The company Lightroom-photoshop-tutorials offers an online marketplace dedicated to training as well as video tutorials by allowing to view free or paid training videos relating to programs related to the digital field and photography.
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This service allows everyone to learn how to use software related to the field of photo editing.
The site offers space open to any Internet user, visitor of the site, and private space reserved for members who have registered on the site lightroom-photoshop-tutorials.com which will allow them to access offers and services of Lightroom-photoshop-tutorials.
The site has a Member area.
PRELIMINARY ARTICLE – DEFINITIONS
Acquirer: A member who decides to purchase or view one or more of the video tutorial trainings presented on the site.
Contract: these Terms and Conditions of Use
Account: Account on Lightroom and Photoshop Tutorials for each member.
Author: Lightroom-photoshop-tutorials is the creator of training videos about computer programs related to photo editing for the purpose of selling training on the videos it created.
Source files: working files provided with the tutorials or trainings.
Purchase: Contract defining the operating rights granted on a video tutorial. The content of the purchase is described in article 3-1 hereof.
Parties: designate Lightroom-photoshop-tutorials and members
Video tutorial: Training video about a computer program related to photo editing created by Lightroom-photoshop-tutorials which is protected by intellectual property law and whose license is offered for sale on the website lightroom-photoshop-tutorials.com.
Service: All the means implemented by Lightroom-photoshop-tutorials and the services performed by Lightroom-photoshop-tutorials to put them in contact with the buyers of video tutorials.
Website or Site: Website operated by Lightroom-photoshop-tutorials accessible at lightroom-photoshop-tutorials.com and on which the sales service of training and video tutorials is provided.
ARTICLE 1 – PURPOSE
The purpose of these Terms and Conditions of Use is to define the rules governing the provision of the Service by Lightroom-photoshop-tutorials to its Members.
ARTICLE 2 – REGISTRATION ON THE SITE
The user must register on the Website before purchasing a video tutorial. The registration procedure is carried out according to the conditions and modalities developed below.
2.1 Ability to contract
Registration on the Website as a Member is open to any natural or legal person capable of legally contracting.
For legal persons it will be necessary to ensure at the time of registration that the person acts in sufficient authority to bind the legal person.
Minors will be able to acquire video tutorials training on the site provided that these acquisitions remain “acts of everyday life”.
2.2 Provision of personal data
The user is asked to provide information about him or her (surname, first name, e-mail address, etc.). This information collected by Lightroom-photoshop-tutorials is within the framework of the provisions of the French Data Protection Act of 6 January 1978.
2.3 Selecting an ID and password
By registering each Member will provide a valid login, email address, and password. Identifiers and passwords are personal and confidential. The password must not be easily guessed by third parties.
• Each Member is fully responsible for the use and preservation of his identifiers and passwords.
• Each Member undertakes every effort to keep his identifiers and passwords secret and not to disclose them to any person.
• Any unintended loss or disclosure of any information that may allow a third party to become aware of a Member’s identifiers and passwords will immediately be reported in writing to Lightroom-photoshop-tutorials so that the latter proceeds to a change of the identifiers and passwords.
2.4 Acceptance of the general conditions of use
The user will only become a Member after having read and accepted these Terms and Conditions by clicking on the “validate” button provided for this purpose.
ARTICLE 3 – RIGHTS AND OBLIGATIONS OF MEMBERS
Internet users who become Members will access the paid offers and services offered by Lightroom-photoshop-tutorials.
A Member may purchase video tutorials under these conditions.
3.1 Using video tutorial purchases
Lightroom-photoshop-tutorials allows viewing of training and tutorials premium video after purchase.
The Member expressly acknowledges that video tutorials can only be viewed through the lightroom-photoshop-tutorials.com. Lightroom-photoshop-tutorials does not allow viewing of videos through other players or websites.
Viewing is unlimited.
This purchase does not transfer the ownership of the work, nor its right of exploitation, reproduction, or representative outside the family circle and for strictly personal use.
3.2 Members’ commitments
Each Member will refrain from the use of training, tutorials, and source files for commercial purposes, resale, or distribution for free or for a fee, being specified that the knowledge acquired by the purchaser as a result of the use of the tutorial is freely exploitable.
Modifications, reproductions, and representation of the video tutorial for any other than strictly personal use are prohibited.
3.3 Restrictions and prohibitions
Members are forbidden to download, send, transmit, or disseminate content on the Website that is:
• likely to harm the dignity of the human person
• insulting or defamatory
• pornographic or pedophilic
• promoting crimes against humanity
• encouraging the commission of crimes
• inciting racial hatred or discrimination
• infringing the privacy and/or right to image of any person
• infringing a third party’s intellectual property rights or related rights
• infringing the rights of database producers
• containing a virus or any other program that may damage, destroy, or alter the systems, programs, computer files, or data, etc. of Lightroom-photoshop-tutorials or its Members
• unlawful in general.
This prohibition also applies to the content to which hypertext links are provided by one of the Members on the Website lightroom-photoshop-tutorials.com
3.4 Warranty for provided information
Each Member will guarantee the veracity and accuracy of the information he provides.
ARTICLE 4 – PRICES OF VIDEO TUTORIALS
Each video will be charged on the basis of the prices in force at the time of its purchase by the Member.
The prices of the prepayment forms provided by the Site can be consulted on the latter.
Prices are expressed in U.S. dollars.
VAT: VAT not applicable, art. 293 B of the CGI
ARTICLE 5 – TERMS OF PAYMENT
The total price of each subscription is paid at the beginning of the subscription and/or renewal period.
Payment is made by direct debit from the provided credit card number or by direct debit from PAYPAL, depending on the chosen payment method.
The checkoff is implemented by one of our secure payment providers which keeps your payment details. We do not keep any bank coordinates.
You guarantee that you have the necessary funds and authorizations to use the chosen method of payment. You will take the necessary steps to ensure that automatic price picking of the Services can be carried out and to inform the commercial service Lightroom-photoshop-tutorials of any changes to the information provided during your subscription request, including billing details, bank references, and credit card number.
The purchase of video tutorial online is done by direct payment to the unit of the price of the video training.
Terms and conditions of payment
In 1 time / In 3 times / In 5 times
5.1 Cancellation of the sale
Lightroom-photoshop-tutorials reserves the right to cancel a sale if it was made through fraudulent payment.
5.2 Implementation of a recurring levy of money
The acquirer authorizes his creditor to collect money from his account. It also authorizes its bank to debit its account for the amount requested by the creditor.
ARTICLE 6 – HOW TO PROVIDE VIDEO TUTORIALS
Video tutorials will be provided by viewing.
Pursuant to Article L.121-20-2 of the Consumer Code, the acquiring Members do not have the right of withdrawal, and this right cannot be exercised when the products are delivered before the end of a period of seven clear days. (The provision of digital content is not provided on a physical medium.)
ARTICLE 7 – DURATION
The contract between the Members and Lightroom-photoshop-tutorials is concluded for an indefinite period. A contract is defined as formed by acceptance of the General Conditions of Use by each Member.
ARTICLE 8 – RESCISSION / GUARANTEED REPAYMENT WITHIN 30 DAYS
8.1 Termination and repayment of money or money back guarantee for 30 days
Each Party may terminate the contract by a simple notification to the other party during the period including:
up to 15 days from purchase the cancellation can be done by e-mail or by a letter provided that the member space has not been consumed.
From 16 to 30 days the cancellation must be made only by registered letter with an acknowledgement of receipt. (Please check the term for this.)
Termination and repayment of the money back or money back guarantee must be done only by registered letter with an acknowledgement of receipt when the member space has been consumed.
Lightroom-photoshop-tutorials reserves the right to terminate this contract at any time in the event of a breach by one of the Members of the obligations and guarantees entrusted to it.
(Space has not been consumed: The user has not logged in and has not watched a single video of the training for which he is requesting reimbursement).
a) Withdrawal form template
(To be completed and returned only if you wish to withdraw from the contract.)
_ I/we () hereby inform you of my/our wish to withdraw from my/our () contract for the sale of the following products () / supply of the following services (),
_ Ordered on / received on ()
_ Name(s) of consumer(s)
_ Address(es) of consumer(s)
_ Signature(s) of consumer(s) (only if this form is provided in paper)
_ Date ____________
(*) Strike out what does not apply.
b) The withdrawal form must be returned to us with a copy of the purchase order only by registered letter with acknowledgement of receipt.
8.2 Effects of termination
The Member’s account will be closed, and its logins and passwords will be deleted.
All information and video tutorials contained in the account of the terminating Member will be deleted as soon as possible and at the latest within fifteen (15) days of receipt of the notification of termination.
Termination of the contract binding the Member will not entitle the Member to reimbursement.
Lightroom-photoshop-tutorials may at any time and without compensation terminate a Member’s contract for breach. In particular, it is considered a breach to share the login credentials of a subscriber member account.
ARTICLE 9 – RESPONSIBILITY
9.1 Responsibility when members provide their contact information
It is the responsibility of Members to ensure that the contact information they provide is correct. In no case will the responsibility of Lightroom-photoshop-tutorials be retained if, for example, an acquiring member does not receive the video tutorial which he purchased due to an error of his own in entering his contact information.
9.2 Responsibility for the disclosure of identifiers and passwords
Lightroom-photoshop-tutorials will not be liable in any circumstances for any damages related to the loss or disclosure of the identifiers and passwords specific to each Member.
9.3 Responsibility for the content of the video tutorials
Lightroom-photoshop-tutorials will not be responsible in any circumstances for the content of the video tutorials and in particular for their pedagogical relevance. Each buyer is advised to read the description sheet before buying.
9.4 Damage sustained or caused by the video tutorials
Lightroom-photoshop-tutorials will not be liable for any material, immaterial, consecutive, nor not consecutive damages suffered or caused by the video tutorials.
SECTION 10 – CAUTION
10.1 Prerequisites for the use of the site
The Video Tutorial Acquirers Connection Service is only accessible to persons who have a sufficiently capable computer system to view the files containing the video tutorials.
HD video playback is a great test for older PCs, laptops, and slower netbooks. The amount of data stream produced by a typical HD video is in the range of 6 to 25Mb/s; the average data rate of a Blu-ray film varies between 30 and 40Mb/s (about 4 Mb/s).
Members acknowledge having read it.
10.2 Internet limitations
Members declare that they are familiar with the Internet, its characteristics and limitations, and recognize:
• that data transmission over the Internet is not absolutely technically reliable since data transmission over heterogeneous networks has different technical characteristics and capacities which are saturated at certain times of the day;
• that data circulating on the Internet are not protected against misappropriation, and that Members communicate any information at their own risk.
ARTICLE 11 – MODIFICATION OF THE GENERAL CONDITIONS OF USE
Lightroom-photoshop-tutorials may modify these Terms and Conditions of Use at any time. The new version of the General Terms and Conditions of Use will be communicated to Members by e-mail and enter into force within seven (7) days of dispatch. Members who do not accepta the new version will have the possibility to unsubscribe and terminate their contracts by simple notification addressed to Lightroom-photoshop-tutorials by e-mail or registered letter with an acknowledgement of receipt. After the aforementioned deadline and in the absence of any manifestation of Members the new version of the General Conditions of Use will be considered accepted by Members.
ARTICLE 12 – THE USE OF THE WEBSITE
12.1 Website malfunction
Lightroom-photoshop-tutorials is not responsible if the user cannot access the Website due in particular to maintenance operations or if access is interrupted at any time, or if any defect independent of the user’s will prevents an operation from being performed. Lightroom-photoshop-tutorials does not guarantee that the site is free of computer viruses or other anomalies beyond its control.
12.2 Availability of and access to the website
Subject to an obligation of means and not results, Lightroom-photoshop-tutorials will make every effort to guarantee permanent access to the site 24 hours 7 days, subject to maintenance and breakdowns.
Any interruption for maintenance which is expected to last longer than 24 hours will be announced to Members by e-mail twenty-four (24) hours in advance.
12.3 Intellectual property rights attached to the website
All content of the site and all related intellectual property rights are the property of Lightroom-photoshop-tutorials Internet users are not granted any rights to the content and intellectual property rights of the Website. Any unauthorized use of all or part of the content of the Website and the related intellectual property rights may be the subject of legal proceedings.
ARTICLE 13 – PERSONAL DATA
The information given by a member at the time of his registration on the site is of personal nature.
In accordance with Article 32 of the French Data Protection Act of 6 January 1978 the information required for Lightroom-photoshop-tutorials is marked with an asterisk. Any other requested information, the giving of which is optional, is intended for getting to know the user better and improving the services offered to him.
Each Member’s personal data are processed by Lightroom-photoshop-tutorials which is committed to ensuring a sufficient level of protection of the information to respect the privacy and fundamental rights and freedoms of individuals.
Each Member has the right to oppose, access, modify, rectify, and delete his personal data (Articles 38 to 40 of the French Data Protection Act of 6 January 1978). Each Member may exercise these rights by sending an e-mail to firstname.lastname@example.org. Unless Members oppose, Lightroom-photoshop-tutorials is likely to send them offers of products and services by mail and/or e-mail.
Lightroom-photoshop-tutorials may be required to provide personal data concerning one of the Members upon request of the public authority and under the conditions defined by the regulations in force.
ARTICLE 14 – SETTLEMENT OF DISPUTES – APPLICABLE LAW & PAYMENT CONDITIONS
14.1 Payment delays and incidents
Any delay or incident of payment of all or parts of an amount due automatically results without prior notice and without prejudice to other actions we may take in:
• immediate suspension of access to the Services until full payment is received
• Any payment incident being subject to late interest. See 14.2. Applicable Law.
• Invoicing of late interest. Flat-rate compensation for recovery costs due to the creditor in case of late payment: €150 without any reminder being necessary.
14.2 Applicable Law
f a Member is a foreign national, it is agreed that the contract concluded between the Member and Lightroom-photoshop-tutorials will be governed by the French law. Consequently the version of the General Conditions of Use in French is authentic.
ARTICLE 15 – YOUR OBLIGATIONS
Access to the Services is subject to the acceptance of the commitments listed below, which are additional to the obligations arising from the other clauses of the GTC and VGCL.
Compliance with applicable laws
You undertake to comply with the laws and regulations in force and not to infringe third-party rights or public order. In particular you are solely responsible for proper completion of all formalities and payments of contributions and all applicable taxes in connection with your use of the Services. Under no circumstances can our responsibility be claimed.
ARTICLE 16 – UPDATES
We reserve the right to modify, update, or evolve GTC at any time. We will inform about any modification on the site by means of an information banner displayed for thirty (30) days before the new Terms and Conditions come into force, and an email to account holders. Any browsing at the end of this period will be subject to the new Terms and Conditions. You must unsubscribe from the Site if you refuse to abide by the new Terms and Conditions.
As Lightroom-Photoshop-tutorials is a French company, the above texts have been translated for you into English.
You can have the original texts in French at any time simply by contacting us at the following address: email@example.com