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'.

PBCMS are suppliers of Professional Audio-Visual Products. These products are designed to be used by "Professionals" or for "Professional Use", they are not supplied for Domestic use or purpose. A "Professional" is a user who intends to use the goods as tools for his trade of financial reward or resale.

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 Intended 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.

Additional Custom Made Theme Loop Conditions

Exclusivity
Theme Loops made to order will remain exclusive to the commissioner until the clip has been used for the first time. From the day after the first use, the loop will be added to the PBCMS library, and will be available for all customers to purchase at whatever price PBCMS deem suitable.

Additional Nighclub & Bar Promotional DVD Conditions

Due to the fixed price structure of the Nightclub & Bar DVDs, the following terms apply:

Each advert is allocated 20 minutes design time. For this reason, adverts containing a lot of information will generally be of a lower standard in order to work within the timescale. If it is felt that there simply isn't enough time to complete the advert to a satisfactory standard within 20 minutes, it will be recommended that the cost of that advert is increased to allow more time and therefore a higher standard of design.

The simple pricing structure also does not allow for the usual design process where the client is sent a proof for approval and allowed to make alterations. You should satisfy yourself with the overall standard of my work by viewing a demo before placing your first order, as alterations cannot be made without charge. Any specific design requirements such as colour schemes etc. should be made at the time of order.

Alterations will only be made if the information displayed differs from what was originally specified, or if there are typographical errors such as spelling mistakes therefore making the adverts un-useable. To avoid errors it is recommended that you send a written copy of the information for inclusion by email, fax, or post rather than reading it over the telephone.

Website Terms & Conditions

Copyright
All content featured within this site remains the property of Phil Bearman - Creative Media Solutions, and may not be reproduced in any format or media without the written consent of PBCMS. This includes the PBCMS device.