Tuts+ Terms of Use

Welcome to Tuts+!

This section talks about the contract you enter with us when you use our Tuts+ sites. We’ve explained the meaning of the words in bold at the end of these terms.
1.Hi, we’re Envato. Welcome to Tuts+, Envato’s online learning service. We hope you have a blast learning from our range of tutorials, courses, eBooks, and more! This is our agreement that we make with you when you use the Tuts+ sites and it applies whether you are just browsing the content on our sites, or accessing purchased content via your account.
2.Thanks for taking the time to read and understand these terms because they govern your use of our sites and set out your rights and obligations.
3.If you can’t, or don’t want to, accept these terms, then we’re sorry but you must not use the Tuts+ sites.
4.You need to be 13 years or over to browse the Tuts+ sites. We don’t knowingly collect any information from anyone aged 13 or under. You need to be 18 years or over to sign up for a Tuts+ account. If you’re under 18 you will need to be under the supervision of a parent or legal guardian who is at least 18 years of age, and this adult will be responsible for all your activities.

Learning With Us

5.We want you to enjoy our sites and learn from them. We give you permission to use the sites and the content in exchange for accepting our terms and complying with them.
6.Content that is available on our sites may be either free or require that you pay for the right to access. Whether the content is free or purchased, we give you the right to use it in the following ways (in legal speak we give you a revocable, non-exclusive license to do the following things). You can:
a.use the effects and techniques demonstrated in the content, and the knowledge you learn, for personal or commercial purposes, without needing to say where you learned it (attribution);
b.use, modify and manipulate assets made available like source files but only for your own personal, educational purposes and without redistributing them.

Take a look at the rest of these terms (especially sections 22–26) for some details on things you can’t do under your license to the content.

If you’d like to arrange for bulk access to purchased content for your organization, please contact us.

Helping to Keep Our Free Content Free

7.We don’t charge you to access the free content, but we do use some common strategies to help us pay our contributors to create such great educational resources—these might include affiliate programs, sponsored posts, advertising and so on.
8.Some of these relationships, such as affiliate programs, might mean that we receive a commission if a purchase is made from a site we link to. It is up to you to make sure that products and services of other sites we link to meet your needs, as we don’t formally endorse any products or services of these other sites. We don’t have control over anyone else’s sites so we can’t be responsible for them. But of course, we only suggest something if we think it is worthy. If you have feedback on an affiliate, let us know.

Purchased Content

This section will help you understand how to access purchased content and what you get when you “buy” purchased content.
9.Purchased content includes things like buying individual courses, or taking out a subscription. The first time you buy purchased content you will need to create an account. Read on to learn more about your Tuts+ account. (We say “buy” but as we’ve explained above in section 6, you are getting a license to use this content rather than ‘owning’ it outright!)
10.You pay for the purchased content you’ve selected via our pricing page. All prices on our site are in US dollars (USD). You are responsible for meeting all costs of currency conversion from your local currency to USD. These currency conversion costs are imposed by your financial institution and not controlled by us.
11.When you want to view purchased content you will need to access your account. Purchased content sits in your account and most of it is viewed online.

Fair Use

12.You may be able to download some types of content to your computer but all content is subject to a ‘fair use’ policy. Our ‘fair use’ policy requires that your use of the site, especially content accessed by subscription, must be fair, genuine and reasonable. For example, the total amount of content you download must be reasonable in light of your actual education and learning needs, and the time needed to genuinely engage with that content. We will use our reasonable discretion to decide whether you have met our ‘fair use’ policy.

Your Tuts+ Account

This section will help you understand how you’re responsible for access to your account and what you can expect from us.
13.You must not share your account username and password with anyone else or allow anyone else to access your account and purchased content. You are responsible for every use of the sites and purchased content that occurs in conjunction with use of your username and password.
14.You are responsible for keeping your username and password confidential and must use reasonable efforts to do so. You must notify us as soon as possible if you become aware of any unauthorised use of your username, password, account or purchased content.
15.We’ll try to provide you with long-term access to your purchased content that will usually be available for at least 3 years (except eBooks which we suggest you download immediately). However, if you’ve taken out a subscription to content, you’ll only have access to the content as long as your subscription is current. In any case, we can remove purchased content at our discretion, for example if it becomes out of date or obsolete, or if we need to for legal or business reasons. We will take reasonable steps to tell you if we are removing any purchased content (other than eBooks), but this might not always be possible depending on the reason for or urgency of the removal.
16.Please contact us if you ever have a problem accessing your account or any of your purchased content.

Restricting Access

This section will help you understand when we might restrict your access.
17.We may restrict, suspend or terminate your access to your account at any time at our discretion if we decide you’ve breached these terms or any law that applies. We’ll be reasonable in exercising our discretion and making such a decision.
18.Your access to purchased content will be suspended or terminated if payment is reversed by the payment agent (which is out of our control) or if a refund is granted. If there’s a reversal or a refund on a subscription that entitled you to credit on another Envato service, that credit (or transactions made with that credit) will be reversed.

Refunds

This section will help you understand how we process requests for a refund.
19.It’s hard to think of when you might need a refund given that once you’ve seen purchased content you can’t ‘un-see’ it and we give you information about purchased content before you buy it. We do not generally offer refunds unless required under Australian consumer law or other relevant consumer protection laws. If you think you’ve got a genuine claim please let us know your reasons. We will assess your request on its merits, with regard to the digital nature of the content and previews available before purchase.
20.There is no obligation to provide a refund in situations like the following:
a.you have changed your mind;
b.you bought purchased content by mistake;
c.you do not have sufficient expertise to use the purchased content;
or
d.you ask for goodwill.
21.Refunds will be paid using the same manner of purchase. When a refund is granted your license for the purchased content is cancelled and we will remove from your account the purchased content that was refunded.

Ownership and Use

22.We, or our instructors, own or have licensed the rights in the content. We also own the rights in the design, compilation and look and feel of the sites. This includes intellectual property rights like copyright.

What you can’t do with content

23.Our business, and that of our instructors, is based on intellectual property (IP) including copyright. We need to protect our IP so we can keep giving you access to awesome content.
24.You agree that you won’t redistribute, frame, repurpose or copy content (unless specifically allowed in these terms), and you won’t use content for any purpose that we have not expressly stated. If you love our content, please send others to the sites rather than send the content to them!
25.The trademarks and logos on the sites belong to Envato or to others, and you must not use these without the approval of the owner.

Source Code

26.Please check the source code for licensing information before using the code. Sometimes source code won’t be open source licensed, or you won’t be permitted to exploit or redistribute the source code under the specific license terms. This is especially the case for commercial use of source code—check whether it’s permitted under the source code license.

Your Content

27.Effects and Techniques: As we’ve said in section 6, you may use the effects and techniques demonstrated in the content, and the knowledge you learn, for personal or commercial purposes. You own the rights in the things you create when you apply your knowledge independently of using assets like source files.
28.Forum and Community Rules: We’d like you to participate in the Tuts+ dialogue. We’re a community! Often you’ll have the opportunity to comment or post on our sites. You retain ownership of any intellectual property in your content but by posting it on our sites you’re giving us permission (a license) to use it on our sites. This permission includes allowing us to publish it (or not), to feature it, to move it to a more appropriate forum, and to store or delete it.
29.Our Tuts+ community is made of great people who know what is and is not acceptable online. We do have a liberal comments policy and welcome constructive criticism so that we can keep improving.
30.But just to keep it clear, you agree to follow any forum or community rules on the sites, and that you won’t post anything that:
a.affects other users’ use or enjoyment of the sites;
b.is false, misleading, fraudulent, unlawful, abusive, harassing, defamatory, obscene, vulgar, or offensive;
c.infringes others’ rights, including privacy or intellectual property rights;
d.discloses personal information about others, particularly sensitive information;
e.contains a virus, spyware, or other harmful component;
f.contains commercial solicitation or ‘spam’.
31.We retain the right to take down any user content for any reason at all. We may give notice beforehand or provide a reason but we’re not obliged to do so and this may not always be possible. We’re not liable for any content posted by others on our sites.

Privacy

This section will help you understand our rules to guard your personal information.
32.Our information collection and use of any personal information about you is set out in our Privacy Policy. We can only use personal information that you disclose in relation to your use of the sites for certain purposes explained in our Privacy Policy.
33.We won’t sell your details to marketing companies and we won’t pass on your details to others except to satisfy a law, regulation or government request.
34.Bear in mind that any information that you post on our sites will become public information and can be collected and used by other parties (we don’t have control over that).

Intellectual Property Concerns

36.We respect the IP rights of others, including those who have been nice enough to let us use any of their material or assets on our sites. Please contact us if you believe that your intellectual property or other rights are being affected by anything on the site.
37.If you are specifically making a copyright-based claim about content, please send the following information to copyright@envato.com:
a.your address, telephone number, and email address;
b.a description of the location of the alleged infringing material;
c.a description of the copyright work that has been allegedly infringed;
d.a statement by you that you warrant that the information given in your claim is accurate and that you are either the copyright owner or are authorised to act on the copyright owner’s behalf; and
e.your physical or valid electronic signature.

Things You Can’t Do on Our Sites

35.In using the sites you agree that you will not:
a.use a false email address, impersonate others, or misrepresent your affiliation with others;
b.attempt to gain unauthorized access to computer systems or materials through Tuts+;
c.engage in automatic gathering of information from or through Tuts+ (such as “spidering”, “screen scraping”, “database scraping” or harvesting of e-mail addresses);
d.attempt to interrupt or alter Tuts+’ operation in any way (for example through sending mass unsolicited messages, “flooding” servers, or introducing a virus, time bomb, trojan horse, worm, cancelbot or other computer routine);
e.use Tuts+ or any of the content in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, offensive, misleading, or defamatory;
f.use scripts to automatically mass download content;
g.insert advertising, branding or other promotional content into the site or content;
h.except as allowed in these terms, copy, distribute, transmit, modify or otherwise exploit content, data or code on the sites.

Legal Housekeeping

Liability and Disclaimer:

38.There may be consumer laws where you live. We don’t purport to exclude or modify them if they apply. We call these non-excludable consumer laws.
39.Except as required by a non-excludable consumer law:
a.we are only bound by the express promises we make in these terms. We’re not bound by implied terms;
b.we don't promise that the content or your access to the sites will be uninterrupted or error-free, that any defects will be corrected, or that the site or content are free of viruses or any other harmful components;
c.we don’t make any promises about (and we’re not liable for) your access to or reliance on the sites or content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise;
d.we’re not liable for indirect, incidental, special or consequential damages, loss or revenue or loss of profits which result from any use of or access to, or any inability to use or access, the sites or content; and
e.to the fullest extent permitted by law, our liability for breach of any warranty or condition which cannot be excluded is limited, at our option, to either replacement or paying the cost of replacement.
40.Access and Availability: We’ll try to make sure that you have 24/7 access and we’ll try to keep any downtime to a minimum. We may need to interrupt or suspend your access to the site or the provision of the site’s services and content, for maintenance, technical or other reasons but we’ll try to be quick.
41.Taxes, Fees and Charges: You are responsible for paying all fees and taxes associated with your use of the sites wherever levied (including withholding tax, if applicable).
42.Changes to Terms: We can change terms at any time but we’ll do our best to post information about this on the sites. If you continue to use the sites after the terms change, you will be accepting the new or revised terms.
43.Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion (unless these terms say otherwise).
44.Applicable Laws: We control and operate the site from our offices in Australia. The laws of Victoria, Australia govern these terms— you and Envato submit to the jurisdiction of the courts there.
45.Definitions:

account - your account is your personal portal that is accessed with a username and password and gives you access to purchased content.

content - all types of content available on the site including things like tutorials, courses, descriptions, eBooks, user forum content, assets or materials owned by others.

Envato, we or us - Envato Pty Ltd ABN 11 119 159 741, of Melbourne, Australia.

payment agent - the financial institution or payment gateway you can use to pay for purchased content.

personal us - your own self-education and personal purposes excluding any group access.

purchased content - content that we have made available for you to buy on our site or that you have paid us for.

terms - the legally binding contract you enter with us which includes these terms and conditions, the Privacy Policy and other policies, instructions and rules made available on our site.

Tuts+ sites, Tuts+, or sites - the sites, apps and other services in our Tuts+ branded network. You’ll know from the Tuts+ name that a site, app or service is in our network and covered by these terms (unless we make clear on a site that other terms apply).

You or your means any users of the site (including those browsing or accessing an account and purchased content).

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