Welcome to 1st Reputation.com, the website and online service of 1st Reputation. (“1st Reputation,” “we,” or “us”). This page explains the terms by which you may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service, you agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the 1st Reputation Privacy Policy about.canva.com/privacy-policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, members, contributors and others who access the Service (“Users”).
This Agreement hereby incorporates the terms of the following additional documents, including all future amendments or modifications thereto:
- The Contributor Agreement
- One Time Use License Agreement
- Multi-Use License Agreement
- Unlimited Reproductions Extended License Agreement
- Multi-Seat Extended License Agreement
- Items for Resale Extended License Agreement
- The Royalty Schedule
- The Canva Privacy Policy
Please read this agreement carefully to ensure that you understand each provision.
1. Use of Our Service
Our Service in a Snapshot. 1st Reputation operates an online design platform and media licensing service that empowers our users, members, artists, designers, photographers and others to design and collaborate. We provide ready-made media and content that is licensable for use in accordance with our various licenses.
Eligibility. You may use the Service only if you can form a binding contract with 1st Reputation, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. You must be 13 years old or older to use or access the Service, unless you are under 13 years old and your use of the Service is directly supervised by your parent or guardian or another authorized adult (e.g., a teacher) who agrees to be bound by this Agreement. Any use or access to the Service by anyone under 13 who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement. The Service may not be available to any Users previously removed from the Service by 1st Reputation. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.
License to use the 1st Reputation Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. 1st Reputation reserves all rights not expressly granted herein in the Service and the 1st Reputation Content (as defined below). 1st Reputation may terminate this license at any time for any reason or no reason.
Additional terms may apply for any content that you download from or upload to the Service. Any such additional terms will be made available to you prior to initiating any applicable uploads or downloads.
2. 1st Reputation Accounts
Your 1st Reputation account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a 1st Reputation account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to 1st Reputation with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You may not allow any other party to access or use the Service with your unique username, password, or other security code. You must notify 1st Reputation immediately of any breach of security or unauthorized use of your account. 1st Reputation will not be liable for any losses caused by any unauthorized use of your account.
By providing 1st Reputation your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
1st Reputation usernames are provided on a first-come, first-served basis and may not be offered for sale, sold, bought, solicited, or inactively held for future use. Inactive accounts may be renamed at any time without notification.
3. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the 1st Reputation servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) using any 1st Reputation Content (as defined below), including any 1st Reputation trademarks, in any manner that might tarnish, disparage, or reflect adversely on such 1st Reputation Content; (xiv) using any 1st Reputation trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (xv) adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with 1st Reputation trademarks; (xvi) copying, imitating or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of 1st Reputation; (xvii) using any 1st Reputation Content to link to the 1st Reputation website without the prior written consent of 1st Reputation; or (xviii) framing or hotlinking to the Service or any content other than your own without the prior written consent of 1st Reputation.
Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the 1st Reputation Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorization from 1st Reputation prior to establishing another account. If you attempt to establish another account without obtaining such authorization, 1st Reputation may permanently ban you from the Service. You may not have more than one active account at any time without the written consent of 1st Reputation in each instance. If such consent is granted, you may not submit identical Stock Media (as defined below) to more than one account.
You are solely responsible for your interactions with other 1st Reputation Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. 1st Reputation shall have no liability for your interactions with other Users, or for any User’s action or inaction.
4. User Content
4.1 General
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, or otherwise makes available on 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.
4.2 Uploading User Content to 1st Reputation.
You agree not to submit 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, profane, or otherwise objectionable; (vi) 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); (vii) 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 (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post 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. 1st Reputation reserves the right, but is not obligated, to reject and/or remove any User Content that 1st Reputation believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on 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 1st Reputation’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.
- 1st Reputation 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 consists in whole or in part of design elements, fonts, clipart, sprites, vectors, brush tools and the like that are included in design programs, by uploading any such User Content to 1st Reputation, 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 any part of whole of the User Content created by you, and to license such User Content to 1st Reputation 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 1st Reputation.
- You will not engage in pay per click advertising using keywords which compete with 1st Reputation’s own campaigns in order to promote your relationship with 1st Reputation nor will you use or engage a third party on your behalf to use 1st Reputation in any domain name.
Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, 1st Reputation shall send you written notice of such claim, using the email address provided by you to 1st Reputation, specifying the details of the claim as then known to 1st Reputation. Pending the determination of such claim, 1st Reputation 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 1st Reputation.
1st Reputation takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing 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 1st Reputation shall not be liable for any damages you allege to incur as a result of User Content or Stock Media.
5. User Content License Grant
By publishing any designs containing User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant to 1st Reputation a multi-use, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and 1st Reputation’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. For the avoidance of doubt, User Content does not include Stock Media. Stock Media is licensed to 1st Reputation.
6. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, User Content belonging to other Users, and Stock Media belonging to other Users (the “1st Reputation Content”), and all Intellectual Property Rights related thereto, are the exclusive property of 1st Reputation and its licensors (including other Users who post User Content or contribute Stock Media (as defined below) to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any 1st Reputation Content. Use of the 1st Reputation Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
7. Stock Media Licenses
7.1 General.
The Service provides certain functionality that allows you to create visual designs (“1st Reputation Designs”). 1st Reputation Designs can be downloaded/exported from the Service in a range of formats, including without limitation PDF, JPEG, or HTML (“Export,” “Exports,” “Exported, “Exporting”). You may create 1st Reputation Designs using only your own User Content, or you may choose to incorporate Stock Media into your 1st Reputation Design. You may Export a 1st Reputation Design comprised solely of your own User Content at no cost. However, you may only Export a 1st Reputation Design comprised in whole or in part of any Stock Media in accordance with the terms of one of the licenses contained in this Section.
7.2 License Types.
In order to Export any Stock Media from the Service, you must license the Stock Media under one of the licenses provided below. By Exporting any Stock Media from the Service, you hereby agree to be bound by any applicable terms and pay all applicable fees. If you license the Stock Media as a Brand Owner, the licenses granted under the licenses provided below will be granted to you and the applicable Brand, for use by you and other Users who have been authorized under the Brand, solely in connection with the Brand. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Stock Media pursuant to any license provided by 1st Reputation.
8. Feedback
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place 1st Reputation under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, 1st Reputation does not waive any rights to use similar or related ideas previously known to 1st Reputation, or developed by its employees, or obtained from sources other than you.
9. Paid Services
9.1 Billing Policies.
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. 1st Reputation may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
9.2 No Refunds.
You may cancel your 1st Reputation account at any time; however, there are no refunds for cancellation. In the event that 1st Reputation suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
9.3 Payment Information; Taxes.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.
10. 1st Reputation Property
Certain aspects of the service may allow you to obtain certain reputational or status indicators (“1st Reputation Property”). You understand and agree that regardless of terminology used, 1st Reputation Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at 1st Reputation’s sole discretion. 1st Reputation Property is not redeemable for any sum of money or monetary value from 1st Reputation at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of 1st Reputation on 1st Reputation servers, including without limitation any data representing or embodying any or all of your 1st Reputation Property. You agree that 1st Reputation has the absolute right to manage, regulate, control, modify and/or eliminate 1st Reputation Property as it sees fit in its sole discretion, in any general or specific case, and that 1st Reputation will have no liability to you based on its exercise of such right. All data on 1st Reputation’s servers are subject to deletion, alteration or transfer.
Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on 1st Reputation’s servers, may be deleted, altered, moved or transferred at any time for any reason in 1st Reputation’s sole discretion, with or without notice and with no liability of any kind. 1st Reputation does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on 1st Reputation’s servers.
11. Privacy
We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our
Privacy Policy and to have your personal information collected, used, transferred to and processed in the United States.
12. Security
1st Reputation cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
13. DMCA Notice
Since we respect artist and content owner rights, it is 1st Reputation’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify 1st Reputation’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit 1st Reputation to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Real Strategic, Inc.
℅ Ad Kahuna
PO Box 2792
Jupiter, FL 33468-2792
United States of America
Email: copyright@canva.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying 1st Reputation and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with 1st Reputation’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, 1st Reputation has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. 1st Reputation may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
14. Third-Party Links
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by 1st Reputation. 1st Reputation does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and 1st Reputation’s Privacy Policy do not apply to your use of such sites. You expressly relieve 1st Reputation from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that 1st Reputation shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
15. Indemnity
You agree to defend, indemnify and hold harmless 1st Reputation and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content, your Stock Media, or any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
16. No Warranty
The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, 1st Reputation, its subsidiaries, and its licensors do not warrant that the content, including without limitation User Content and Stock Media, is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
1st Reputation does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the 1st Reputation service or any hyperlinked website or service, and 1st Reputation will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
17. Limitation of Liability