Terms and conditions

Purchase License applying to all bespoke work

BY USING ANY ‘PHIL BEARMAN CREATIVE MEDIA SOLUTIONS’ PRODUCT (“Digital Media Files”), WHETHER VIA DOWNLOAD, ON CD ROM, DVD OR OTHER MEDIA, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.

Definitions
The Digital Media Files are any images, animations, films, videos or other audio/visual representations recorded in any format that are controlled by or obtained, directly or indirectly, from ‘Phil Bearman Creative Media Solutions’.

Grant Of License
By virtue of purchasing the Digital Media Files, you are granted a non-exclusive, non-transferable license to use and modify the Digital Media Files subject to the following terms and conditions:

Single Use License
The Digital Media Files may only be modified or used in unmodified form, on one computer at any one time. You may not rent, lease, lend, sell or sublicense the Digital Media Files to another person, company, organisation or other entity. Anything you produce using the Digital Media Files must be for your own use, or for the use of your employer, client or customer, who must be the end-user of your work. Please contact PBCMS for a multi-user license if you need to use the Digital Media Files over a network for multiple users.

Non-Retail Uses
The Digital Media Files may be incorporated into a derivative work such as a live performance, film, video, broadcast, multimedia, advertisement, internet, presentation, or print project, but the Digital Media Files and any derivative work thereof may not be used, sold, licensed, reproduced, distributed or displayed as stand-alone backgrounds, stock or effects imagery elements, made available as downloadable files or included in any other clip media/stock product, library, collection, or set of clips for distribution or resale. These terms apply even if the Digital Media Files have been significantly altered.

Retail Products
Copies of works (DVDs, Home Videos, Music Videos, Training Videos, etc.) incorporating the Digital Media Files may be reproduced, sold and distributed with the following limitations: The Digital Media Files may not comprise more than 15% (by length or number) of the total imagery used in the finished work, nor may the primary value of the product come from the Digital Media Files. Additionally, you agree to take all steps necessary to prevent any third party from duplicating or distributing any of the Digital Media Files included in the finished work. Please note that special licensing to obtain additional rights is available by contacting PBCMS. In addition, PBCMS Kindly requests a credit line that reads “Phil Bearman – Creative Media Solutions”

Suitability for use
DVDs or video files should be played in their entirety prior to their use in front of an audience in order to ensure that the content is fit for purpose and that the media is free from defects. PBCMS accept no liability for losses incurred as a result of the use of their products.

Marketing and Promotion
Unless PBCMS receives written notification from you to the contrary, you hereby grant PBCMS the right to display any derivative works within your possession or control that incorporate one or more of the Digital Media Files at tradeshows, in printed literature, and/or via electronic distribution for PBCMS marketing, educational, and promotional purposes as examples of customer usage. At your request, PBCMS will identify you as the originator of such derivative work.

You grant PBCMS the right to display any bespoke works produced by PBCMS for PBCMS marketing, educational and promotional purposes as examples of work produced unless agreed in writing prior to works being produced.

Special Limitations
The Digital Media Files may not under any circumstances be used in or in conjunction with pornographic, defamatory, obscene, fraudulent, libellous, infringing, immoral, or illegal material.

Copyright
All Digital Media Files are copyright of PBCMS or its licensors and are protected by English copyright laws, international treaty provisions and other applicable laws. No title or intellectual property rights, in the Digital Media Files, are transferred to you. PBCMS retains all rights not expressly granted by this license Agreement.

Liability
PBCMS will not be liable to you for any special, indirect, consequential, punitive, or incidental damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the Digital Media Files. LICENSOR’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE no more than the amount paid for the particular Digital Media Files.

Where self adhesive labels are used on DVD or CD Media, excessive heat, heavy usage and rough handling can lead to labels becoming detatched. The user should therefore check that the label is fully attached to the disc before inserting it into a CD or DVD player. If the label has become unstuck, it can either be reattached by pressing it against the disc. If you are not satisfied that it is soundly reattached, do not insert the disc in a player – please contact PBCMS to arrange a replacement copy.

Breach of Agreement
You agree to indemnify and hold PBCMS harmless from and against any damages or liability of any kind arising from your use of the Digital Media Files in any form, any breach of the terms and conditions of this agreement, or your negligent act, omission or wilful misconduct. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. All license rights granted pursuant to this Agreement shall automatically terminate upon your breach of this Agreement.

Warranty
PBCMS warrants The Digital Media Files to be free from defects in material and workmanship for 90 days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of The Digital Media Files, applicable media or a refund of the purchase price, at the option of PBCMS.

PBCMS MAKES NO OTHER WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE DIGITAL MEDIA FILES AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED.

Amendments
PBCMS reserves the right to amend this agreement at any time.

Enforceability
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

This Agreement will be governed by the laws of England.

Purchase License applying to products purchased from the online shop (http://www.philbearman.co.uk/shop)

DVD products purchased from the online shop will be subject to the terms and conditions printed on the back of the DVD case. (These can be supplied prior to purchase on request).

Downloaded products (digital media files) will be subject to the following license:

The copyright proprietor has licensed the digital media files for use in live events and theatre or concert productions. Any unauthorised copying, editing, renting, exchanging, hiring, lending and broadcast of the digital media files or any part thereof is strictly prohibited and any such action establishes liability for a civil action and may give rise to criminal prosecution.  These digital media files are sold on the condition that they are not to be hired (for rental), distributed, re-supplied, or exported without a written license from Phil Bearman Creative Media Solutions.

Website

In viewing this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern PBCMS’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘PBCMS’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

Privacy Policy

This privacy policy sets out how PBCMS uses and protects any information that you give PBCMS when you use this website.

PBCMS is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

PBCMS may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 17th September 2001.
What we collect

We may collect the following information:

name
contact information including email address
demographic information such as postcode, preferences and interests
other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, or mail. We may use the information to customise the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to us at the address provided on the contact page.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect.

Website Disclaimer

The information contained in this website is for general information purposes only. The information is provided by PBCMS and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of PBCMS. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, PBCMS takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Copyright Notice

This website and its content is copyright of Phil Bearman Creative Media Solutions – © 2004-2017 Phil Bearman Creative Media Solutions.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

you may print or download to a local hard disk extracts for your personal and non-commercial use only
you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

In the event of a dispute over the products or services provided, if you aren’t happy with the resolution reached you can use the EU Online Dispute Resolution Service to assist with reaching an agreement: http://ec.europa.eu/consumers/odr/