Performance License applying to all products purchased from the online shop (https://philbearman.co.uk/shop)
When you purchase a product from my website, you are purchasing a “performance licence” to use the video content (“digital media content), which has the following terms:
The copyright proprietor has licensed the digital media files for use by a single user in live events and theatre or concert productions.
The licence permits the licensee to make copies of the digital media files for their own use.
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.
For clarification, if you use the video content at a live event, and footage of this event is broadcast where the video content is visible in the background this would not be considered a breach of the licence.
If the performance licence does not cover your requirements, you can purchase royalty-free licences for some of the video content from https://vjloops.com, who are an authorised licensing agent.
If you are in any doubt about whether the performance licence covers your usage, please contact me to confirm before purchase.
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.
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.
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.
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.
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.
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.
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.
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.
PBCMS reserves the right to amend this agreement at any time.
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.