Graphics.com/Learning Terms of Service- graphics.com/learning

THE GRAPHICS.COM/LEARNING WEB SITE AND SERVICE ARE INTENDED FOR USE ONLY FOR LAWFUL PURPOSES. BY REGISTERING TO THIS SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS OF USE ("TERMS") INCLUDING THE LEGAL NOTICE AND PRIVACY POLICY AS PROVIDED HEREIN. YOU ALSO AGREE TO REVIEW THESE TERMS PERIODICALLY IN ORDER TO BE AWARE OF MODIFICATIONS TO THESE TERMS, WHICH MODIFICATIONS GRAPHICS.COM MAY MAKE FROM TIME-TO-TIME AND AT ANY TIME. YOUR CONTINUED ACCESS TO OR USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED TERMS.

I. DEFINITIONS

a. "Graphics.com", refers to Jupitermedia Corporation and all of its affiliates, subsidiaries and properties including but not limited to Graphics.com and Graphics.com/learning.

b. "You" or "Your" refers to the user and/or purchaser of a Service.

c. "Service(s)" refers to the Graphics.com On Demand Training Video Subscriptions ("Subscription(s)") and Multi-week Online Courses ("Course(s)").

d. "Site" refers to the www.graphics.com, www.graphics.com/learning or such other web sites which offer the Service(s).

II. LICENSE AND COPYRIGHT

a. Graphics.com hereby grants to You a personal, revocable, non-exclusive, non-transferable, worldwide license to use and access the Service(s) subject to (i) the provisions contained herein; (ii) Your compliance with these Terms; and (iii) payment of the applicable Service fees.

b. The materials and information provided under the Services and located at this Site are protected by copyright law, and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If You breach any of these Terms, Your authorization to use this Site and the Services automatically terminates and You may no longer access the Site or the Services and must immediately destroy any downloaded or printed materials.

III. REGISTRATION AND FEES

a. Registration: Upon registration for any Service, You will create a username and password that is unique to You. You are responsible for maintaining the confidentiality of the username and password, and responsible for all activities that occur under Your username and password. Your right to use and access the Services is not transferable. Any password or right given to You to obtain information is not transferable.

b. Subscription Service(s): The rights granted under these Terms are effective only upon payment of the Subscription fees, which are strictly non-refundable other than as expressly provided herein. A Subscription shall be defined as any thirty (30) day or any three hundred and sixty-five (365) day period referred to herein as a "Monthly Subscription" or "Yearly Subscription" respectively. A Monthly Subscription will be renewed automatically unless otherwise indicated on the registration submission, and Graphics.com will charge You the Monthly Subscription fees, on the same date of each corresponding month, unless You cancel the Monthly Subscription by sending an e-mail to customerservice@graphics.com within five (5) days of the automated charge. A Yearly Subscription terminates automatically at the conclusion of each 365 day period.

c. Multi-Week Online Course(s): The rights granted under these Terms are effective only upon payment of the Course fees, which are strictly non-refundable other than as expressly provided herein.

d. Discounts, rebates and special offers are only valid for the initial subscription term unless otherwise stated. Graphics.com reserves the right to increase the subscription fees at any time and for any reason, and such increased fees shall be applicable to any subsequent subscription period, provided, however, that Graphics.com. has provided at least ten (10) calendar days written notice of such fee increase before the renewal date for Your subscription.

IV. CANCELLATION AND REFUND POLICY

a. Subscription Cancellation: Automatic Monthly Subscriptions renewals may be cancelled and are fully refundable provided You notify Graphics.com at customerservice@graphics.com no later than five (5) days from processing of the automated charge. Neither refunds nor credits are available for cancellation of single Monthly Subscription purchases. Yearly Subscription purchases may be cancelled at any point during the subscription term, and a pro-rata refund shall be processed for the unused balance of the remaining months commencing on the first day of the month following the notice of cancellation.

b. Multi-Week Online Course Cancellation: If You need to cancel Your Course registration, please notify Graphics.com at customerservice@graphics.com at least three (3) days prior to the Course start date and You will receive a credit, good for one year, towards a future online course of the same price. Once a course is in progress, it is considered used and can no longer eligible for refunds and credits. Refunds will be given only in the unlikely event that Graphics.com cancels a course.

c. Graphics.com may terminate Your access to the Services at any time, without notice to You, if it believes, in its sole judgment, that You have breached, or may breach, any term or condition of these Terms, or it may terminate the Service for its convenience or for any other reason.

V. USE OF THE SERVICES

a. Your use of the Services may include bulletin boards, chat rooms and other communication forums ("Communication Forums") that allow and real-time interaction between You and other users. Graphics.com. does not control the messages, information or files delivered to or from the Communication Forums. As a condition of Your use of the Communication Forms, Services and the Site, You agree in addition to prohibitions set forth in the Legal Notice not to:

(i) Permit or provide others access to the Services via Your username or password or otherwise. Unauthorized access to the Site or Service is a breach of these Terms.

(ii) Transmit any message, information, data, text, software, images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another right of privacy or publicity

(iii) Post or transmit any information, software or other material which contains a virus or other harmful component;

(iv) Post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.

(v) Impersonate any person or entity, including but not limited to Graphics.com, forum leader, teacher, guide, host, or falsely state or otherwise misrepresent Your affiliation with a person or entity.

(vi) Download any content made available on the Site, except as otherwise indicated available for such use.

(vii) Copy, modify, rent, lease, loan, sub-license, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology, software and content within the Sites and Services or underlying such.

Graphics.com reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Graphics.com's sole discretion are objectionable or in violation of these Terms.

VI. ENTIRE AGREEMENT

These Terms and the provisions of the Legal Notice and Privacy Policy, which are hereby incorporated as if set forth fully in these Terms, represent the entire agreement between You and Graphics.com with respect to Your use of the Services, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Graphics.com with respect to the Site. Any rights not expressly granted herein are reserved. Any conflicts between these Terms and the conditions set forth in the Legal Notice, shall be governed by the provisions set forth in the Legal Notice.

VII. Miscellaneous

Graphics.com reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of the Services and Site, including, without limitation, the content, availability, access and/or the terms of this Site, in whole or in part, or to impose new conditions. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may include posting such changes on this Site.

Any rights not expressly granted herein are reserved.

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