Tutorial Licensing Agreement
These Terms were last updated on May 25, 2024.
By accessing and/or using our tutorial(s), you are agreeing to these terms hereunder and our Privacy Policy (https://www.vfxgrace.com/privacy-policy-and-terms-of-use/), and any other legal notices or other rules, policies, and procedures relating to the Services that we may publish from time to time (collectively, the “Terms”). Therefore, please carefully review these documents. If you do not agree, do not access and/or use the tutorials. If there is a conflict between these Terms and any other terms and conditions published from time to time, the latter terms and conditions shall control unless they expressly state otherwise.
1. Our Materials and License to You
All right, title, and interest in and to VFX Grace properties, including Tutorials, our websites, our existing or future applications, our APIs, databases, and the content our employees or partners provided are and will remain the exclusive property of VFX Grace and its licensors. Our properties are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing gives you a right to use the VFX Grace name or any of the VFX Grace trademarks, logos, domain names, and other distinctive brand features.
Subject to your compliance with these Terms, we grant you a limited, perpetual, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Tutorials for your personal, noncommercial, and educational use, solely as expressly permitted by these terms herein and subject to all the terms and conditions of the Terms, all applicable laws, and any additional terms on the website. Any other use of the Tutorials is strictly prohibited. Any rights not expressly granted herein are reserved by VFX Grace.
This license is for a single user. For team licenses, please contact us.
You agree not to reproduce, duplicate, copy, sell, trade, transmit, broadcast, resell or exploit for any commercial purposes, any portion or use of, or access to, the VFX Grace properties.
You are NOT allowed to:
- By using the Tutorials, do anything that violates local, state, national, or international laws or breaches any of your contractual obligations or fiduciary duties.
- Reproduce, transfer, sell, resell, or otherwise misuse any of our Tutorials
- Break or circumvent our security measures or otherwise test the vulnerability of our systems or networks
- Impersonate or misrepresent your affiliation with any person or entity.
2. Accounts & Age Restriction
You need an account for accessing the Tutorials. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. You may not share your account login credentials with anyone else. You may not transfer your account to someone else or use someone else’s account. If you suspect someone else is using your account, let us know by contacting us using the contact information on the website.
You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission.
You may contact us to request access to an account, but we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
You must be at least 18 years of age to create an account on a website and access these Tutorials. If you are younger than 18 but above the required age for consent to use online services where you live (for example, 13 in the US), you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you access content that is appropriate for you. If we discover that you have created an account that violates this rule, we will terminate your account.
You may terminate your account at any time by contacting our support team through the contact information provided on our website. Upon termination, you will lose access to all tutorials and any other services associated with your account. No refunds will be provided for any fees paid prior to termination, except as required by applicable law. Check our Privacy Policy to see what happens when you terminate your account.
We reserve the right to suspend or terminate your account or access to our tutorials at our sole discretion, without notice, if we believe that:
- You have violated any material terms of this agreement or any other policies or rules set forth by VFX Grace.
- Your conduct is harmful to VFX Grace or any other user.
- You have engaged in fraudulent or illegal activities.
- You have failed to comply with any applicable laws or regulations.
Upon such termination, you will lose access to the tutorials and any other services associated with your account. No refunds will be provided for any fees paid prior to termination, except as required by applicable law.
Upon termination of your account for any reason:
- All licenses granted to you under this agreement will immediately terminate.
- You must cease all use of the tutorials and any other VFX Grace properties.
- VFX Grace reserves the right to delete any information or data associated with your account from our servers and to retain any data as required by law or for legitimate business purposes.
Survival of Terms:
All provisions of this agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
3. Payments and Refunds
3.1 Pricing
The prices of tutorials on our website may differ from those on other platforms due to platform providers' pricing systems and policies regarding sales and promotions.
We may offer promotions and sales during which tutorials are available at discounted prices for a limited time. The price at checkout is the applicable price for your purchase.
VFX Grace does not offer refunds for tutorials that are released and available. However, if you preorder a tutorial, you may request a refund before the release date.
We reserve the right to adjust the pricing of our tutorials at any time at our sole discretion. Unless otherwise specified in these Terms, any price changes may occur without prior notice to you.
4. Disclaimers
Our services and our Tutorials are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the services or the Tutorials, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Tutorials. Your use of the Tutorials is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We are not responsible for the delay or failure of our performance of any of the services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
5. Limitation of Liability
We (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of $100 USD or the amount you have paid us. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
6. Revisions to the Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Tutorials after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
7. MODIFICATIONS TO TUTORIALS
VFX GRACE and its partners reserves the right at any time and from time to time to modify the Tutorials by VFX GRACE (or any part thereof) with or without notice. You agree that VFX GRACE shall not be liable to you or to any third party for any modification of the Tutorials (or any part thereof).
8. INDEMNIFICATION
Your Indemnity. You shall defend, indemnify and hold harmless VFX Grace and its parent, subsidiaries, commonly owned or controlled affiliates, agents and their respective officers, directors and employees from all damages, liabilities and expenses (including attorneys' fees), arising out of or as a result of claims by third parties relating to (i) Your use of any Tutorials outside the scope of this agreement; or (ii) any other actual or alleged breach by you of this agreement.
9. MISCELLANEOUS TERMS
Assignment. This agreement is personal to you and is not assignable by you without VFX Grace’s prior written consent. VFX Grace may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.
10. CHOICE OF LAW/ATTORNEY'S FEES
This agreement will be governed in all respects by the laws of the State of New York, without reference to its laws relating to conflicts of law. You agree that the Federal District or State Court of the State of New York, County of New York are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery. The United Nations Convention on Contracts for the International Sale of Goods does not govern this agreement. If VFX Grace is obligated to go to court to enforce any of its rights, then You agree to reimburse VFX Grace for its legal fees and disbursements if VFX Grace is the prevailing party.
11. SEVERABILITY
If one or more of the provisions contained in the agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
12. WAIVER
No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement. A delay on the part of either party in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by either party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion.
13. TAXES
You agree to pay and be responsible for any and all applicable sales taxes, use taxes, value added taxes, withholding taxes, and duties imposed by any jurisdiction as a result of the license granted to you, or of your Use of the Tutorials.
