Overview

These terms and conditions (“Terms and Conditions”) govern your use of this website elearnphotoshop.com (“Website”). In these Terms and Conditions, elearnphotoshop is referred to as the “Company”, “Membership,” “us,” or “we.”

By using this Website and its services you will be bound by these Terms and Conditions and the Company’s Privacy policy. If you do not agree to these Terms and Conditions and/or the Privacy Policy you must not use this Website or any service provided via it. Use of the Company’s Website and Services (as defined below) is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms.

Introduction

Welcome to elearnphotoshop. These terms and conditions apply to the services available from and related to the domain and sub-domains of the Website (together with the Website, the “Services”).

For as long as the Company continues to offer the Services, it shall provide and seek to update, improve and expand the Services. As a result, the Company allows you to access the Website as it may exist and be available on any day and it has no other obligations, except as expressly stated in these Terms and Conditions.

The Company may modify, replace, refuse access to, suspend or discontinue the Website, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Your use of the Services following such posting or communication constitutes your acceptance of the terms and conditions of this Agreement as modified.

Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, nor authorize any party to make or enter into any commitments for or on behalf of any other party.

The Company does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Company or on the Services. In the event that we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at support@elearnphotoshop.com.

Your use of this site

You must not use this Website for anything that is unlawful or is prohibited by these Terms and Conditions and/or any notices elsewhere on this Website.

The Company advises that you seek professional advice before relying on any information on this Website. Under no circumstances will Company be liable in any way for any information it provides on the Website or through the Services, including, but not limited to, any errors or omissions in any content and information, including but not limited to text, software, music, sound, photographs, graphics, video or other material (also known as “Content”), or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

When using this Website, you must not do any of the following:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
  • Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, offensive or unlawful material or information;
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights or have received all necessary consents;
  • Upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer;
  • Impersonate any person or entity, including without limitation any employee or representative of Company;
  • Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services;
  • Run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure;
  • Decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services;
  • Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
  • Falsify the origin or source of software or other material contained in a file that is uploaded;
  • Advertise or offer to sell any goods or services or conduct or forward surveys, competitions, or chain letters; or
  • Download any file posted by another user of this Website that you know, or reasonably should know, cannot be legally distributed in such manner.

You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

You represent and warrant to Company that you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age or older. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

If you are registering with the Website as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business, you must comply with and you are responsible for all laws applicable to your business.

If you link to the Website, Company may revoke your right to so link at any time, at Company’s sole discretion. Company reserves the right to require prior written consent before linking to the Website.

You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and solicitors’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of these Terms and Conditions, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

Registration

You will need to register to become a member of this Website (“Member”) if you wish to access the Services via this Website, and continued membership is subject to the Company’s subscription charges set out in your Pricing. You are free to change the membership package to which you subscribe at any time, subject to these Terms and Conditions.

To register to become a Member you must provide the Company with information about you via the Company’s registration form. The Company’s use of this information is set out in the Company’s Privacy Policy.

You must provide true, accurate, current and complete information about yourself when completing the registration form. You must maintain and update this information and keep it true, accurate, current and complete. If any information provided by you is not true, accurate, current and complete, the Company has the right to cancel your membership and refuse any and all current or future use of this Website.

Registration requires a valid email address (which will serve as your user name) and unique password. Please create a secure password: choose a password that uses a combination of letters, upper case and lower case, numbers, and symbols. For example, $Mycat862!. Avoid choosing obvious words or dates such as a nickname or your birth date.
Please use maximum caution to keep your user name and password confidential and log-off from the Website when your session is complete to prevent unauthorized access to your information. If your user name or password is subject to unauthorized access, you should immediately inform the Company.

You must not tell anyone else your user name or password. Any unauthorized use of either of them must be reported to support@elearnphotoshop.com as soon as you are aware of such use and the Company will, as soon as reasonably possible, cancel your user name and/or password and issues new ones to you.

The Company may, for security or other reasons, require you to change your user name and/ or password or other information which facilitates access to this Website or its Services.

The Company reserves the right to cancel your user name and password without notice if the Company becomes aware of any breach of these Terms and Conditions by you.

Once the Company has sent you a confirmation e-mail you will become a Member and will be able to access the Services available via the Website. You may cancel your Membership at any time by going to Cancel

Charges and payment

Charges are linked to the membership package to which you subscribe, as set out in Pricing. The terms of the membership package to which you subscribe are incorporated herein by reference as if fully set forth herein.

You will be charged in advance of your payment period until your membership is cancelled together with any additional transaction based charges. Details of charges are shown within the sign-up process, as set out in http://elearnphotoshop.com/Pricing. Your membership period begins on the date on which you register for the Services and finishes on the day before that calendar date the following period.

Payment for all charges are payable upon registration or the relevant periodic payment date. You can pay membership fees by any MasterCard or Visa credit card, or Visa Debit. Your payment details will be encrypted to minimize the possibility of unauthorized access or disclosure. At the time of registration, you will be asked to provide credit/debit card details. In the event that the Company is unable at any time to obtain payment of any charges using such credit card details, the Company may freeze your account until it has received settlement in full.

Intellectual property

All Intellectual Property Rights in and to the Site, Services and Materials are owned by and shall remain owned by us or our licensors. We hereby grant you a personal, non-exclusive, limited licence to access and use the Site, the Services and the Materials solely in accordance with these terms of use.

Save as expressly permitted herein, any other use of the Materials and any copying, reproduction, modification, distribution, sale or any other use of any Materials for any purpose shall be a breach of these terms of use. Without prejudice to any other rights or remedies that we may have in relation to such a breach, if you print off, copy or download any part of the Materials in breach of these terms of use you must, at our option, return or destroy any copies of the Materials you have made.

On downloading the Materials from the Site, you own the medium on which the Materials are recorded, but we do not transfer title to such Materials to you and we retain full and complete title to the Materials and all Intellectual Property Rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce any software contained in the Materials to human-readable form.

You acknowledge that all Intellectual Property Rights in and to the names “elearnphotoshop” and “IACT” and any associated logos (the “Marks”) are and shall remain owned by us and that all goodwill accruing in the Marks shall accrue to and be owned by us.

For the purposes of these terms of use “Intellectual Property Rights” shall mean trademarks and service marks, trade names and business names, rights in goodwill, rights in designs, copyrights (including copyright in artistic, literary, dramatic, musical or other works, photographs), patents, rights in inventions, database rights, rights in know-how, confidential information and trade secrets and all other intellectual property rights (whether or not any of these is registered and including applications for registrations and rights to apply for registrations) and all rights and forms of protection of a similar nature or having equivalent effect to any of these which may subsist anywhere in the world.

Termination

Without prejudice to any remedy that the Company may have against you, the Company may terminate or suspend with immediate effect and without notice your access to and use of this Website and your membership if it:

  • Does not receive timely payment under your subscription;
  • Reasonably believes that you have breached any of these Terms and Conditions;
  • Is unable to verify the accuracy or validity of any information provided by you; or
  • Suspects fraudulent, abusive or illegal activity by you.

Should you object to any of these Terms and Conditions, or any subsequent changes to them, or become dissatisfied with this Website in any way, your only recourse is to immediately discontinue to access or use this Website.

You may cancel your Membership at any time by going to My Account.

Disclaimers

While we endeavour to ensure that the information contained in the Site, Services and Materials is correct, we do not warrant the accuracy, completeness, currency or reliability of any of them. We may make changes to the Site, the Services or the Materials at any time without notice.

Except as expressly provided in these terms of use, the Site, Services and Materials are provided on an “as is” basis without representation or warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise). Without limiting the foregoing, we do not warrant or make any representations that the Site, Services or Materials will meet your particular requirements or that your use of the Site, Services or Materials will not infringe the rights of any third party.

We do not warrant that Site, the Services or the Materials, or your access to them, will be uninterrupted or error-free, that defects will be corrected, or that the Site, Services or Materials or the server that makes them available are free of viruses or other harmful components. We will not be held responsible for loss of or corruption of any Materials in transit, or loss of or corruption of material or data when downloaded onto any computer system.

Limitation of liability

Nothing in these terms of use shall be construed as limiting our liability for (i) fraud, (ii) death or personal injury caused by that party’s negligence or (iii) any other type of liability that cannot be excluded under applicable law.

Without prejudice to the foregoing, to the extent permitted by law, we hereby expressly exclude any and all liability for any indirect, consequential or special loss or damage incurred by you or any loss of revenue, loss of profit, loss of anticipated savings, loss of use of computer equipment, loss or destruction of data or loss of opportunity or contract (in each case whether direct or indirect) in each case in connection with the Site, the Services and the Materials, or in connection with the use, inability to use, or results of the use of the Site, the Services or the Materials however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Our total aggregate liability to you arising out of or in connection with these terms of use or your use of the Site, Services or Materials shall be limited to and shall in no event exceed an amount equal to the charges

Hacking and viruses

Due to the inherent risks of using the internet we cannot be liable for, and hereby exclude to the fullest extent permissible by applicable law, all liability for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site, Services or Materials or to your downloading of any material posted on it, or on any website linked to it.

During your use of the Site, Materials or Services you must not knowingly or recklessly introduce any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, Materials or Services, the server on which they are stored or from which they are provided or any server, computer or database connected to them. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Materials will cease immediately.

General

Any failure or delay by us to enforce any of our rights under these terms of use is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.

These terms of use are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these terms of use under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

If any clause or part of a clause of these terms of use is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these terms of use. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these terms of use.

The warranties, exclusions and the other express provisions of these terms of use and the Privacy Policy set out the full extent of our obligations and liabilities concerning its subject matter and supersede any previous agreements between the parties relating thereto.

We reserve the right to publish anonymised, aggregated data derived from your usage of the site.