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VFX Learning Terms and Conditions
General Terms and Definitions
THE VFXLEARNING LTD ONLINE-BASED-TRAINING WEB SITE IS INTENDED FOR USE ONLY FOR LAWFUL PURPOSES. BY USING THE VFXLEARNING LTD WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS OF USE. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY IN ORDER TO BE AWARE OF MODIFICATIONS. YOUR CONTINUED ACCESS TO OR USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.
VFXlearning LTD
10 Windmill Street
London, UK W1T 2JE
General Contact: info@vfxlearning.com
Billing: billing@vfxlearning.com
"VFXlearning," "Website," or "Site" refers to the website maintained on the World Wide Web by VFXlearning LTD available at http://www.vfxlearning.com
"Online Based Training" or "OBT" means both the audiovisual materials available through VFXlearning LTD and the live and recorded web conference class sessions.
"User" refers to any party who accesses the student portions of the VFXlearning LTD Site including the OBT.
"Student" refers to any party who accesses the Online Based Training.
"Access" means accessing, viewing the content or otherwise obtaining information located at the Online Based Training.
"Agreement" refers to these terms and conditions of use and any subsequent modification.
"Program" refers to the course of study provided by VFXlearning LTD which the student intends to complete. The Program is a single term taken with no obligation to continue.
"Terms" refers to the items described in this document which obligate the parties to actions, and which make up the Agreement.
Please carefully read the following Terms of Use and Disclaimers before accessing and using VFXlearning LTD and the OBT. By Accessing the Online Based Training via the World Wide Web or any other medium, User accepts and agrees to all conditions imposed in this Agreement.
VFXlearning LTD reserves the right to modify these terms of use at any time without notice to User. Any change in these terms of use is effective immediately upon User's receipt of notice from VFXlearning LTD. Notice can be given through e-mail or posting on the Site. Users agree to periodically check these terms of use for changes. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms of use.
User is solely responsible for providing the equipment related to Accessing the Site, including all computer, remote communications equipment, headphones, microphone, or other equipment. User is solely responsible for purchasing licenses of 3D animation software.
VFXlearning LTD hereby grants to You a non-exclusive license to use and Access the content and information available at the OBT according to the provisions contained herein and subject to the payment of the applicable tuition and fees and adherence to the terms of the this Agreement.
The rights granted under this Agreement are effective only upon payment of the tuition and fees, which are non-refundable other than as expressly provided here or in the current VFXlearning LTD catalogue, provided at vfxlearning.com. The term "term" is defined as an 12-week period of instruction between the dates outlined in the current official VFXlearning LTD catalogue, provided at vfxlearning.com.
To apply for classes for the upcoming term, students must pay for that next term. Unless a student withdraws from VFXlearning LTD or suspends their study for personal reasons, it is assumed they will continue their chosen course of study, and non-payment will otherwise place the student on academic probation and may result in the student's termination and dismissal from VFXlearning LTD. Registration or other fees will not be refunded after the payment is done.
Given the nature of the Internet the Site may be accessed in other parts of the world. If you are not a U.K. resident and use the Site, you acknowledge, understand and agree that you are doing so on your own initiative and at your own risk and that it is your responsibility (and not the responsibility of VFXlearning LTD) to make sure that your use of the Site complies with all applicable local laws. IF YOU ARE NOT A U.K. RESIDENT , BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE SITE, YOU CONSENT TO THE TRANSFER OF SUCH DATA TO THE U.K., AND TO THE PROCESSING OF SUCH DATA ON VFXlearning LTD's U.K. SERVERS, WHERE YOUR DATA WILL BE GOVERNED BY U.K. LAWS THAT MAY PROVIDE A LEVEL OF DATA PROTECTION DIFFERENT THAN YOUR COUNTRY.
7. Site is Not Intended for Minors.
The site is not intended to be used by, and is not directed to, anyone under 18 years of age. You represent that you are at least 18 years of age. If we receive a complaint which states that a user of the site is under 13 years of age, we will comply with the requirements of the Children’s Online Privacy Protection Act of 1998 ("COPPA").
VFXlearning LTD strives to provide the OBT to its Students on a continuous basis. To that end, VFXlearning LTD will take all commercially-reasonable efforts to provide uninterrupted Access to the OBT to its Students. However, from time to time, Students may be unable to Access the OBT due to conditions beyond VFXlearning LTD's control. Such conditions include, but are not limited to: Force Majeure or Acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the OBT to its Students, VFXlearning LTD will take all commercially-reasonable steps to ensure Access is restored within a reasonable period of time. The term commercially-reasonable shall be determined solely by VFXlearning LTD.
VFXlearning LTD endeavours to provide the highest quality content to its Students. Accordingly, VFXlearning LTD reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of the Site and the OBT, including, without limitation, the content, availability, Access and/or the terms of this Site, in whole or in part, or to impose new conditions, including, without limitation, a modification of fees and charges for use at any time. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may include posting such changes on this Site.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following:
Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site; adversely affects VFXlearning LTD's computers or databases. Otherwise engage in any action which VFXlearning LTD determines is detrimental to the use and enjoyment of the Site.
Capture, download, save, upload, otherwise retaining information and content available on the OBT other than what it expressly allowed by these Terms.
Permit or provide others Access to the OBT using Your username or password or otherwise. Copy, modify, reverse engineer, disassemble, redistribute, publish, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, videos, information, text, graphics, source code or HTML code, characters, tools, sample files, student assignments and uploads, or other content available on the Site. Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
Transfer the Site content to another person; "frame," "mirror," "in-line link," or employ similar navigational technology to the Site content; or "deep link" to the Site content. Violate or attempt to violate VFXlearning LTD's security mechanisms, Access any data or server You are not authorized to access; or otherwise breach the security of the Site or corrupt the Site in any way; Engage in any other conduct which violates the Copyright Act or other laws of the United Kingdom. Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users or the site.
Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights. Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by the Site. Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site, verbal or visual; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
Advertise or otherwise solicit funds, goods or services on the Site. In order to ensure that Users of the Site do not engage in Prohibited Conduct, VFXlearning LTD reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the OBT to any person or entity whose use of the Site suggests Prohibited Conduct. Access of the materials available at the OBT beyond that of normal patterns of use that suggests systematic copying of the materials may constitute abuse of the OBT and may result in revocation or denial of Access to the OBT.
The terms "normal patterns" and "abuse" shall be determined solely by VFXlearning LTD. You agree not to violate any U.K., foreign or international software or technology export laws and regulations, including without limitation the U.K. Export Administration Regulations.
VFXlearning LTD warrants that the software that allows Users to Access the OBT ("Software"), if operated as directed, will substantially achieve the functionality described. VFXlearning LTD does not warrant, however that Your use of the Software will be uninterrupted or that the operation of the Software will be error-free or secure. VFXlearning LTD PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE.
VFXlearning LTD also warrants that the school Software, if provided by VFXlearning LTD, is free from defects in material from the date You acquired the Software. VFXlearning LTD's sole liability for any breach of this warranty shall be, in its sole discretion: (i) to replace Your defective Software; or (ii) to advise You how to achieve substantially the same functionality with the Software as described; or (iii) if the above remedies are impracticable, to refund the tuition and fees You paid for the Software. Only if You inform VFXlearning LTD of Your problem with the Software within thirty (30) days of discovering the problem will VFXlearning LTD be obligated to honour this warranty. VFXlearning LTD will use commercially-reasonable efforts to repair, replace, advise, or refund pursuant to the foregoing warranty within thirty (30) days of being so notified. If any modifications are made to the Software by You during the warranty period; if the medium is subjected to accident, abuse, or improper use; or if You violate the terms of this Agreement, then this warranty shall immediately terminate. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Software was designed to be used as described.
Although VFXlearning LTD has attempted to provide accurate information on the Site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
11. Disclaimer and Limitation of Liability.
USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS ARE SPECIFICALLY DISCLAIMED. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL VFXlearning LTD OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, THIRD PARTY CONTENT PROVIDERS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK AN YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT VFXlearning LTD RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL VFXlearning LTD BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT VFXlearning LTD RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF VFXlearning LTDSHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF VFXlearning LTD, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. VFXlearning LTD IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. NO DEALER, AGENT, OR EMPLOYEE OF VFXlearning LTD IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THIS LIMITED WARRANTY.
You acknowledge that VFXlearning LTD does not pre-screen third party materials, including but not limited to assignments and uploads from other students. VFXlearning LTD is not the publisher or speaker of any information on the Site that is provided by third party content providers, and VFXlearning LTD is not liable for any claims related to such information. Content provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by VFXlearning LTD. VFXlearning LTD assumes no responsibility for those products or services.
VFXlearning LTD may contain links and references to other third party websites and materials. VFXlearning LTD does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. VFXlearning LTD does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. VFXlearning LTD reserves the right to terminate any link or remove any reference found on the Site at any time.
VFXlearning LTD MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, VFXlearning LTD DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
13. Copyrights and Trademarks and other Proprietary Rights.
VFXlearning LTD or its third party content providers shall retain all worldwide rights in the intellectual property of the Site, including, but not limited to, trademarks, inventions, ideas, trade secrets, 3D characters, training content, the "look and feel" of the Site, its colour combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything You read or see on the Site is copyrighted or otherwise protected and owned by VFXlearning LTD or a third party who licensed the right to use such content to VFXlearning LTD. Unless otherwise expressly noted, nothing that You read or see on the Site or in the OBT may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of VFXlearning LTD except as provided in this Agreement or expressly allowed in the course of class interaction.
User agrees to defend, indemnify and otherwise hold harmless VFXlearning LTD and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User's Prohibited Conduct or other improper or illegal use of the Site.
Users are prohibited from violating or attempting to violate the security of the Site. VFXlearning LTD will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Users are required to enter a username and password to Access the Online Based Training. In order to protect against VFXlearning LTD Access to Your account, it is recommended that You close the browser when You have finished using the Site.
In addition to VFXlearning LTD's other rights, it may terminate this Agreement at any time and at its discretion. VFXlearning LTD may also terminate Access to the OBT or cancel subscriptions to the OBT without notice if it believes, in its sole judgement, that You have breached or may breach any term or condition of this Agreement, engaged in conduct that VFXlearning LTD deems inappropriate, for its convenience or for any other reason. In the event of termination of this Agreement, the provisions in this paragraph and the provisions found in paragraphs 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 17 shall survive. Your obligations to pay outstanding tuition and fees shall survive any termination of this Agreement.
All of VFXlearning LTD 's employee-owners are required to adhere to the highest ethical standards in gathering, using, and safeguarding any information You provide. Personal Information is gathered only when Users make voluntarily online submissions of such information or voluntarily establish an account. An example of the type of information VFXlearning LTD collects is: name, address, city, state, postal code, telephone number, and e-mail address. VFXlearning LTD does not rent, sell, or exchange information about Website visitors and generally restricts access to User information to qualified VFXlearning LTD employees. We gather only the User information that is needed to administer our business and enhance and improve our services.
These terms of use, in conjunction with the Enrolment Agreement, constitute the entire agreement between VFXlearning LTD and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between VFXlearning LTD and User dealing with the subject matter hereof is superseded. If any portion of this Agreement is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User's breach of this Agreement, VFXlearning LTD may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. VFXlearning LTD 's remedies are cumulative and not exclusive. Failure of VFXlearning LTD to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. VFXlearning LTD makes no representation that the content of the Site is appropriate or available for use in all locations.
