GetMyGraphics - Services/Products

GetMyGraphics Subscription Users

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Important: If you do not follow these terms then eLearning Brothers LLC can cancel your subscription at any time and no refund will be given.

You should only download templates as you need them and are using them in a project. “Stockpiling” templates is not allowed. If, upon our review and sole discretion, your account is determined to be “stockpiling” then we will cancel it.

Also, if you purchased a 1-user license, then only one designer is allowed to access and download templates. Also, only 1 designer is allowed to use the templates to create content. If you want other designers/developers to have access then they should obtain licenses as well.

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Overview

By using our product and subscribing to our Libraries, you agree to the following terms:

This site, GetMyGraphics.com, (hereafter referred to as GetMyGraphics.com, site, Service, Library, or Website) is owned and operated by eLearning Brothers LLC (hereinafter referred to as eLearning Brothers, eLearning Brothers LLC, we, or Company). Please carefully read, review and be sure you understand our Terms of Use prior to downloading or using any of the materials or Products from GetMyGraphics.com. You should carefully read all of our terms and conditions as your purchase or use of any GetMyGraphics.com Product(s), membership, or services and use of this Website and any materials or Products available herein identifies that you agree to the following Terms of Use and that you agree to be bound by these terms and conditions accordingly. If you do not agree to these terms then you should leave this Website immediately, not use any of the materials or Products available herein, and/or not subscribe to this service.

Also, review our Pricing FAQ page.

When you subscribe to our templates library we hereby grant to you a non-exclusive limited, non-transferable license to use the templates/images that you download for the following permitted uses: Advertising, training, and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards.

Prohibited uses include, but are not limited to, the following: Design template applications intended for resale, whether on-line or not, including, without limitation, website templates, eLearning templates, flash templates, business card templates, electronic greeting card templates, and brochure design templates. You may not offer these templates for a price or for free on a website, blog, or social network.

You may only use these downloaded assets while operating under a current subscription to the library. Once your subscription has expired and/or is canceled you must immediately delete any downloaded assets that are not currently embedded in existing content. You do NOT need to remove assets from content that is currently part of a course/content. You may continue to edit and maintain templates that are currently in existing content.

Any new features, enhancements, tools or resources that augment the current Library, shall be subject to the Terms of Use. Continued use of the Library after any such change shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your account.

Use of Library by You

You must provide your legal full name, a valid email address, and any other information required by eLearning Brothers LLC in order to complete the signup process.
You must be at least 17 years of age to use this Service.
Accounts registered by “bots” or other automated methods are not permitted.
Though highly unlikely, eLearning Brothers LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Library or any part thereof, with a 30-day notice. You agree that eLearning Brothers LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Library. Any unexpended or unearned subscription fees paid by the customer at the time of cancellation shall be refunded immediately upon termination or discontinuance.
Technical support is provided at no charge to paying accounts. It may not be provided to accounts in the free trial stage, at eLearning Brothers LLC’s discretion.
You may not sub-license, assign, or transfer this license to anyone else without prior written consent from eLearning Brothers LLC.

Payment, Upgrading, Downgrading Terms

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
For any upgrade or downgrade in plan level, the credit card that you provided will be automatically charged the new rate on your next billing cycle. You will be asked to verify this charge before hand.
Downgrading your Service may cause the loss of content, features, or capacity of your Account. eLearning Brothers LLC does not accept any liability for such loss.
You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

Renewals

Monthly and annual renewals will automatically be billed to the credit card on file. If you desire to terminate your service, then you must send an email to support@elearningbrothers.com. (Refer to the section, “Cancellation and Termination” for more information). If the credit card on file is no longer valid eLearning Brothers LLC will attempt to contact the contact person on the user account. If the service is not paid for within 5 business days of the renewal date the service/account will be suspended until payment is made.

Cancellation and Termination

You are solely responsible for properly canceling your account. To cancel your account, send an email to support@elearningbrothers.com. You agree that eLearning Brothers LLC has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service, or to provide any particular type or amount or quality of storage. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Upon your cancellation, no credits are given for unused days in a monthly plan or months unused in an annual plan.

eLearning Brothers LLC, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other eLearning Brothers LLC service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. In the event of Service termination or cancellation, provisions of these Terms of Service related to the following shall survive: Indemnity, Privacy, Proprietary Rights, Appropriate Content, Exclusion of Warranties and Limitation of Liability. For the protection and safety of all of our customers, eLearning Brothers LLC reserves the right to refuse service to anyone for any reason at any time, with or without notice.

Login and Users

If you purchase a “single designer” license your login may only be used by one person – a single login shared by multiple people is not permitted. Each person that is downloading and/or building content using the assets should have a unique user account.

Terms of Account Security and Legal Activities

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
You are responsible for maintaining the security of your account and password. eLearning Brothers LLC cannot and will not be liable for any loss or damage from your failure to provide eLearning Brothers LLC with accurate information or to comply with security obligations.
You agree to immediately notify eLearning Brothers LLC of any unauthorized use of your password or account, or any other breach of security.
You are responsible for your own conduct. You are also responsible for all content posted and activity that occurs under your account, even when content is posted by others who have accounts under your account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws, trademark laws, patent laws, other intellectual property or industrial property laws, privacy laws, data export laws, and laws regarding libel and defamation).
You agree not to engage in any activity that interferes with or disrupts the Service, or the servers and networks connected with the Service.
You agree not to reproduce, duplicate, copy, sale, trade, resale, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service without the express prior written permission of eLearning Brothers LLC.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, eLearning Brothers LLC, or any other eLearning Brothers LLC service. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage/ downloads significantly exceeds the average bandwidth usage (as determined solely by eLearning Brothers LLC) of other eLearning Brothers LLC customers on your same account level, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any eLearning Brothers LLC customer, employee, member, or officer will result in immediate account termination.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, eLearning Brothers LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. eLearning Brothers LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. eLearning Brothers LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability

Under no circumstances shall eLearning Brothers LLC be liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if eLearning Brothers LLC or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair, or correction of equipment or data, you assume any costs thereof.

You understand that eLearning Brothers LLC uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service. eLearning Brothers LLC does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected.

Indemnification

You agree to indemnify, defend, and hold harmless eLearning Brothers LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Changes to Service and Pricing

Although eLearning Brothers LLC endeavors to maintain its prices indefinitely once a subscriber becomes a paying customer, eLearning Brothers LLC reserves the right at any time, and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Notwithstanding the foregoing, eLearning Brothers LLC will endeavor to provide the customer with a 30-day notice of any changes and the customer shall have the right to cancel the Service and receive a full refund of any unexpended subscription fees. Prices of all Services, including but not limited to subscription plan fees to the Service, are subject to change upon a 30-day notice from us. Such notice may be provided at any time by posting the changes to the GetMyGraphics Site (http://www.getmygraphics.com) or the Service itself. eLearning Brothers LLC shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. When a price change is made by eLearning Brothers LLC, you can continue using the service through the end of your paid subscription period without paying any additional fees. Once your paid subscription period has passed, you will be charged the new price for the next period.

Proprietary Rights

We claim no intellectual property rights over the material you create through the Service. Your profile and materials created remain yours. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through the Service and you are responsible for protecting those rights, as appropriate. Subject to the Terms of Service, eLearning Brothers LLC grants you a personal, non-transferable and non-exclusive right and license to use the assets in the Library; provided that you do not (and do not allow any third party to) create template assets that you sell and/or distribute for free. (Basically you cannot start selling templates that you create with assets from our Library.)

You agree not to access the Library by any means other than through the interface that is provided by eLearning Brothers LLC for use in accessing the Service. It is eLearning Brothers LLC policy to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act or other applicable law. To learn more or to submit a notice, please contact eLearning Brothers LLC on the website www.eLearningBrothers.com.

General Conditions

Entire Agreement. The Terms of Service (including any policies, guidelines or amendments that may be presented to your form time to time) constitute the entire agreement between you and eLearning Brothers LLC and govern your use of the Service, superseding any prior agreements between you and eLearning Brothers LLC for the use of the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, third-party content or third-party software.

Choice of Law and Forum. The Terms of Service and the relationship between you and eLearning Brothers LLC shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. You and eLearning Brothers LLC agree to submit to the personal and exclusive jurisdiction of the courts located within or nearest to Utah County, Utah.

Waiver and Severability of Terms. The failure of eLearning Brothers LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to the Terms of Service.

Notices. You agree that eLearning Brothers LLC may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on the Service. Your notices to eLearning Brothers LLC must be sent by an email, which is acknowledged by a reply from eLearning Brothers LLC, or by a courier service which provides delivery confirmation.

Assignment. eLearning Brothers LLC may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. Instead, you may cancel your access to the Service. The other party may then establish a Service account and enter into a contract with eLearning Brothers LLC.

Miscellaneous. The section headings in the Terms of Service are for convenience only and have no legal or contractual effect. Questions about the Terms of Service should be sent to Andrew at eLearning Brothers dot com.

If you have licensing questions please contact us.

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Terms of Use (Website visitors, Freebie Template Customers)

Note: If you are a subscriber then please refer to the Terms at the top of this page.

"Free" Template Customers
When you download our free templates library, we hereby grant to you a non-exclusive limited, non-transferable license to use the templates/images that you download for the following permitted uses: Advertising, training, and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards, and promotional postcards.

Prohibited uses include the following: Design template applications intended for resale, whether on-line or not, including, without limitation, website templates, eLearning templates, flash templates, business card templates, electronic greeting card templates, and brochure design templates. You may not offer these templates for a price or for free on a website, blog, or social network.

Copyright: All material on this site is owned by eLearning Brothers LLC. ALL RIGHTS RESERVED. The entire content included in this site, including but not limited to text, graphics, templates, and/or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of eLearning Brothers LLC.

Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by eLearning Brothers LLC. You further agree not to change or delete any copyright notices from materials purchased from the site.

Typographical Errors

In the event that an eLearning Brothers LLC product is mistakenly listed at an incorrect price, eLearning Brothers LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. We, Learning Brothers LLC, reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, eLearning Brothers LLC shall issue a credit to your credit card account in the amount of the incorrect price.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Utah, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of eLearning Brothers LLC products) shall be in the state or federal courts located in Utah County, Utah. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.getmygraphics.com products) must be commenced within one (1) year after the claim or cause of action arises. eLearning Brothers LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. eLearning Brothers LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an eLearning Brothers LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

eLearning Brothers LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, eLearning Brothers LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, eLearning Brothers LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to eLearning Brothers LLC in its sole discretion.

Third-Party Links

In an attempt to provide increased value to our visitors, eLearning Brothers LLC may link to sites operated by third parties. However, even if the third party is affiliated with eLearning Brothers LLC, eLearning Brothers LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of eLearning Brothers LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, eLearning Brothers LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

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Privacy Policy

The following discloses the information gathering and dissemination practices for our Web site: ‘GetMyGraphics.com’ (the "Web site").

‘eLearning Brothers LLC’ gathers visitor information in the following two ways:

Information provided voluntarily in order to request our electronic newsletters and class schedules, register for courses, etc.; and
Information gathered through aggregated tracking information derived mainly by tallying page views and similar visitor activity thereby allowing us to better tailor our content to visitors’ needs.

Optional Voluntary Information

Electronic Newsletters (Dispatches)
‘eLearning Brothers LLC’ distributes electronic newsletters and class announcements. In so doing we gather the e-mail addresses of the visitors who want to be included on our distribution. Subscribers to these emails may remove themselves from this mailing list by unsubscribing on each email’s subscription management page.

Registration and Information Request Forms

‘eLearning Brothers LLC’ offers online registration for events and courses which ask the Web site visitor to voluntarily provide personal information. The Web site's registration forms may ask Web site visitors for contact information (like their name and email address), and/or financial information. We may also ask the Web Site visitor to voluntarily provide personal information such as names and addresses.

Sharing of Voluntary Information
‘eLearning Brothers LLC’ does not voluntarily sell or disclose personal information gathered through the Web site without permission.

Opting Out

To opt out from any future mailings, please call or email the contact posted on our contact page.

Public Forums

The Web site may make forums, message boards, and/or news groups available to its visitors. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

Links
The Web site contains links to other sites. ‘eLearning Brothers LLC’ is not responsible for the privacy practices or the contents of such other web sites. Use these linking features at your own discretion.

Children
Consistent with the Children’s Online Privacy Protection Action of 1998, the ‘eLearning Brothers LLC’ will not knowingly request personally identifiable information from anyone under the age of thirteen without first requesting parental consent.

Security
‘eLearning Brothers LLC’ operates secure data networks protected by industry standard firewall and password protection systems [specificallySecure Socket Layer (SSL), other server authentication or data encryption products]. Although our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals are given access to the information provided by our visitors, perfect security does not exist on the Internet. We cannot guarantee that any visitor information will remain secure and therefor you should use extreme caution when revealing information on the Web site.

Your Consent
By using this site, each Web site visitor hereby consents to the collection and use of information as disclosed herein by the ‘eLearning Brothers LLC’.

Privacy Policy Updates
This privacy statement will be continuously assessed with respect to new technologies, business practices and our visitors’ changing needs. ‘eLearning Brothers LLC’ may change its privacy practices from time to time. If we make any changes, we will update this privacy statement accordingly (the date of the most recent change is displayed at the bottom of this statement).

Contacting the Web Site
If you have any questions about this privacy statement, the practices of the Web site, or your dealings with the Web site, you can use the contact information posted on our contact page to contact us.

Stock Library Subscription Users

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Stock Image Subscribers will be held to the same terms of use as the eLearning Templates Subscription Users above. Additionally, Stock images can only be used in eLearning, Training and Development, Classroom Training, Instructor Lead Training, Web Based Training, Online Learning, Mobile Learning, Course Development, Webinars, Webcasts, Self Paced Learning, Live Online Learning, Pre-Recorded Classrooms, Educational Lectures, Instructional Design, K-12 and Higher Education, Educational Promotion, Learning Management Systems, Corporate Universities, and other training courses and nothing else.” Licensee’s users shall not print, sell or use the image for any marketing, advertising, logo, social media or any website purposes.

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Icon Library Subscribers

Users subscribed to the eLearning Brothers Icon Library are subject to follow and legally bound to the Terms and Conditions associated with Icons8.com. View Terms »

If you have questions please contact us.

Thank you.