Terms And Conditions

UPDATED TERMS & CONDITIONS
August 2010

Thank you for visiting Baz Designs the vendor t/a PSP TUBEZ DOT COM a.k.a. Barry's Place - CK 2006/099987/23 We are honoured that you have shown an interest in our website and its content, and thank you for reading our terms of use and licence agreement. If my terms do not suite your needs, please do not purchase from my site. If you do purchase, I totally appreciate your business - thank you!

Baz Designs also known as PSP TUBEZ or Barry's Place
Business Registration Number - CK 2006/099987/23

Baz Designs retains ownership of all content, GRAHICS, DESIGNS, TILES, PUZZLES, PAPERS, SEAMLESS TILES, PNG'S, PSP TUBES, PHOTOS, SWIRLS, BRUSHES or whatever content you purchased and download from any of my stores restrict you to certain terms and conditions. Please note: these new terms and conditions will override anything listed on individual web pages on my MEMBERSHIP store/site as they are now. PSPTubez.com, Baz Designs and Barry's Place are interchangeable and all refer to Barry Meyer as the owner of this site and the copyrighted images on it.

NEW TERMS AS OF - 29 AUGUST 2010

Definition of Derivative

“For the purpose of these terms of use, derivative refers to a graphic that has been substantially altered through the addition of other elements, artistic effects, backgrounds, elaborate borders, and/or cropping of the graphic, and then flattened so that the original graphic cannot be extracted. Applying a sticker border or color filter is not a substantial alteration.”

CU4CU

If you are selling my work commercially, a donation would be greatly appreciated but is not mandatory. You can choose to donate any amount you like and what you feel is a fair price in accordance with how many sales you get from your creations that you have made with my graphics. At this stage if you would like to make a donation, please email me the amount you would like to donate and I will send you an invoice from 2CheckOut. You can make the payment either via credit card or pay with your PayPal account on 2CheckOuts website. (2Checkout has an option where you can choose to pay using your PayPal account and not only a credit card).

OPTIONS

If you do not have the space or you prefer not to clutter your site with links or banners and are using my work commercially; you must please credit and link to my home page in your zipped downloads from now on. If you have already linked to me in any way, bless you and thank you! Whenever you feel you are able and would like to make a donation, I would appreciate it immensely. No commercial licence's are needed, donations are greatly appreciated though in order to keep this site prospering. Another option is to please tell your friends about Barry's Place and I humbly ask the member's in the United Kingdom and other countries to spread the word so I can broaden my client base and keep filling your hard drive with pretty pretties! :-)

THE MAYS

	You may only use my work in accordance with these Terms and Conditions.
	You may sell derivatives of my graphics and photographs as CU4CU
	From September 2010 you may sell only derivatives (be creative here) of my graphics on sites such as Zazzle, Cafe Press, or similar sites. A link back is appreciated somewhere on your store (if possible) or if do not want to clutter your site with links and banners or if you prefer, you can make a donation towards using my work commercially.
	You may sell on Crafts U Print, a link back is to be placed either on either somewhere on your store or in your zipped downloads crediting the original source of the graphics with the URL of my site. If you do not want to clutter your site with links and banners and you would like, you can make a donation towards using my work commercially.
	You may use my images for decoupage sheets please provide a link back and if you do not have a site, or do not want to clutter your site, place a link in your zipped downloads or you are welcome to make a donation.
	You may add my images to your own personal photographs that you sell. Please provide a link back to my site.
	You may colorize or change the colours of my images please do not claim them as your own and please provide a link back to my site, if you already have, thank you! You cannot take an image or sets of images/graphics off my site, change the colours and sell them off as your own graphics/creations.
	You may use up to 50% of my items in your designs, kits or printables. Papers made from tiles are part of the 50% rule. If you sell a paper pack, that means only half the papers can be made from my tiles.
	You may convert my graphics for digital embroidery to sell, you must please either place a link back to my site on yours or in your download package.
	You may use my seamless tiles as pattern fills for scripts without limitations. The tiles themselves cannot be resold as is.
	I generally give permission for my graphics to be used to promote charitable causes. For example, a picture of a dog might be used on a flyer or t-shirt to promote an SPCA fundraiser. All I ask is that you send me an e-mail and let me know how you will be using my graphics. Scrap kits, printables and finished items using derivatives of my graphics may be sold to benefit charitable causes provided they follow the same 50% rule as other kits or printables.
THE MAY NOTS
	You may NOT make up packages of my works and sell them "as is".
	You may NOT share or give away any graphics purchased from my site with any other person, or online groups / forums UNLESS it is something that you have made from my work and is flattened and you credit and link back to my site.
	You may not make brushes from my graphics, or derivatives of my graphics, to sell. You may make brushes for your own personal work, or to use in creating kits or printables, but they are part of the 50% rule.
	You may NOT make stickers from my clip art to sell. You may make stickers from derivatives of my work for scrap kits or printables, but they are part of the 50% rule.
	You may not sell my photographs or offer them in any collection for download. You may include them in your kits keeping within the 50% quota.
	You may not use my content on online greeting cards websites.

GENERAL

Please keep all my file names intact. If you use my items to create any FREE layouts/kits, you must credit me with and provide a link to my site/s and my designer name in your Read Me or credits. If you use my content in a Tutorial, please provide credit and a link back to my site. I reserve the right to change these T&C at any time so please visit my main website for the up to date terms which will always be the most recent. http://www.psptubez.com/terms_and_conditions.html

A Big No No

You may not sell my content or your creations made from my content to major chain stores, wholesalers, retailers, franchises, publishing houses, wrapping paper companies, greeting card companies, magazines, stock photo/clip art sites, newspapers, advertising agencies, television networks, broadcasting corporations, or be spread across bulletin boards, networks.

You may not mass produce my images or create mass produced commercial calendars or illustrate books, or be reproduced and redistributed or or given away freely on CD's, clip art collections for download , posted in image galleries, news groups, passed freely through emails, and may not be stored illegally on networks, the Internet or Intranet, or offered on file hosting companies like Rapidshare etc. My content may not be used in a manner that competes with Baz Designs, unless you have contacted me or is in breech of these terms and conditions. You cannot share my content with anyone - online or in person or redistribute my content for free (with or without financial gain), used in software or other reproducible media without my permission. You may not rent, lend or share my content.

Membership Prices & Special Offers

MEMBERSHIP PRICES, SPECIAL OFFERS AND MY TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME AT MY DISCRETION. IF YOU HAVE PURCHASED A MEMBERSHIP AND I DECIDE TO RUN A SPECIAL OFFER AFTER YOU HAVE MADE YOUR PURCHASE, I SADLY CANNOT OFFER YOU A REFUND. BUT I may ADD A FEW EXTRA MONTHS TO YOUR MEMBERSHIP JUST TO MAKE YOU FEEL BETTER AND NOT LEAVE YOU FEELING DISAPPOINTED! :-)

Refunds - Digital Downloadable Products

Customer satisfaction is very important to us. If you are not 100% satisfied with the items you purchased please apply for a refund. Due to the nature of the content i.e. digital media that cannot be returned you have ONE BUSINESS DAY to apply for a refund. Barry's Place is open 7 days a week, please contact me should you have any queries. Once refunded please delete any files that have been downloaded. Thank you.

A "Cancellation" occurs when the Customer or Supplier voids an order for a withdrawal of funds from a Customer's Card account or bank account before a sale is sent for deposit. Barry's Place will not collect a deposit from the Customer and the previously authorized funds will be released at the Card issuing bank's discretion.

After a sale is sent for deposit, any attempt to reimburse the cost of a Product to a Customer constitutes a Refund and shall be dealt with as set forth below. You may contact us regarding your purchase from PSP TUBEZ within 1 day of delivery for a full refund. Returns: A return occurs when a Customer returns Products previously purchased from 2CO ("Return").

Clients have the opportunity to browse though
our galleries before making their purchase.

Artists

We have taken it in good faith and upon the word from our artists that any works supplied to/sold to Baz Designs is copyright free and/or their own creation/s. The copyrights to the files offered on this website will be retained by their respective artists/contributors or the vendor Baz Designs. You may not claim ownership to any of the original products in whole, or in part of. Images from Barry's Place are derived from different artists, drawn for us by various artists and are copyrighted to Baz Designs. Some have been re-drawn from scratch (re-worked) from reference images and are also copyrighted to Baz Designs. Other images are obtained from royalty free websites.

IN THE EVENT THAT YOU BREACH ANY OF THE TERMS OF THIS AGREEMENT, BAZ DESIGNS SHALL HAVE THE RIGHT TO TERMINATE YOUR ACCOUNT WITHOUT FURTHER NOTICE. SUCH TERMINATION SHALL BE IN ADDITION TO BAZ DESIGNS ALTERIOR RIGHTS AT LAW AND/OR EQUITY. BAZ DESIGNS CANNOT GUARENTEE THAT ANY IMAGE/PHOTO/WALLPAPER/PNG/TUBE/SCREEN SAVER OR ANY FILE/MATERIAL DOWNLOADED FROM BAZ DESIGNS WILL MEET WITH YOUR STANDARDS, NEEDS OR REQUIREMENT OR ERROR FREE. THE ENTIRE CHOICE AS TO QUALITY, PERFORMANCE AND OUTCOME OF THE IMAGE(S) LAYS SOLELY WITH YOU. BAZ DESIGNS SHALL NOT BE HELD LIABLE TO ANY PERSON, ORGANISATION FOR ANY DAMAGES. BAZ DESIGNS CANNOT AND SHALL NOT BE LIABLE IN ANY WAY TO YOU OR TO ANY OTHER ENTITY FOR ANY GENERAL, CORRECTIVE, SPECIAL, DIRECT, INDIRECT, SIGNIFICANT OR INCIDENTAL DAMAGES, OR LOSS OF PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF ANY FILES DOWNLOADED FROM BAZ DESIGNS. I HAVE TAKEN DUE DILLIGENCE TO ENSURE THAT ALL OF THE FILES ARE IN GOOD WORKING ORDER, DEFECT FREE, VIRUS FREE AND END USERS DOWNLOAD AT THEIR OWN RISK.

Contact

Baz Designs
PO Box 965
Scottburgh
KwaZulu-Natal
South Africa
4180

+27 (0) 39 978 2431 OR 011 27 39 9782431

email: webmaster [at] psptubez DOT com