BAZ
DESIGNS t/a PSP TUBEZ DOT COM
a.k.a BARRY'S PLACE
CK 2006/099987/23
TERMS & CONDITIONS
End User License Agreement
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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. You are not allowed
to use this website for any other purpose, apart from
browsing, downloading the free content and/or making
legitimate purchases.
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refunds - digital downloaded 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 donwloaded. 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 <<website>> within <<amount of days>> days of delivery for a full refund.
Returns:
A return occurs when a Customer returns Products previously purchased from 2CO ("Return").
Barry's Place
will not reduce the amount of a Refund by the assessment of a "restocking fee" or any other charge (including shipping charges) for any Return that occurs in accordance with Barry's Place Return Policy.
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Clients have the opportunity to browse though
our gallery before making their purchase.
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iamge source |
Images from Barry's Place are derived from different sources, some are specifically drawn for us and we retain the copyright to those images. Some have been re-drawn from scratch (re-worked) from reference images and shaded by myself, I retian the copyright to those. Some are from copyright free cards that I own. Other images are obtained from royalty free websites. |
| what you may not do |
You MAY NOT re-sell our images in their original state or format or as stand alone. By that I mean, you cannot sell them in PNG format or PSP format on a single transparent layer. You must have incorporated my image into an image of your own. This means it must have a background and/or be part of other images/background/s.
In a nutshell - whatever you make/create with my images you may re-sell. This applies to YOUR own personal business, which you may be running from your home, a flea market or your online business where you sell sweet wrappers, stationery, web sets, scrapbooking kits etc. You must have created your own design with my images, you cannot sell any image for any purpose as a stand alone image on a transparent background. You will have to apply for a commercial licence should you wish to do so. My image can either be in full or part thereof or YOUR creation. (Your creation does not mean taking an image an simply placing it on a WHITE plain background and offering as clipart, that is not acceptable).
EXAMPLE OF IMAGE USE |
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My Image On Transparency |
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Your Image To Sell |
You may NOT not sell your creations made from my images to major chain stores, wholesalers, retailers or franchises, publishing houses, wrapping paper companies, greeting card companies, magazines, newspapers, advertising agencies, television stations, broadcasting corporations and the like, you may not mass produce my images. You MAY NOT use my images at Cafe Press without a COMMERCIAL LICENCE.
You cannot offer them for sale on a CD, or as a general graphic collection, they must be part of your creation/graphics/webset/scrapbook set that you have created. You may not create commercial calendars or illustrate books. You may not pass any of our images through any graphics group on or offline. |
the definition of a small home-based business |
A small home based business is a business on a small scale. This means that you are not selling my graphics or items that you make from my graphics to companies that will mass produce goods resulting in you and the company becoming multimillionaires. I am not stopping you obtaining a commercial licence should you be interested in such a venture.
Small home based business may sell their goods from their homes, to home industries, flea markets, to other small businesses and even online. You may not sell any of my images on Cafe Press. |
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illegal re-distribution |
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 on this site that are copyrighted to/the property Baz Designs and MAY
NOT be reproduced/redistributed in a format as psp, psd or png on a transparent backghround for re-sale
or or given away freely on CD's / Collections For Download
/ Posted On Other Websites / Image Galleries / News Groups
/ Groups (e.g. Yahoo, Google, E-Bay etc.) / Pass Through
Emails / Linkware Collections To Create Tubes, Brushes
or Brush Nozzles / Licensed In a Collection Or Separately
In Their Original Form / May Not Be Stored On A Network,
The Internet or Intranet, File Sharing Programs where
they me be accessed by a third party / May Not Be Used
Alone or With Other Items Offered For Sale at Cafe Press
/ May not be used in a manner that competes with Baz
Designs.
Everything
on this site is NOT Public Domain. You only acquire
the copyright of any works you created using these products,
provided that the original content cannot be extracted
from your work, and your work does not directly resemble
the original product available from our site. |
USER NAMES & PASSWORDS |
When
you click the AGREE button before purchasing
a membership you hereby agree that you will never share
your username and password for Baz Designs. Your Baz
Design username and password are to be used only by you.
Each person that desires to access Baz Designs site must
have his/her own username and password and must purchase
a subscription.
Your username
and password may only be used on ONE COMUPTER either
in your office or at your home at any one time. (This means that only you are allowed to be logged into my site as you are the person that made the purchase - you can login either at work or at home - no problem).
We have
the right reserved to monitor IP address and account
users at all times and implement additional software
or mechanical means to prohibit users from sharing their
login information. By doing so you
are basically stealing from us. If a member has been
caught/found to be in violation of this agreement we
will IMMEDIATELY terminate their subscription
without a refund of the remaining subscription period/membership.They
will be suspended and permanently banned from this or
any other of our websites and publicly humiliated. |
artist works |
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. |
prices/terms |
| Prices and/or
terms are subject to change at any time. This does not
affect existing purchases. |
site updates / new content additions |
I will update the site as an when I am able to. |
slander |
You MAY
NOT use, miss-use any graphics,images, logos,
page titles/headings/use the words Barry's
Tubes or Barry's Place, or
the like of, referring directly back to this site or
its content in together with pornographic, defamatory,
hate material, including gender or sexual orientation,
ethnic, religious, racial slurs, child pornography,tobacco
adverts, spamming, adult (sexual) entertainment/clubs,
escort agencies, pharmaceutical adverts promoting sexual
enhancement drugs, drug adverts, animal cruelty/torture,
hunting websites/advertising condoning the killing
of animals for fun and/or threats to human life,or
otherwise illegal, unlawful or immoral content or in
such a manner that imposes or infringes on any third
party or intellectual property.
You may not use
text of images from Baz Designs in unlawful advertising/spamming,
blogs or to optimise your website in search engine optimisation
with text from Baz Designs. You may not use any content
from Baz Designs that will place any person, place or
photo in a bad light or depicts them in an offensive
manner. If this is found to be true the appropriate legal
action will be implemented against such a perpetrator. |
linking back to barry's place |
The only price we ask for using our free
stuff (where possible) is to link back to Baz Designs. It must be linked to http://www.psptubez.com.
Also we would just love to see how our graphics are being
used on the Internet. |
image manipulation |
You may not alter, change, colourise, modify,
adapt any of our images with the specific intent of claiming
them as your own and offering them for sale in their original "design" state. You can create your own designs and or incorporate them into your own creation and then you can claim that as your own work. You may add
text to any blank button or image designed for this purpose. |
free images |
Images from the
free section are not to be placed in any online collection
or archive; in addition, no images are to be redistributed
for financial gain or placed within any compilation CD,
software or other reproducible media. |
cafe press and the like |
You may not display
or sell any of our images on websites or service that
provides "print on demand"
products such as postcards, mugs, T-shirts.
posters, mouse pads, artwork or any material
3 dimensional item that would violate our
terms and this includes websites such as
www.cafepress.com |
spamming |
You may not use our images in any opt-in
email spamming or spamming pop-up adverts or used in connection
with any un-solicited email or any links from unsolicited
emails. |
linking |
The only graphics that can be linked back
to on our site are the banners pertaining to link sharing
between Baz Designs and your website. The only page that
is allowed to be linked back to should you avail of reciprocal
linking is our home page http://www.psptubez.com. Any other graphics should be downloaded to your
own hard drive or to be uploaded to YOUR server or web
site directory - do not link directly to our graphics
Any other mis-use or cross linking to our pages is considered
bandwidth theft and is illegal and infringes copyright
laws. Please do not link directly to my images. Web TV
users are urged to please use a Web TV Transloader service. |
Should you have the
inability to correctly use any file downloaded from Baz
Designs or should any damage occur from the use of our
files, whether direct, indirect, consequential or incidental -
You agree to indemnify Baz Designs, its owners/partners,
artists or employees in whole and shall not be liable
for any damages caused through mis-use or negligence
of our products. You further agree to indemnify Baz Designs
for all costs should you breach of our terms of use. |
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. |
contact details |
Baz
Designs
PO Box 965
Scottburgh
KwaZulu-Natal
South Africa
4180
+27 (0) 39 978 2431
email: webmaster [at] psptubez DOT com |
