PL Studios, Inc. d/b/a Digital-Tutors ("Digital-Tutors" "we" "us" or "our") develops award-winning training solutions ("Training Materials") for emerging digital artists using a unique teaching approach designed by university educators and industry professionals and makes certain Training Materials available to users via the Digital-Tutors Web Site (the "Site") or platforms available from Digital-Tutors (the offering of services or Training Materials through the Site or other Digital-Tutors platforms are collectively referred to as the "Services"). Some Digital-Tutors Services are available to you for free, while others require that you create a User Account and pay a Subscription Fee for access. Access to and use of the Services, whether accessed with or without payment are subject to the terms and conditions of this Agreement.
In order to obtain access to the Services, you must create a Digital-Tutors account ("User Account") and pay the appropriate fees for access to the services you request. By creating a User Account, you represent and warrant the information you provide is accurate and complete. You may never use another's account or share your User Account with others. Except as expressly authorized for Floating Seats with respect to Group Accounts, an institution may not purchase a single user account and share that user account among multiple employees.
You are responsible for maintaining the security of your password and are solely responsible for the activity that occurs on your User Account. If you believe your User Account has been breached or used in any unauthorized manner, you must notify a Digital-Tutors representative immediately. Digital-Tutors is not responsible for any damage or losses caused by unauthorized use of your User Account. You, however, may be responsible to Digital-Tutors for any harm Digital-Tutors incurs due to unauthorized use of your Digital-Tutors User Account.
Digital-Tutors may provide access to its Site and Services through group accounts, which may be available to groups and institutions at the sole discretion of Digital-Tutors. Group accounts are managed by a "Group Administrator" associated with your affiliated group. If you are a member of a group account, the Group Administrator of your account is responsible for the payment of all fees and charges associated with your subscription. As a group account member, you will not be charged individually for fees or charges related to your use of the Site or Services. Unless otherwise stated in group account purchases, group account access will expire 12 months from the original date of purchase.
Digital-Tutors may also terminate group accounts for cause or in accordance with the termination provisions of this Agreement. If you have questions regarding your group account, you must contact your Group Administrator. Digital-Tutors may provide "Floating Seats" for members of a group account. A Floating Seat is a license that may be used by a group of users without being specifically associated with a single individual, but only a single user may obtain full access to the Site or Services with a Floating Seat license at one time. Users may log on to the Site with a Floating Seat account. If that Floating Seat is in use, the user will be placed in a queue until the Floating Seat becomes available. When a seat becomes available, the first member in the queue will be notified and given access to the library.
Group administrators and members can share the number of purchased group account seats meaning that multiple users can simultaneously login, browse, search and watch from Digital-Tutors online training library. Floating seats are only available within group accounts.
Digital-Tutors offers services on a subscription fee basis according to the pricing and payment schedule available at http://www.digitaltutors.com/11/pricing.php (the "Subscription Fees"). You agree to pay the Subscription Fees and any other charges incurred in connection with your User Account (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas.
We will bill all charges automatically to your credit card, PayPal account or other payment method that Digital-Tutors offers and you select. For any services billed by invoice, all payments are due net thirty (30) days from the date of the invoice.
Subscription Fees will be billed beginning on the day of the month in which Digital-Tutors activates your User Account (the "Subscription Date") and on the monthly anniversary of each Subscription Date thereafter for the Term of this Agreement and any renewal thereof. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card than one previously provided or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Services using your user name and password without your authorization, you must contact us immediately.
You are responsible for any fees or charges incurred to access the Services through an Internet access provider or other third-party service. For example, the Services may include large video files. You are responsible for payment of any bandwidth, data, or subscription charges you may incur from a service provider while utilizing the Services.
We may also provide your e-mail address or contact information you provide to our affiliates for marketing our services. If you would prefer not to receive marketing or advertising, you must notify us by contacting us at firstname.lastname@example.org and requesting removal from our contact lists. Digital-Tutors uses a third party to process credit card purchases and does not retain records that include full credit card account numbers. Digital-Tutors may, however, obtain and retain portions, such as the last four digits, of a credit card number in order to later verify customer purchases.
All Training Materials, content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to or included on the Site are protected under applicable copyright, trademark, patent or other proprietary (including but not limited to intellectual property) rights.
The copying, modifying, distributing, transmitting, displaying, selling, licensing, using, publishing or creating derivative works by you of any such matters or any part of the Site, except as expressly allowed by the Agreement, is strictly prohibited. You do not acquire ownership rights to any Content or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
Digital-Tutors may make certain Training Materials available through download services operated by or in affiliation with Digital Tutors. In order to access these Training Materials, you must agree to and comply with any end user license agreements or terms and conditions associated with the downloaded Training Materials as well as these Terms and Conditions. Except as authorized by Digital-Tutors, you are not permitted to capture streamed videos or download videos from the Site in any manner that is not provided by Digital Tutors.
Tracking and Monitoring
Digital Tutors implements technology and procedures to track usage of the Site and its Services, including tracking and monitoring associated with individual user accounts. In addition to other information collected, Digital Tutors may track the number of videos viewed, time elapsed during viewing and other information related to content viewing activities.
Trademarks / Service Marks
DIGITAL-TUTORS, WWW.DIGITAL-TUTORS.COM and DT's "stylized head" logo are trademarks and/or service marks of PL Studios, Inc. Other product and company names may be mentioned on the Site from time to time which may be trademarks or service marks of their respective owners. These trademarks and/or service marks may not be reproduced without the express written consent of the respective trademark or service mark owner.
Term and Termination
This agreement shall be in effect as of the date you create your User Account. The term of the Agreement for billing purposes shall begin as of the Subscription Date. When selecting the Services, you may enroll on a monthly, semi-annual or annual basis. Your subscription will renew automatically unless we terminate it or you notify us by telephone, mail, or e-mail (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription.
For subscriptions of six months or greater, we will notify you of the pending renewal of your subscription at least 30 days prior to the date your subscription renews, except as otherwise required by law. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
Termination by You
You may terminate your User Account at any time by notifying us of your desire to terminate. After receiving notice from you, we will terminate your account before the Subscription Date for the next billing cycle for your Services. You will not receive a refund for any fees paid to Digital-Tutors.
Termination by Digital-Tutors
Digital-Tutors may terminate your User Account with or without cause and without notice when terminated for cause. If you believe your User Account has been terminated in error, contact Digital-Tutors at email@example.com. For example, Digital-Tutors may terminate a User Account, if it determines you have provided others with access to Training Materials with your User Account.
If it is determined by Digital-Tutors, in its sole discretion, that your User Account was terminated in error, Digital-Tutors will provide you with access to the Services at no charge for the period of time in which your User Account was terminated. This shall be the sole and exclusive remedy available to you for any termination in error. If Digital-Tutors terminates your account for cause, determined at the sole discretion of Digital-Tutors, you will not receive a refund for any Subscription Fees paid to Digital-Tutors. If Digital-Tutors terminates your User Account without cause, as determined by Digital-Tutors in its discretion, Digital-Tutors will provide you with a pro rata refund of payments made to you for the Services.
By subscribing to the Services, Digital-Tutors grants you a limited, non-exclusive license to view the Training Materials via the Digital-Tutors web site. This license shall terminate immediately upon termination of your Services. Following termination of your User Account, you shall immediately destroy any Training Materials or other content obtained through the Services. The Training Materials are the sole and exclusive property of Digital-Tutors or the respective creators of the Training Materials. Nothing herein grants you any ownership rights in the Training Materials.
You are not authorized to:
- Share your User Account with others;
- Allow more than one individual to access a User Account;
- Copy, modify, distribute, capture, or save locally any of the Training Materials;
- remove any copyright or proprietary notice included on or in any Training Materials;
- Circumvent or attempt to circumvent any encryption, security code, or other protection used in connection with the Training Materials;
- Use the Services for any unlawful purposes;
- Capture screen shots of Training Materials; or
- Make Training Materials available to others in any format.
As a service to our friends in the digital community, Digital-Tutors offers the opportunity to participate in our online forum where you can interact with and learn from others with like interests. While Digital-Tutors does not monitor content posted in the forums, please be advised that Digital-Tutors reserves the right to delete any message for any or no reason and to prohibit your access to the service. By posting text, images or other content ("Posted Content") you hereby grant Digital-Tutors a perpetual, non-exclusive license to use the Posted Content in connection with the Site and Services. You further represent and warrant that the Posted Content does not infringe the intellectual property rights of any third party.
If you have reason to believe that a user has posted content that is obscene, pornographic, violates the intellectual property rights of a third party or otherwise violates the terms of this Agreement, you may contact Digital-Tutors at firstname.lastname@example.org to request removal of the content or use other procedures available through the forum to request removal. Requests for removal due to infringement of intellectual property rights must be directed to email@example.com and include the following:
Representation of Ownership.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (see 17 U.S.C 512(c)(3) for further details)
Digital-Tutors represents and warrants that it is the sole and exclusive owner of the videos and tutorials included within the Training Materials (the "Content"), or otherwise holds sufficient rights in the Content to provide the Content to its users.
EXPECT AS EXPRESSLY STATED OTHERWISE IN THE REPRESENTATION OF OWNERSHIP SECTION ABOVE, ALL MATERIALS DIGITAL-TUTORS PROVIDES ARE PROVIDED "AS IS". DIGITAL-TUTORS DOES NOT WARRANT THAT TRAINING MATERIALS OR SERVICES PROVIDED IN CONNECTION THEREWITH WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE CONTENTS OF THE TRAINING MATERIALS ARE ACCURATE OR COMPLETE. DIGITAL-TUTORS.COM MAKES NO WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE RELATING TO THE TRAINING MATERIALS OR RELATED SERVICES, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Limitations on LIABILITY
IN NO EVENT SHALL DIGITAL-TUTORS.COM AND/OR ITS AFFILIATES, MEMBERS, AGENTS, EMPLOYEES, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY PUNITIVE, CONSEQUENTIAL, OR MULTIPLE DAMAGES OR LOST PROFITS OR OTHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY DAMAGES RESULTING FROM LOSS OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH THE TRAINING MATERIALS OR RELATED SERVICES, EVEN IF DIGITAL-TUTORS.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE. IN ANY EVENT, OTHER THAN BREACH OF DIGITAL-TUTOR'S BREACH OF ITS REPRESENTATION OF ONWERSHIP, DIGITAL-TUTOR'S AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID TO DIGITAL-TUTORS FOR THE THREE MONTHS PRECEDING ANY ACTION FILED.
The Services may not be available in certain territories due to certain national or international restrictions. By utilizing or subscribing to the Services, you represent and warrant that you are authorized under all applicable laws to access the Services.
You agree to defend, indemnify and hold harmless Digital-Tutors, its managers, employees and agents, 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:
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive termination of this Agreement and your use of the Services.
Governing Law and Jurisdiction
This Agreement shall be governed and construed according to the laws of the state of Oklahoma, United States of America. By using the Services, you consent to the exclusive jurisdiction of the state and federal courts in Oklahoma City, Oklahoma. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
No delay or failure to take action under this Agreement shall constitute waiver by Digital-Tutors of any provision of this Agreement or prevent Digital-Tutors from subsequently enforcing such provisions. The provisions of this Agreement are severable, and if any provision of this Agreement is determined to be invalid or unenforceable under any controlling body of law, such invalidity or non-enforceability shall not in any way affect the validity or enforceability of the remaining provisions.
Digital-Tutors Contact Information
For customer service questions e-mail Digital-Tutors at firstname.lastname@example.org. All e-mails will be answered within 48 hours. E-mails sent during holidays and weekends will be answered within 48 hours of the following business day. To speak to a Digital-Tutors representative regarding your Digital-Tutors order, call (405) 601-4806 or toll free in the U.S. 1 (866) 741-6725 between the hours of 9:00AM -5:00PM Monday through Friday (CST). All messages received during holidays and weekends will be returned within 48 hours of the following business day.
Updated February 17, 2012