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MiriCanvas License Agreements (Effective Date: October 13, 2022)

Foreword

MiriCanvas includes contents whose copyrights are owned by MIRI D.I.H Co., Ltd (hereinafter “Company”), as well as contents provided by content suppliers either for free or paid.

By using the contents provided by MiriCanvas, users shall be deemed to have agreed to adhere to the license agreement for said contents, as well as the MiriCanvas Terms and Conditions and Privacy Policy.

 

Article 1 (Definitions of Terms)

“Contents” include “Design Elements”, “Templates” and the metadata for each such as keywords, names and descriptions.

“Design Element” refers to all free or paid photos, bitmap images, vector images, GIF animations, icons, lines, shapes, illustrations, fonts, videos, audio, font and other data provided by “Company” for use by the “User” via the “Editor”.

“Template” refers to a combination of a plurality of “Design Elements” which can be edited and used by the “User” via the “Editor”.

“User Element” refers to all types of photos, images, fonts, videos, audio and other data uploaded directly by “User” of MiriCanvas.

“User Design” refers to design data in an editable format that is saved by the “User”, created through the “Editor” using “Templates”, “Design Elements” or “User Design Elements”.

“Derivative Works” refers to all outcomes created by the “User” for web posting or printing using “User Design”.

 

Article 2 (Basic License Policy)

By using the “Contents” provided by MiriCanvas, the “User” is deemed to have consented to the scope of use and restrictions on use as prescribed in the present license agreement.

None of the contents provided by MiriCanvas may be used without agreeing to the terms of the present agreement.

“Company” retains the right to cancel or modify the licenses granted under the present agreement without prior notice.

All contents provided by MiriCanvas are protected under domestic and international copyright laws.

All rights not explicitly granted to the “User” through the present license agreement (copyrights, intellectual property rights, and others) are held by “Company” and the original author(s).

 

Article 3 (License for Free Content)

Following are the content suppliers who provide free contents to MiriCanvas.

Gongu Madang (Link to Korea Copyright Commission’s license policy)

Korea Open Government License (KOGL; Link to Korea Culture Information Service Agency’s license policy)

Pixabay (Link to Pixabay license policy)

Pexels (Link to Pexels license policy)

See find out more in the information for each content to find out which license applies to the contents provided by each of the free providers (hereinafter “Free Content”).

 

Donated works

Korea Open Government License (KOGL) works

Creative Commons Zero or Public Domain works

Creative Commons License works

 

“Free Content” must be used in compliance with the license policy specified by each supplier. 

Click the links provided above for each type of “Contents” to view additional information.

 

Article 4 (License for Paid Content)

All contents not indicated as “Free Content” are provided through partnership agreements between “Company” and paid suppliers (hereinafter “Paid Content”). The following license applies to “Paid Content.”

A “Paid Content” license grants the “User” a non-exclusive and non-transferable license to use a single “User Design” for an indefinite period of time.

A “Paid Content” license grants the “User” the right to use the “Paid Content” for personal, non-commercial or commercial purposes within the scope of use as permitted or restricted under Article 7, Article 8 and Article 11 below.

 

For specific examples on permitted or restricted uses under a “Paid Content” license, please refer to the examples below or contact the MiriCanvas Customer Center (miricanvas@miricanvas.com). 

 

Article 5 (Granting of License)

Licenses of each “Contents” used by the “User” are granted when a “User Design” has been shared, published to web, inserted, downloaded and ordered design on MiriCanvas.

“Free Content” licenses are issued free of charge to all users, but “Paid Content” licenses are granted as follows.

If a user who has not entered into a subscription agreement (hereinafter “Free User”) wishes to use “Paid Content,” such user may be granted a “Paid Content” license after paying a separate license fee.

“Company” may grant a “Paid Content” license for some “Paid Content” to free users as part of a promotion. Such licenses will remain effective even after the promotion has ended.

MiriCanvas users using Pro or Enterprise plans (hereinafter “Subscribed Users”) may be granted a license to all “Paid Content” at no additional cost.

"Paid Content" licenses are valid only for a single “User Design” and apply regardless of size changes to a design document, but do not apply to new design documents generated using the “Create Copy” feature.

 

In cases where a “Free User” uses the “Create Copy” feature on a “User Design” that includes “Paid Content” to create a new design document, said free user must obtain a new "Paid Content" license by paying an additional license fee.

If a “Subscribed User” of MiriCanvas uses the “Create Copy” feature on a “User Design” that includes “Paid Content” to create a new design document, a new “Paid Content” license is automatically regranted and applied without additional cost.

 

Article 6 (Additional Rights to Commissioned Designs)

The “User” may, in accordance with the conditions below, create and deliver “User Design” that include free or “Paid Content” for use by persons directly having commissioned the “User” (hereinafter the “Client”) or customers of the “User” (hereinafter “User Customer”).

 

The “User” must enter into a written agreement with the “Client” or “User Customer” prescribing that the “Client” or “User Customer” must adhere to the Terms and Conditions of “Company” when using “User Design” created using MiriCanvas.

The “User” must notify the “Client” or “User Customer” that the “User Design” manufactured using the services of “Company” must be used in its original form.

The “User” shall be fully responsible for ensuring that the “Client” or “User Customer” adheres to the Terms and Conditions and the present license agreement set forth by “Company.”

The “User” may only transmit a single “User Design” created using MiriCanvas to a single “Client” or “user customer.”

A “User Design” delivered by the “User” may not be transferred or assigned to a third party by the “Client” or “user customer.”

 

 

Article 7 (Permitted Use of all Contents)

The permitted scope for the use of “User Design” including “Free Content” or “Paid Content” by the “User” under the present license agreement is as follows.

 

Designs for printed promotional materials including banners for publicity or sales, placards, banners, flyers, posters, stickers, business cards, labels, product packaging, newspaper advertisements, catalogs, brochures, leaflets, cards and postcards

Designs for posts, web banners, profile images and videos to be used on social media such as blogs, Twitter, TikTok, Snapchat, Facebook, Instagram, KakaoTalk, LinkedIn, WhatsApp, Line, and others

Designs for use as thumbnail images, channel art, or channel logos on video platforms such as YouTube and Twitch

Designs for inserting into videos to be used on platforms such as YouTube and Twitch

Thumbnail images for online broadcasts, and podcasts, and cover images for audiobooks, digital books, electronic publications, and others.

Publishing on online display advertising media such as GDN, DDN, EDN, MobiON, Targeting Gates, and Criteo

Mobile device or desktop computer wallpapers for personal use

Designs for use and display through media such as MMS and photo messages

Designs for school or university projects, lectures or assignments

Cover or inner designs for printed publications such as books and magazines, or online publications such as e-books and digital books

Designs for stationeries such as notebooks or memo paper, key rings, tumblers, hand mirrors, t-shirts (company uniforms), tote bags, and others for personal use and not intended for sale or resale

Designs for presentations and lectures

Designs for detailed product information pages on online shopping malls, or for product thumbnail images

Designs for advertising and publicity cards, leaflets, stickers and coupons

Designs for corporate public relations materials or project reports in PPT format, wherein the “User Design” cannot be edited

Use of “User Design” created by the “User” in portfolios

(※ The source of the design must be clearly indicated in the portfolio, stating that the design has been created using the service of “Company”)

 

Editing using other editing programs or services (Photoshop, Illustrator, Premiere, PowerPoint, Word, and others) is permitted to a limited extent as stated below.

  1. Programs such as PowerPoint may be used to make the following changes to downloaded PPT files: modifying the position and size, or deleting elements and text; applying animation effects; and adding new pages and text.
  2. “User Design” downloaded as image files (JPG, PNG, GIF) may be used in their original form in combination with other images, video or sounds.
  3. Text, effects or elements may be inserted into “User Design” downloaded as image files (JPG, PNG, GIF), which may be resized and cropped.
  4. Downloaded video files may be combined in their original state with other video or sounds. Subtitles, dubbing, effects and elements may be inserted, video length may be edited, and video may be cropped. 
  5. Sound files provided as “Design Elements” may be used in their original state as background music and sound effects for “User Design”. However, only the length of sound files may be adjusted, and edits, remixes, and other modifications are not permitted.
  6. The “User” shall be fully legally liable for text, effects and elements used in the process of editing downloaded “User Design” in other editing programs or services.
  7. If a copyright infringement dispute arises due to a derivative work created by editing a “User Design” on another editing program or service, the “User” shall be solely liable, and “Company” shall not be held liable in any capacity.

 

 

Article 8 (Permitted Use of “Free Content”)

The “User” may use the “Free Content” provided by MiriCanvas in the following ways.

 

The contents may be used in one or more “User Design” without the need to purchase additional licenses.

Using only “Free Content,” websites, social media sites, documents, projects, or Templates can be created for distribution or sale to third parties.

Using only “Free Content,” Templates can be created for online resale.

Using “Free Content,” you may post copies of contents on network servers or web servers for use by “Client” or “User Customer”.

Even if a “User Design” uses “Free Content,” use for the purposes stated above is not permitted if “Paid Content” are included.

 

 

Article 9 (Prohibited Use of Contents)

The scope of prohibited uses of “User Design” that include “Free Content” or “Paid Content” either in part or in their entirety by the “User” under the present license agreement is as follows.

 

Transferring or distributing contents provided under the present license agreement, by means of relicensing, resale, leasing, rent, transfer, gifting or any other method

Using or delivering a “User Design” created using the “Editor”, in part or in its entirety, as a logo, BI/CI, trademark, or the like which requires trademark registration, intellectual property right or copyright registration

Using or delivering a “User Design” created using the “Editor”, in part or in its entirety, as an icon or symbol for a website or application

Publishing, distributing, redistributing, selling or reselling a “User Design” created using the “Editor” using or including the “Design Elements” provided by “Company” through Shutterstock, Getty Images, CrowdPic, Naver OGQ or similar paid stock images sites and creator markets

Publishing, distributing, redistributing, selling or reselling a “User Design” created using the “Editor” that uses or includes “Design Elements” provided by “Company” on Pixabay, Unsplash, Freepik, Pexels or similar free stock image sites and creator markets

Publishing, reproducing, distributing, redistributing, selling or reselling a “User Design” created using the “Editor” that uses or includes “Design Elements” provided by “Company” as an individualized or made-to-order good to an unspecified number of customers in the general public (e.g., publishing and selling as a “Design Sample” in Naver Smart Store, Kmong, other shopping malls or online sites)

Using sound files provided by “Company” through the “Editor” not within the “User Design”, but using the sound files exclusively, or extracting sounds and producing and selling the same in record form

Editing, remixing or otherwise altering sound files provided by “Company” through the “Editor”, except where such alteration is a simple adjustment of the length of the sound files

Submitting or supplying a “User Design” created using the “Editor”, in part or in its entirety, to a public contest, exhibition, competition, or the like which requires assignment of copyrights

Capturing or cropping out parts of the “Design Elements” of a “User Design” for use in another document or graphics program, or publishing, distributing, redistributing or selling the outcome of such work

Capturing or cropping out some “Design Elements” of a “User Design” and using the same as part of or as the source for video

Distributing, redistributing, selling or reselling a “User Design”, in part or in its entirety, in the form of lectures, video, footage or GIF Templates provided to an unspecified number of persons either for free or for a fee

Publishing, distributing, redistributing, selling or reselling, without the express permission of “Company,” a “User Design” created using the “Editor” in the form of a template which can be re-edited using other editing programs or software such as Photoshop or Illustrator

Uploading “Design Elements” provided by “Company” in their original file state to P2P and other sharing sites, or making the same available for streaming playback or download by third parties

Acts of inducing a third party to re-edit and use a “User Design” or a derivative thereof

Describing a “User Design” or a derivative thereof as a creation of the “User” oneself or as belonging to the “User”, or describing the same as owned by another service or a third party

Assigning sub-licenses for a “User Design” or a derivative thereof without express permission from “Company” (e.g., indicating a “User Design” created using the “Editor” as a CCL work and publishing the same online, distributing, redistributing, selling or reselling the same)

Publishing, without express permission from “Company”, a “User Design” created using the “Editor” in template form on a service or site such as an online shopping mall, or engaging in sales activity for the same

Using, without express permission from “Company”, a “User Design” which includes photographs of persons provided through the “Editor”, in part or in its entirety, for the use of publicizing or describing symptoms in products, goods, services and therapies associated with plastic surgery, beauty, procedures for men’s or women’s health issues, or specific illnesses or disabilities

Using or supplying a “User Design” which includes photographs of persons provided through the “Editor”, in part or in its entirety, for “Before” and “After” depictions for a surgery or procedure

Using or supplying a “User Design” created using the “Editor”, in part or in its entirety, toward uses which violate established social morals and customs

Using or supplying a “User Design” created using the “Editor”, in part or in its entirety, toward the production of sites and printed materials for promoting adult products and services, adult game rooms, telephone dating services, pornography, and adult contents

Using or supplying a “User Design” created using the “Editor”, in part or in its entirety, either online or offline, for adult entertainment establishments, lodging establishments, DVD rooms, instant dating services, dating apps, usury, horoscope and fortune telling, and other industries which go against established social morals and customs

Using or supplying a “User Design” which includes photographs of persons provided through the “Editor”, in part or in its entirety, toward advertising wherein the model guarantees a given product through a product review or service testimonial

Using or supplying a “User Design” which includes photographs of persons provided through the “Editor”, in part or in its entirety, toward an advertisement or news article which states false information as to the job, alias, or personal information of the model

 

Article 10 (Use of Contents Containing Persons or Models)

Contents containing persons or models shall not be used in advertisements guaranteeing a given product, such as product reviews or service testimonials.

Contents containing persons or models shall not be synthesized with photos or images of third persons, and may not be modified or reprocessed. 

Contents containing persons or models shall not be used for publicizing or describing symptoms in products, goods, services and therapies associated with plastic surgery, beauty, procedures for male or female diseases, or specific illnesses or disabilities.

Contents containing persons or models shall not be used for “Before” and “After” depictions of a surgery or procedure.

Contents containing persons or models shall not be used in a manner that violates or damages the reputation, dignity, personality rights, portrait rights or publicity rights of the model, or which goes against established social customs and morals.

Contents containing persons or models shall not be used toward the production of sites and printed materials for promoting adult products and services, adult game rooms, telephone dating services, pornography, and adult contents.

Contents containing persons or models shall not be used for publicity of adult entertainment establishments, lodging establishments, DVD rooms, instant dating services, dating apps, usury, horoscope and fortune telling, and other industries which go against established social morals and customs.

Contents containing persons or models shall not be used in advertisements or news articles which state false information as to the job, alias or personal information, etc. of the model, or depict the model as an exclusive model for a good or service.

 

 

Article 11 (Violations and Termination of Licenses)

“Company” may track the designs and accounts of a “User” to verify that the present license agreement or Terms and Conditions have not been violated.

“Company” may monitor the downloads, posts, shares of the “User”, and may verify that the ”User” has not abused anyone’s name, ID, password, and other information.

“Company” may, in cases where the “User” has violated the present license agreement or the Terms and Conditions, suspend or cancel the account of the “User” without additional notice, and may terminate the content licenses granted to the “User” without a separate prior notice.

In cases where the account of the “User” has been canceled by “Company” due to violation of the present license agreement and Terms and Conditions on the part of the “User”, the “User” shall forfeit all rights to the “Contents” and “User Design”.

“Company” may immediately delete any “User Design” which fall under Paragraph 4 of the present Article, and shall not issue refunds for licenses acquired prior to cancellation.

The “User” must delete “Contents” and “User Design” which fall under Paragraph 4 of the present Article, as well as any copies, attachments, and saved copies that include the same, and shall not use the same any longer for any purposes.

The “User” shall, where there is a request from “Company” in accordance with Paragraph 6 of the present Article, submit a written confirmation to “Company” to prove compliance with such request.

 

 

Article 12 (Copyright Infringement Claims)

The “User” shall, upon becoming aware that the “Free Content” or “Paid Content” provided by MiriCanvas violate the rights of other persons, such as the author’s property rights, neighboring rights, moral rights and portrait rights, immediately discontinue the use of the contents in question.

If contents falling under Paragraph 1 of the present Article exist on a computer system or repository of the “User” or the company with which the “User” is affiliated, the “User” shall immediately delete or remove such contents.

In cases where contents falling under Paragraph 1 of the present Article are included in contents delivered to a “Client” or “user customer,” the “User” shall notify the "client” or “User Customer” and immediately delete or remove such contents.

Upon discovering contents falling under Paragraph 1 of the present Article, the ”User” shall immediately notify “Company” of the same by email to miricanvas@miricanvas.com.

 

 

Article 13 (Indemnity)

“Company” shall not warrant any names, portraits, trademarks, logos, registered designs or artworks included in “Free Content,” and the “User” shall be responsible for verifying the permitted scope of use for “Free Content” and decisions as to whether or not to use the same.

In cases where a part or all of a “User Element” uploaded to the “Editor” by the “User” violates the rights of other persons (property rights, intellectual property rights, moral rights, trademark rights), the “User” who has uploaded or used said “User Element” shall be liable, and not “Company.”

“Company” does not warrant the accuracy of the content and metadata, including keywords, names and descriptions, of all contents provided in the “editor.”

For all disputes arising due to the content of a “User Design”, the “User” who has published said content or “User Design” shall be liable. 

“Company” is not obligated to intervene in disputes arising from the “Service” between “User” and a third party, and is not liable for compensation for damages therefrom.

The “User” shall not be protected from copyright disputes arising due to the use of a “User Design” for purposes outside the Terms and Conditions or the present license agreement without prior consultation with or permission from “Company”, and may be subject to criminal prosecution or compensation for damages under civil law if such use is discovered.

In cases where “Company” has suffered damages due to a breach of the license agreement by the “User”, “Company” may claim compensation for damages against “User”.

“User” shall not be protected by the law for “User Design” which has been re-edited in other editors, or which cannot be proven to have been made in the “Editor” due to loss of one’s account, withdrawal from membership, deletion of the design document, and others. All responsibility incurred for the same shall be borne by the “user.”

If a problem arises with regard to a “Design Element” such as copyright infringement or violation of third party rights, “Company” shall be deemed to have fulfilled its obligation to notify members by providing a notice to the “User” (by notice on the website or by email).

“Company” shall not be liable for problems arising due to the continued use of the “Design Element” in question by the “User” after the notice specified in Paragraph 8 of the present Article.

Use of the provided contents outside the scope of service of "Company” may require third party consent or the resolution of additional license issues. In such cases, the “User” must individually obtain permission for use or enter into a license agreement with the holder of the applicable rights. If a copyright infringement or other dispute arises with regard to a “User Design” used in violation of the present paragraph, the user shall release “Company” from liability at the user’s own expense and responsibility.

 

 

Addendum

 

Announce Date: September 14, 2022

Effective date: October 13, 2022

> See previous license agreement

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