or brush tools and the like that are included in design programs, by uploading any such User Content to Canva, you represent and warrant that the end user license agreement, terms of service or the equivalent license agreed to by you allows you to incorporate such elements in the User Content created by you, and to license such User Content to Canva for the purposes set forth herein.
- Your User Content is neither obscene, defamatory, or otherwise objectionable.
- To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
- You will not transmit unsolicited emails or engage in spamming to publicize or promote your relationship with Canva.
- If you use the Service to post, publish or print User Content, you agree that you have verified that the User Content does not contain anything that is illegal, infringes (or is otherwise deceptively similar to) any third-party’s Intellectual Property Rights, or otherwise breaches these terms.
- You will not engage in pay per click advertising using keywords which compete with Canva’s own campaigns in order to promote your relationship with Canva nor will you use or engage a third party on your behalf to use Canva in any domain name.
Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, Canva shall send you written notice of such claim, using the email address provided by you to Canva, specifying the details of the claim as then known to Canva. Pending the determination of such claim, Canva may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by Canva.
Canva takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, publishes or prints over or using the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing and printing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content or Stock Media that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Canva shall not be liable for any damages you allege to incur as a result of User Content, Stock Media or your use of either in printed form. In the event that your User Content is alleged to be offensive, inappropriate for children, unlawful or otherwise in breach of these terms, you agree that Canva may disclose such User Content to law enforcement or other government authorities.
4.3 User Content on Canva Print
In some countries, you may be eligible to order prints of your User Content on Canva Print, as part of the Services. Your use of Canva Print is subject to these terms.
Canva has engaged third party supplies who will be responsible for completing your print order once you submit a print order using the Service. We do not control these third party supplies and your order may, from time to time, be affected by circumstances outside of Canva’s control. If you experience any issues, please visit Canva Print Customer Service. Please do not provide our third party suppliers with your personal information at any time.
You may order using Canva Print at your own cost, with such cost to be calculated and included as part of your fee. Unfortunately, we cannot guarantee delivery times for orders using Canva Print. If we provide you with a delivery time, it is an estimate only and we are not responsible or liable for any delays with shipping. You agree to hold harmless Canva and its third party suppliers for any loss, cost or expense that you incur in connection with your use of Canva Print.
By printing User Content on Canva Print, you agree to take steps to verify that the User Content does not contain or consist of anything that is prohibited under these terms or is otherwise unlawful. You agree that this is not the responsibility of Canva or its third party suppliers, despite Canva and its third party suppliers having the right to refuse your order (which right you acknowledge).