Legal Stuff

Terms of Use

This web page represents a legal document that serves as our Terms of Use and it governs the legal terms of our website, http://www.visual-e-learning.com, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by Visual-e-Learning LLC.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. This Terms of Use, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively “Legal Terms”, constitute the entire and only agreement between you and Visual-e-Learning LLC, and supersede all other agreements, representations, warranties and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By using our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website. If you have already accessed our Website and do not accept our Legal Terms, you should immediately discontinue use of our Website.

The last update to our Terms of Use was posted on 16 August 2013.

Definitions
The terms “us” or “we” or “our” refers to Visual-e-Learning LLC, the owner of the Website.

A “Visitor” is someone who merely browses our Website, but has not registered as Member.

A “Member” is an individual that has registered with us to use our Service.

Our “Service” represents the collective functionality and features as offered through our Website to our Members.

A “User” is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content”.

Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Visual-e-Learning LLC reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Intellectual Property
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.

Links to Other Websites
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Visual-e-Learning LLC has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

General Terms
Our Legal Terms shall be treated as though it were executed and performed in Arizona, United States and shall be governed by and construed in accordance with the laws of Arizona, United States without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Visual-e-Learning LLC under our Legal Terms shall survive the termination of our Legal Terms.

License, Copyright and Trademarks.

Everything located on or in this Site, was created by Visual-e-Learning.com or used with express permission of the copyright and/or trademark owner.

All our resources* are royalty free for use in both personal and commercial projects.

You can modify any resources to your liking to fit into your project, we are however not legally liable for any misuse of our resources.

We do not ask for you to include any attribution or link back to Visual-e-Learning.com, we do however appreciate if you do credit our resources or/and help spread the word about us.

You cannot however redistribute, resell, lease, license, sub-license or offer our resources to any third party. This includes uploading our resources to another websites or media-sharing tool, and offering our resources as a separate attachment from any of your work. If you do plan to include one of our free resources on an item or template that will be sold on a website or marketplace, we ask of you to contact us to determine the proper use of our resource before doing so.

Paid for files downloaded with a can be used in an item or website template sold through a marketplace or directly on a website with no attribution required. You cannot however resell or redistribute those Paid for files as is. Please contact us before using those files in this way to ensure that you abide by our license.

If you would like to share one of our free resources you can do so by making a link to the specific resource page on Visual-e-Learning.com or/and use our preview images. No HOTLINKING is allowed i.e. you cannot make a direct link to the download or/and the images hosted on Visual-e-Learning.com.

Concerning blog posts, you are free to link to it from any website, but you cannot however publish it as it is without prior consent from Visual-e-Learning.com.

* any files downloaded from the site Visual-e-Learning.com

Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.

Visual-e-Learning.com does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material such as a blog post, End User warrants that the owner of such material has expressly granted Visual-e-Learning.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide. End User also permits any other end user to access, view, store or reproduce the material for that end user’s personal use. End User hereby grants Visual-e-Learning.com the right to edit, copy, publish and distribute any material made available on this Site by End User.

Disclaimer of Warranty; Limitation of Liability.

VISUAL-E-LEARNING LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY OF COMPUTER PROGRAMS, AND FITNESS FOR A PARTICULAR PURPOSE. VISUAL-E-LEARNING LLC DOES NOT WARRANT OR GUARANTEE OUR RESOURCES IN ANY MANNER.

NOTHING IN THIS SECTION SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY WARRANTY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW.

END USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT END USER’S SOLE RISK. NEITHER VISUAL-E-LEARNING.COM, OR THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR RESOURCES PROVIDED THROUGH THIS SITE.

THIS SITE ARE MADE ACCESSIBLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF BRAND ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT VISUAL-E-LEARNING.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.

IN NO EVENT SHALL VISUAL-E-LEARNING.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER VISUAL-E-LEARNING.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION AND DOWNLOADS CONTAINED WITHIN THIS SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

VISUAL-E-LEARNING.COM IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY VISUAL-E-LEARNING.COM. MOREOVER, VISUAL-E-LEARNING.COM RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, VISUAL-E-LEARNING.COM, DEEMS UNSUITABLE.

Privacy.

End User acknowledges that all discussion for votes, ratings, comments and/or other message or communication facilities (collectively “Communities”) are public and not private communications, and that, therefore, others may read End User’s communications without End User’s knowledge. Visual-e-Learning.com does not control or endorse the content, messages or information found in any Community, and, therefore, Visual-e-Learning.com specifically disclaims any liability concerning the Communities and any actions resulting from End Users participation in any Community, including any objectionable content. Generally, any communication which End User posts to Visual-e-Learning.com is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by Visual-e-Learning.com as confidential, that fact will be stated on those pages. By posting comments, design requests, messages or other information on the Site, End User grants Visual-e-Learning.com the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see Visual-e-Learning.com’s Privacy Statement

We protect your privacy and will not share your personal information with anyone other than those listed in our privacy statement.

By creating an account on Visual-e-Learning.com or/and subscribing to the Newsletter, you gives us permission to send you emails. You will receive information regarding your account activity and updates about our resources. You can unsubscribe anytime by clicking on the “unsubscribe” link on our emails.

Refund and cancelation policy.

Since Visual-e-Learning.com is offering non-tangible goods we do not issue refunds after the purchase is made, which you are responsible for understanding upon registering at our site.

License Grant.

By posting communications on or through this Site, End User shall be deemed to have granted to Visual-e-Learning.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

Assignability.

Our products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall Pixeden be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.

Miscellaneous.

This Agreement and any operating rules for Visual-e-Learning.com established by Visual-e-Learning.com constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

Visual-e-Learning LLC 2001 E Appaloosa Rd Gilbert, AZ 85296 United States