Usage & License Agreement

Welcome to salonsocialmedia.com.au and salonmarketing.co.  These websites are owned and controlled by Socialite Media Agency PTY LTD.  The following represents our Usage 7 License Agreement which you must consent to in order to use either websites.  The Usage Agreement and License Agreement act as legally binding contracts between you and Socialite Media Agency PTY LTD.

INTRODUCTION

Salon Social Media and Salon Marketing Co is an online business that designs and creates templates, documents, presets and marketing devices for use by salon, clinic and spa businesses. All of Salon Social Media Shop’s designs are available for download directly from Salon Social Media Shop’s and/or Salon Marketing Co website for paying customers. Salon Social Media Shop and Salon Marketing Co and Licensee agree that Salon Social Media Shop & Salon Marketing Co Shop will provide its services to Licensee in accordance with this Agreement upon the date this Agreement becomes effective.

SERVICES

  1. Licensing of Templates – Salon Social Media and Salon Marketing Co will permit Licensee to license its templates. Licensee may license Salon Social Media Shop & Salon Marketing Co templates by paying for them individually.
  2. Necessary Software – Please read the product descriptions carefully for what software is necessary to edit the document or template. Most of Salon Social Media Shop & Salon Marketing Co Shop products require Canva Pro to completely use all product templates. Salon Social Media Shop does not, will not, and has no obligation to design its templates to work on any other platform. It is your responsibility to read the product description and specs, and agree that you have the necessary software to use a template before you finalize your purchase.
  3. Image Usage – All images in our templates and guides are placeholders that have been found in Canva Pro. You can not use any images in your own materials if you have a Canva Pro account, they are also  placeholders for your own brand images. Claiming these images as your own would be in violation of said copyrights. 
  4. Copywriting Usage – All text included in our templates is yours to use. Each piece is written by Salon Social Media and Salon Marketing Co & created to make your job easier. However, it is highly suggested to edit such text to fit your voice, your brand, and your vision. It will translate even better when it’s coming from you, so use our copywriting as a starting point of inspiration.

USAGE AGREEMENT

All Content in the Members.SalonSocialMedia template shop catalogue are considered standard (non-commercial) “royalty free” stock designs.  Here’s what that means!

Socialite Media Agency PTY LTD is either (1) the sole and exclusive owner of all Content templates, programs, products and services found on this site shop and holds the copyright of all such Content sold in the website catalogue or distributed through the website online stores; or (2) has the rights to license and reproduce, display, sublicense, sell, market, or otherwise distribute all such Content found on the website in stock marketing template format.  As a user to the site, You may not transfer any purchased items, transfer the Content files, sell, lease, assign, or give away website Content or anything similar thereof to a third-party. Any commercial or for-profit usage of Content is prohibited. By becoming a purchaser You acknowledge that your purchase is a non-exclusive limited use license of all Content provided by website. Likewise, if purchasing individual Content via the website (instead of being a subscriber) You understand that as a Purchaser, all Content comes with a non-exclusive limited use license that is similarly held by all purchasers of the same Content. As a purchaser/subscriber, you may use website Content for professional use in the normal course of your business and for personal use. Finally, you may not use Content in any way that allows others to download, extract, or redistribute the Content (e.g., you may not include any such Content in a website template for use by others without written permission from Socialite Media Agency PTY LTD). You may not use Content in a defamatory or other unlawful manner. You may not use Content as part of a trademark, design mark, trade name, business name, service mark, or logo.  Otherwise…have fun with our Content!

Thank you for respecting the creative industry enough to adhere to the usage agreement. If you have any questions about the legal usage of Website Content please do not hesitate to reach out to us at reception@salonsocialmedia.com.au or reception@salonmarketing.co and we will be happy to help!

This LICENSE PERMITS:

LICENSING

This Agreement gives Licensee the right to use Salon Social Media Shop’s & Salon Marketing Co templates or customized templates as established below:

1. Permitted Uses – Effective upon this Agreement and receipt of payment from Licensee, Salon Social Media Shop & Salon Marketing Co grants Licensee a non-exclusive license to download, reproduce and use Salon Social Media Shop & Salon Marketing Co templates as necessary for Licensee’s personal or internal business purposes, provided Licensee complies with the terms of this Agreement, including Sections IV(B) and VI, below. Internal business purposes do not include use by a third party or any parent, subsidiary, affiliate, partner, or licensee of Licensee.

2. Downloading: Licensee may download a template from Salon Social Media Shop’s website up to three (3) times at one (1) IP address.

3. Restrictions on Use – Salon Social Media Shop’s templates are licensed, not sold. In signing this Agreement, Licensee receives no title to, ownership of, or legal rights to any of Salon Social Media Shop’s templates, except those rights expressly granted in Section IV(A), above. Licensee agrees that Licensee will not:
  1. Modify, create derivative works from, or otherwise alter any of Salon Social Media Shop’s  & & Salon Marketing Co Shop templates. Licensee has no right to use Salon Social Media Shop & & Salon Marketing Co Shop  templates to develop a different template, even to the slightest extent.
  2.  Distribute to parties other than Licensee’s clients, display publicly, sublicense, share or make available for using any of Salon Social Media Shop & & Salon Marketing Co Shop templates. Licensee must not distribute Salon Social Media Shop 7 & Salon Marketing Co Shop templates to its client(s) in a way that allows the client(s) to reproduce or re-use the template.
  3. Reverse engineer, disassemble, decompile or attempt to derive any source code or base construction of Salon Social Media Shop’s templates.
  4. Download and use a template at more than one IP address, unless otherwise agreed to with Salon Social Media Shop in writing.
  5. Use images for personal or business use and online images for personal or business use, and online. 
  6. Resize, crop or change image orientation. 
  7. Overlay the image with text, website screenshots, product designs and pdf designs. 
  8. Use the designs to create marketing campaigns for your salon, clinic or spa business
  9. Use the images for multiple business/website/email campaigns and social media for which the member is the sole owner.
  10. Use our template designs, stock content, graphic designs, programs, products, services or program materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent. 
  11. Engage in improper and/or unauthorized use of our template designs, stock content, graphic designs and program materials or any other information related to our programs, products, or services. Unless otherwise explicitly authorized in these Terms of Use, improper and/or unauthorized use includes but i snot limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any other person in a way that earns them money, any template designs, graphics, program materials or any other information accessed or purchased through our program, products or services or any other communications provided by us to you promoting or relating to the template designs, stock content, graphic designs, programs, products or services. You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Template Designs, Stock Content, Graphic Designs, Programs, Products or Services or Program Materials as set forth in these Terms of Use is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law, you agree and understand that prohibited use, improper and/or unauthorised  use may give rise to a civil claim for damages and/or be a criminal offense.

4. Media Release – By participating in our programs, products and services and using our Template Designs, Stock Content, Graphic Designs, Products Or Services, Program Materials, including our social media community, you consent to photographs, videos and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos and/or audio recordings and/or any other materials submitted y you to us in connection with your participation in our Salon Social Media and/or Salon Marketing Co Program. Products or services in our current or future programs, products or service, and/or marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.

5. Personal Responsibility and Assumption of Risk – As a Licensee, you agree that you are using your own judgement in using our Template Designs, Stock Content, Graphic Designs, Products or Services, Program Materials and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Template Designs, Stock Content, Graphic Designs, Products or Services, and Program Materials. Our Template Designs, Stock Content, Graphic Designs, Products Or Services, and Program Materials are merely to provide you with educati and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Template Designs, Stock Content, Graphic Designs, Products or Services, and Program Materials.

We take every precaution to protect our Template Designs, Stock Content, Graphic Designs, Products or Services, and Program Materials. However, due to the nature of the internet, we cannot completely ensure or warrant the security of the Template Designs, Stock Content, Graphic Designs, Products Or Services, Program Materials or the Contributions or information transmitted to us on or through our website or our Template Designs, Stock Content, Graphic Designs, Products or Services, Program Materials. Submitting contributions or information on our platform through our Template Designs, Stock Content, Graphic Designs, Products or Services, and Program Materials is done entirely at your own risk. We make no assurance about our ability to prevent any such loss or damage to you or to any other person, company or entity arising our of use of our programs, products, services and program materials and you agree that you are assuming such risks.

DELIVERY AND ACCEPTANCE

Once Licensee makes a purchase of any Salon Social Media or Salon Marketing Co template, Licensee will be entitled to download templates for which Licensee has paid in accordance with Section VI, below. By making the templates available for download from its website, Salon Social Media Shop and Salon Marketing Co satisfies its responsibility to deliver its templates to Licensee. By downloading the templates, Licensee accepts full delivery of the templates by Salon Social Media Shop and/or Salon Marketing Co.

PAYMENT METHODS

  1. Per Template – Licensee may pay for individual templates. Payment for the template is due in full at the time of this Agreement.
  2. No Refund – Licensee is not entitled to a refund of any kind once template has been purchased and downloaded.

AGREEMENT MODIFICATIONS

Salon Social Media Shop and Salon Marketing Co reserves the right to change or amend this Agreement. In such an event, Salon Social Media Shop or Salon Marketing Co will notify the Licensee of the modified Agreement. 

WARRANTIES

  1. Download – Salon Social Media Shop and Salon Marketing Co warrants that Licensee will be able to download its templates from Salon Social Media Shop’s website or Salon Marketing Co website.
  2. Ownership – Salon Social Media Shop & Salon Marketing Co Shop warrants that it is the owner of the templates offered for licensing on its website. It has full power and authority to license its templates. 
  3. Disclaimer – Except as provided in this Agreement, Salon Social Media Shop & Salon Marketing Co Shop makes no warranties, whether express or implied, of merchantability, usefulness, or fitness for a particular purpose of its templates. Salon Social Media Shop & Salon Marketing Co Shop does not warrant that its templates will function without interruption or in accordance with Licensee’s intentions.
  4. Limitation of Liability – Besides as otherwise authorized in this Agreement, Licensee agrees to hold Salon Social Media Shop & Salon Marketing Co harmless in any cause for damages, negligence, strict liability, or tort, even if such damages were foreseeable. Nothing in this Agreement shall create additional liabilities, remedies, or causes of action against Salon Social Media Shop & Salon Marketing Co Shop. Salon Social Media Shop & Salon Marketing Shop shall not be held liable for any claims by third parties against Licensee. Salon Social Media Shop & Salon Marketing Co shop shall not be held liable for any claims by third parties based on any material requested by Licensee for use in a customized template.

MISCELLANEOUS

  1. Choice of Law – Any claim brought against Salon Social Media Shop and Salon Marketing Co Shop  or Licensee under or pertaining to this Agreement shall be governed by Australian Law.
  2. Entire Agreement – This Agreement constitutes the entire agreement between the Parties. No other communications or prior writings shall have any bearing on this enforceability of this Agreement.
  3. Severability – The Parties agree to waive any provision of this Agreement that would render this agreement invalid or unenforceable. If a provision is determined to be invalid, it will be enforced to the extent permissible under the law.
  4. Indemnity – Except where Licensee has breached this Agreement, Salon Social Media Shop & Salon Marketing Co Shop will indemnify Licensee, including any of Licensee’s employees, shareholders, insurers, agents or officers, against any third-party claim, suit or proceeding against Licensee or the above-mentioned parties, for infringement of a patent, copyright or other intellectual property by one of Salon Social Media & Salon Marketing Co Shop’s templates, upon prompt notice by Licensee to Salon Social Media Shop & Salon Marketing Co Shop.

In such an event, Salon Social Media Shop & Salon Marketing Co will control the defense of its template. Licensee agrees to indemnify Salon Social Media Shop & Salon Marketing Co, its employees, shareholders, insurers, agents or officers, against any third-party claim, suit, or proceeding against Salon Social Media Shop & Salon Marketing Co for infringement of a patent, copyright, other intellectual property, or any other rights of the third party based on any actions of Licensee or based on any material in a customized template that was requested by Licensee.

EFFECTIVE

This Agreement will become effective when Licensee completes checkout in this shop Salon Social Media and/or Salon Marketing Co. At that time, Licensee will be obligated to abide by the aforementioned terms and conditions of this Agreement.