Terms of use

November 2016

The website available at https://www.tutpad.com including all sub domains, or sections (“Website”) is operated by Graphic Resources, S.L. (“Tutpad”), registered in the Commercial Registry of Málaga, volume 4994, sheet 217, page number MA-113059, with Tax Number B-93183366 and registered officeat 13 Molina Larios St., 5th floor, 29015,Málaga, Spain.

These terms of use (“Terms”) govern the access, browsing and use of the Website by their users (“User” or “Users”, as applicable); the use of certain content owned by Tutpad or third parties; as well as the services rendered through the Website (“Service” or “Services”, as applicable).

Accessing and using the Website implies that the User has read and accepts to be bound by these Terms without exception. In case the User does not accept the Terms or have any objection to any part of the present Terms the User must not use the Website.

Tutpad may modify the Terms at any time and thus we recommended that the Terms are reviewed on a regular basis by the User. The date at the beginning of these Terms refers to the latest update of these Terms, which will be applicable from the date of publication.

Some Services provided through the Website may be subject to specific conditions or instructions that must be accepted by the User prior to the provision of the relevant Service. These specific conditions may be imposed by Tutpad or by third parties. Such specific conditions shall apply in addition to the Terms and in case of conflict shall supersede the Terms. Accordingly the User must read and accept such specific conditions before the provision of the relevant Service.

Likewise, in respect of collection and processing personal data, the Privacy Policy will apply.

1. PURPOSE OF WEBSITE

Through the Website, the User can search and read or watch tutorials and courses (“Content”) about graphic design.

The Services may search and locate, as a result of the search performed by the User, Contents owned by Tutpad (“Tutpad Content”); Contents owned by third parties offered through the Website and the Service (“Collaborators Content”); as well as third-party Content not offered free of charge ("Sponsored Content"). Sponsored Content is duly differentiated and identified on the search results. Tutpad Content and Collaborators Content shall be hereinafter referred to collectively as the “Tutpad Tutorials” and can be watched or read through the Website.

2. AUTHORISED USE OF THE WEBSITE

The User is only authorized to use the Website and the Services in accordance with the Terms and in good faith.

The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of Tutpad or third parties, particularly, the owners of the Collaborators Content or the Sponsored Content.

The User will not interfere with the functioning of the Website or in the Services, in particular will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Website or the Services, which may impact the security of the Website or the Services, or which may in any way interfere with the Services offered by Tutpad. It is prohibited to use robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Website or the Services in anyway which is contrary to the ordinary use of the Website or which infringes Tutpad's interests,without the express prior authorization from Tutpad.Likewise, it is prohibited to obtain or attempt to obtain the contents of the Website using any method or system not expressly authorized by Tutpad or which is not the ordinary method of accessing the Website.

The User shall be responsible of ensuring prior to using the Services that the features of the Services meet the User’s needs and that has all requirements, equipment and software necessary for this purpose and of any costs required for the use of the Services.

The rights granted to the User under these Terms are personal and shall not be assigned to any third party (including affiliates or entities part of the same group of companies) totally or partially, by any mean, without the prior, express and written consent from Tutpad.

When providing the Services,Tutpad can publish advertising either related or not to the searched Contents, which is expressly accepted by the User.

3. REGISTRATION

In order to use certain Services, the User must register, creating a username and password and activating an account. To this end, the User must provide a valid email address where the User will receive notifications related to the Services.If the User is a legal entity or business, its username must be its full name or corporate name and the person registering on behalf of the legal entity or business declares that he/she is duly authorized to bind such legal entity or business and that such legal entity or business shall be bound to these Terms.

The User agrees to provide the mandatory information required for registration and also acknowledges that such information is true, complete and up to date. The User is solely responsible of keeping such information updated.Should the User provide false, outdated or incomplete information, or should Tutpad have reasons to suspect it, Tutpad reserves the right to suspend or cancel the User’s account.

The User must protect and keep confidential the account password and must not disclose it to third parties. The User must neither allow other Users to access the Services through the User’s account nor use the account of another User to access the Services.

The User is responsible for all operations carried out through the User’s account through any device. If the User suspects that another user is using his account he/she should immediately inform Tutpad.

Tutpad may suspend or cancel the account of the User if it considers that the User has breached these Terms.

4. CONTENT

The Services allow Users to:

  • (i) Search for content that may result in the Tutpad Tutorials and/or Sponsored Content.
  • (ii) Upload Collaborators Content for its offer in the Website or the Service.

If you have any question regarding any Content or believe that it infringes any right, that it does not comply with these Terms, or that is inappropriate, you can do so by contacting Tutpad as indicated in Section 10 or following the instructions provided on the Website for a copyright complaint.

4.1. Sponsored Content

Regarding the Sponsored Content, Tutpad’s role is limited to complete the search requested by the User and to provide such Content as a search result with a link to the relevant website together with specific related information. In some cases, in order to provide the User a better user experience and facilitate returning to the Services, the link can be presented within a Tutpad frame, which can be removed by the User at any time.

Tutpad is not the provider of the Sponsored Content and does not present itself as owner of such Content. Furthermore, displaying the search result and the link do not imply any relationship between Tutpad and the third party responsible for the Sponsored Content.

Tutpad does not select, examine, control, guarantee, approve, sponsor or identify itself in any form with the Sponsored Content resulting of the searches made by the Users. The Sponsored Content are the sole responsibility of the third parties that make them available to the public over the Internet.

The User will be able to access the corresponding third party websites and use the Sponsored Content under the terms and conditions established by such third parties. Tutpad shall not be a party or be involved in any way in the relationship between the User and the corresponding third party. The User undertakes to read and comply with the terms and conditions established by such third parties for the use of the Third Party Content and the Sponsored Content.

Tutpad is not a party and does not take part in the relationship between the User and the third party that offers the Sponsored Content, and is not directly or indirectly responsible for the performance, omissions, errors, negligence or breaches of the Users or such third parties. Any claim from the Users regarding the Sponsored Content must be addressed to the third parties, which offer them in the linked website.

4.2. Tutpad Content

The Tutpad Contents are offered under the conditions stated from time to time in the Website (including, without limitation, restrictions to the use of Tutpad Content each day) and are licensed in the terms set out in Section 7 and/or in Section 8, as applicable.

4.3. Collaborators Content

Collaborators Contents are offered in the terms stated at the relevant time in the Website, and are licensed as stated in Sections 7 and 8, as applicable.

When offering Collaborators Content, Tutpad acts as a mere intermediary between the User that uses such Content and the collaborator, providing the User with the access and subscription to the Collaborators Content.

Tutpad makes reasonable efforts in guaranteeing the lawfulness of the Collaborators Content. However, Tutpad cannot monitor or control all such Collaborators Content. For such reason, the User acknowledges and agrees that Tutpad shall not be responsible for evaluating the originality, the non-infringement of third party rights and the lawfulness of such Collaborator Contents and that Tutpad does not guarantee nor is liable in respect of any such Contents, except for those cases expressly provided in the applicable regulations.

The collaborator is responsible for the Collaborator Content uploaded to the Website and the Service to be offered to the Users and for providing assistance in relation to any User’s claim.

5. RESPONSIBILITY

The User acknowledges and agrees that uses the Website and its Services at the User’s own risk and under the User’s responsibility and therefore Tutpad does not accept any responsibility for misuse or use in breach of these Terms.

The User will be responsible for any damages to Tutpad resulting from the User’s use of the Website and the Services in breach of the Terms and accepts to indemnify Tutpad and its directors, employees, agents and representatives from any liability in which they may incur resulting from the User’s breach of these Terms.

Tutpad does not warrant the availability or continuity of the Website and the Services, neither its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity.

As way of example and without limitation, Tutpad shall not be liable for any damages that may result from:

  • (i) Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not Tutpad’s responsibility.
  • (ii) Delays or unavailability of the Website and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
  • (iii) Third party actions.
  • (iv) Unavailability of the Website and the Services due to maintenance or software updates.
  • (v) Any other event beyond Tutpad’s direct control.
  • SAVE FOR TUTPAD’S WILFUL MISCONDUCT, AND THOSE CASES IN WHICH DUE TO THE SPECIFIC CIRCUMSTANCES OF THE USER INVOLVED OR THE NATURE OF THE MATTER, APPLICABLE LAW PROVIDES THAT LIABILITY CANNOT BE LIMITED BY AGREEMENT, USE OF THE WEBSITE AND THE SERVICES IS AT SOLE RISK OF THE USER AND TUTPAD SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND CAUSED TO THE USER AS A RESULT OF USING THE WEBSITE AND THE SERVICES.
  • In accordance with Section 4 above regarding Third Party Content and Sponsored Content,Tutpad acts exclusively as a provider of a search service as requested by the User, without assuming any responsibility for search results.
  • The insertion of links in the Services does not imply any relationship, recommendation or supervision by Tutpad of the linked website and accordingly, Tutpad does not accept any liability in relation to the content of any linked website except in the specific circumstances provided by applicable law.
  • In accordance with Section 4 above, regarding the Collaborator Contents, Tutpad acts exclusively as the provider of the intermediation service between the offer of Collaborator Contents and the Users interested in using them, without any liability in relation to such Contents, except for those cases expressly stated by Law.
  • 6. INTELLECTUAL PROPERTY

  • All intellectual property rights over the Website, the Services, and/or the Tutpad Tutorials, its design, and source code, and all content included in any of them (including without limitation text, images, animations, data bases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong or are licensed to Tutpad.
  • Except as expressly authorized under Section 7, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, reuse or any other use of the Website, the Services, the Tutpad Tutorials or any of its parts, is strictly forbidden.
  • The Third Party Content and the Sponsored Content are protected by intellectual property rights, as appropriate, and belong to their owners. Although the Services can locate and provide access to these Contents, its use is subject to the conditions set by the relevant third party. Tutpad is not the owner and cannot grant any license or authorization in relation to the Third Party Content or Sponsored Content. The User must obtain authorizations that are, in each case, required to use any Third Party Content or any Sponsored Content.
  • If the third party holder of a Third Party Content or Sponsored Content does not want to be included in Tutpad search results, the third party can contact Tutpad as indicated in Section 10. Regarding a specific Third Party Content or Sponsored Content appearing as search result, you can use the copyright complain that appears next to the result.
  • If you believe that any Content infringes third party rights or does not comply with these Terms, you can report it to Tutpad as set forth in Section 10. In addition, you can use the copyright infringement report system that is provided with any result in the Website.
  • 7. END USER LICENSE AGREEMENT FOR THE TUTPAD TUTORIALS

    Tutpad authorizes the User to watch, read and use the Tutpad Tutorials under the terms of this license. Tutpad and its licensors reserve all rights over the Tutpad Tutorials not expressly granted in this license to the User.

    The User rights under this license will end automatically without any notice if the User breaches any of the Terms. In case of termination of the license, the User shall cease using Content in the Tutpad Tutorials and will destroy every copy, whether total or partial, thereof.

    8. CONDITIONS FOR THE SUBSCRIPTION

    The terms in this Section (the “Subscription Terms”) govern any purchase of any Subscription in the Website. When concluding the purchase procedure for any Subscription, it shall be deemed that the User has read and accepted, without exception, the Subscription Terms.

    These Subscription Terms are available to the User before the purchase of the Subscription and may be stored or reproduced on a durable medium.

    The Subscription Terms are available in English. In case the User is interested in purchasing any Subscription, it has to follow the instructions available in the Website from time to time.

    The Subscriptions available for the Content in the Tutpad Tutorials are offered in the Website where the relevant information, price and conditions are included. Tutpad can modify at any time the Subscriptions offered, offering with new Services (to which, unless otherwise stated, these Subscription Terms shall apply) or ceasing to offer any of the Services. The Subscriptions are personal,shall not be assigned to third parties and no third parties other than the User shall be allowed to use the Tutpad Content (including as third parties, for these purposes, affiliates or entities part of the same group of companies)

    The price for the Subscription is stated in US Dollars in the Website and includes, if applicable, the relevant Value Added Tax. Tutpad is entitled to modify the price for any Subscription at any time. Tutpad shall apply the price stated in the Website at the time of the submission of the order of the Subscription by the User.

    The User shall pay the Subscription in advance through Paypal or credit/debit card, as stated in the Website. To purchase and pay the Subscription, the User shall follow the instructions stated in the Website. The processing of the payment information and data through Paypal or credit/debit card is made within third parties sites. When ordering any Subscription, the User authorizes Tutpad to collect the corresponding price through the chosen payment method. The Subscription shall not be activated until Tutpad has received the payment or the payment has been authorized by the relevant financing entity. After that, the Subscription shall be inforce for the term purchased by the User.

    Unless otherwise stated in these Subscription Terms, the Subscriptions shall be automatically and successively renewed at the expiration of its term, unless the User cancels the renewal of the Subscription before its expiration. Tutpad shall charge the corresponding price by the same initial payment method. Tutpad may modify the price for the renewal of the Subscription, provided that the User is informed with, at least, one-month prior notice.

    Once the User purchases the Subscription, the screen shall confirm the purchase. In addition, within the shortest time reasonably possible and not after twenty four (24) hours since the acceptance of the order, an email shall be sent to the User with the receipt of the purchase. The receipt may be stored and printed. The User may request an invoice as stated within the Website.

    After the purchase of the Subscription, the User may use the Content in the Tutpad Tutorials without crediting Tutpad. The rest of conditions stated in Section 7 shall still be applicable.

    As the Tutpad Content is digital content, no cancellation right shall apply, without prejudice to the guarantees stated in the consumers’ regulations that may be applicable.

    9. CHANGES AND CLOSURE OF THE WEBSITE

    Tutpad may, at any moment, and without incurring in any responsibility towards the User, modify the content of the Website or the Services, limit or modify the conditions or cease to provide some or all the Services and features available or deactivate and delete all or some of the User accounts and their corresponding information. However, Tutpad will comply with its obligations regarding the keeping of records in relation of certain transactions for the relevant period as provided by applicable law or refund the Users of Subscriptions in force at that time with the proportional part of the price not accrued before the termination.

    10. GENERAL AND CONTACT INFORMATION

    The use of the Website and the Services shall be governed by Spanish Law. Except for those cases in which applicable regulations impose a specific jurisdiction, any dispute in connection with these Terms shall be resolved by the Courts of Malaga, and the Parties waive expressly any other applicable jurisdiction.

    If any provision in these Terms is declared to be invalid or unenforceable, it shall be deemed that it had not been included. The remaining provisions in these Terms shall not be affected in anyway.

    You may contact Tutpad for any query or claim in the following website address: www.tutpad.com/contact

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