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I. ACCEPTANCE OF TERMS
Welcome to the Photoshop Society Website (the “Site”). Please carefully review these Terms of Service (”TOS” or “Agreement”), which are legally binding on you. This Agreement governs your use of the Site and all related content, software and services, including affiliated Websites, content, software, or services owned or provided by Photoshop Society (collectively, the “Services”).
By signing up for, using, visiting, browsing, or logging in to the Services you accept and agree to be bound by this Agreement. Some Services may be subject to additional conditions. Your participation in the Services is dependent upon acceptance of all conditions stated or referenced in the Agreement. If you do not wish to be bound by this Agreement, do not accept the Agreement and discontinue using and accessing Services immediately.
II. CHANGES TO TERMS
Photoshop Society reserves the right, in its discretion, to change or replace this Agreement at any time. Such changes will be effective immediately upon publication of the modified or new Agreement on the Site. Photoshop Society will endeavor to provide registered users with notice of any material change to this Agreement, by posting a notice on the Site and/or delivering registered users an e-mail to the current e-mail address on file. If at any time any part of this Agreement is unacceptable to you, you should immediately terminate use of the Services.
III. REGISTRATION INFORMATION
As a condition to using certain Services, you must register on the Site and select a username (”User ID”) and password. You represent and warrant that you have provided and that you will provide Photoshop Society with accurate, complete, and updated registration information. In the event that any of your registration information changes in the future, you will promptly update your registration information on the Site.
Failure to provide accurate, complete, and updated registration information shall constitute a breach of this Agreement, which may result in immediate termination or suspension of your account. You are solely responsible in all respects for: (a) all use of the Site made using your User ID, and (b) maintaining the confidentiality of your User ID. Only one individual may access the Site at the same time using the same User ID. You agree to notify us immediately of any unauthorized use of your email address or User ID or any other breach of security regarding the Site of which you are aware.
IV. USE OF SERVICES AND CONTENT
Photoshop society grants you, according to your subscription level and account standing, the non-exclusive, limited right, with a standard Web-browsing program (”Browser”) not supplied by Photoshop Society, to use the Services and the text, information, software, images, media, and other material contained on or made available in connection with the Services (collectively, the “Content”), all for your own personal use. You may not share your access to or distribute Content to others without the prior written permission of Photoshop Society.
You may download or copy the Content only for your own individual use, and further provided that you maintain all copyright and other notices contained in such Content. Except as may be expressly permitted by U.S. copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express prior written permission of the owners of such Content.
You agree to access the Site or Services only through the interface that is provided by Photoshop Society for use in accessing the Site. You agree not to use any automated means, including but not limited to agents, robots, scripts, spiders, and screen scraping tools, to access, monitor, download or copy any part of the Site or its Content, unless Photoshop Society has provided prior written consent.
You acknowledge that the Site, Services and Content are protected by trademark, copyright, and other proprietary rights of Photoshop Society, its affiliates or third party licensors. You agree to comply with any additional copyright notices, information, or restrictions applicable to any Content available on or accessed through the Services.
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content, in whole or in part, except as expressly permitted in this Agreement. Content consisting of or containing downloadable software may not be reverse engineered unless specifically authorized by its proprietor.
Members are eligible to cancel their order and request for a refund if they have not downloaded items of value that exceed 75% of their subscription price. For the purposes of determining item value, the following calculations will be used:
Template: $30 each
Action: $10 each
Inside Photoshop articles: $5 each
Tutorials: $15 each
Images: $20 each
Shapes: $10 each (per set)
V. SUBSCRIBER’S CONTENT
You grant to Photoshop Society the irrevocable, worldwide right to edit, copy, publish, distribute, translate and otherwise use any Content that you place on the Services or email to Photoshop society employees or its affiliates, in any medium. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
Photoshop society does not and cannot review material submitted to the Services by subscribers (”Subscriber’s Content”) and is not responsible for such Subscriber’s Content. However, Photoshop Society reserves the right to cancel your access to content areas and/or delete, move, modify, or edit any Subscriber’s Content, including messages posted in any forum or blog, that it may determine, in its sole discretion, violates this Agreement. You are and shall remain solely responsible for all Subscriber’s Content posted by you or by another person using your account.
Photoshop Society does not represent or endorse the accuracy or reliability of any Subscriber’s Content displayed, uploaded, posted on any message board, or otherwise distributed through the Services. Photoshop society expressly disclaims any liability related to Subscriber’s Content, and you acknowledge that any reliance by you upon such Subscriber’s Content shall be at your own risk
VI. RULES OF CONDUCT
You agree that you will not, directly or indirectly, perform or assist in any of the following actions as they relate to the Website or Services:
VII. SERVICES AND SYSTEM AVAILABILITY
Photoshop Society uses reasonable efforts to maximize system availability. Photoshop Society shall make a reasonable effort to correct any technical difficulties that may arise with the Services; however, Photoshop Society does not guarantee that the Services will be uninterrupted or error-free. Photoshop Society is not responsible for any technical difficulties resulting from the World Wide Web, Internet access, computer hardware or software.
VIII. SUBSCRIPTIONS AND TERMINATION OF SERVICES
Photoshop Society may change, suspend, or discontinue all or any aspect of the Services at any time, including the availability of any Service feature, database, or content, without prior notice or liability.
Access to many features requires an active paid subscription account (”Subscription”). You authorize Photoshop Society to charge the credit card account designated during your Subscription creation process the fees, and any applicable tax, at the recurring term interval chosen by you. You are responsible for any additional charges associated with using the Services, including, but not limited to, any telephone or Internet service provider charges.
Fees paid for any Subscription term are paid in advance and are not refundable in whole or in part. You may terminate your Subscription at any time and continue using the Services until the expiration of your pre-paid term. Free or discounted trial Subscriptions to the Services, and your ability to participate in such trials, are offered at Photoshop Society’s discretion. By participating in any trial, you agree to the terms spelled out at the time of acceptance, including payment of subsequent fees that may be charged if you do not cancel the trial Subscription before the end of the designated trial period.
You hereby indemnify and hold Photoshop Society, and all of its officers, directors, employees, owners, agents, information providers, affiliates, and licensors (collectively, “Representatives”) harmless from and against all claims, suits, liability, losses, costs, and expenses (including attorney’s fees) incurred by Photoshop Society or any Representative in connection with any claim arising out of:
X. NO ENDORSEMENT
The Services may contain links to sites on the Internet that are owned by third parties (the “External Sites”). You acknowledge that Photoshop Society is not responsible for the availability of, the content located through, or any services provided by any External Site.
From time-to-time, Photoshop Society may send information on related products and services to its existing customers/subscribers. Any personal information you provide — name, address, email address, phone number, etc. — allows us to inform you about updates to the Services and to notify you of products and services that may be of interest to you. We give you the opportunity to decline receiving these internal and/or external offers. To opt out of these notices, click the opt-out link which can be found at the bottom of any such message you receive from us.
Transactional notices such as invoices, statements, or new issue notices etc. will continue to be sent over the course of business in compliance with all related regulations. You may also specifically stop such transactional notices by contacting customer service to request this and by providing suitable other means of communicating your transaction/order details with you.
XII. DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY
THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NONE OF PHOTOSHOP SOCIETY, THIRD PARTY CONTENT PROVIDERS OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, SITE OR ANY CONTENT. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NEITHER PHOTOSHOP SOCIETYNOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES PHOTOSHOP SOCIETY, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR THE CONTENT.
NEITHER PHOTOSHOP SOCIETY, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF PHOTOSHOP SOCIETY, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
In the event Photoshop Society determines, in its sole discretion, that you have violated this Agreement, Photoshop Society shall have the right to immediately suspend your access to the Site and Services without prior notice to you, and/or pursue any other remedies available to it under applicable law.
Any controversy or claim arising out of or relating to this Agreement or the Services shall be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Durham, North Carolina, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, Photoshop Society may seek injunctive or other equitable relief from a court of competent jurisdiction, necessary to protect the rights or the property of Photoshop Society (or its agents, suppliers, and subcontractors), pending the completion of arbitration
Photoshop society’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
This Agreement, including all terms, agreements, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Photoshop Society and govern your use of the Site and Services, superseding any prior agreements, documents or communications relating to the subject matter of this Agreement. This Agreement is governed by the laws of North Carolina, USA, without regarding to its internal rules regarding conflicts of law.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement shall continue in effect.
Photoshop Society shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of Photoshop Society, including but not limited to governmental action or acts of terrorism, war, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
XVI. Refund Policy
We firmly believe that customer always comes first. We respect and value our commitment to your satisfaction and promise to deliver you the best quality, authentic products. Under that oath we come with a money back guarantee keeping in mind the terms and conditions of the company.
We strive to achieve utmost levels of customer satisfaction and make sure that all our products cater to your unique needs and meet your expectations. We follow a fair and transparent return policy depending upon the type of product you purchase.
Special Instructions for Newsletters
For newsletters, we have a flexible return policy. You may use as many number of issues for our monthly newsletters as you find satisfactory and whenever you wish to unsubscribe, we will deduct the charges in accordance with the number of issues used, and refund you the remaining amount without any questions.
Special Instructions for DVDs and Books:
In the advent of a damaged book or a non-functional DVD, you can return it back to us along with the original packaging within 20 days from the date of purchase for a replacement of the same. We will be liable for refunds and exchanges in case we are sure of flaws at our end.
Please note that we do not accept returns for digital downloads and e-books.