BAZ DESIGNS t/a PSP TUBEZ DOT COM
a.k.a. BARRY'S PLACE

CK 2006/099987/23

TERMS & CONDITIONS

End User License Agreement

PLEASE ENSURE YOU PLACE A LINK BACK TO MY SITE SOMEWHERE ON YOURS
AND IN YOUR DOWNLOAD PACKAGE. YOU CAN USE A TEXT LINK OR ONE OF MY BANNERS.

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

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 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 <<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").

 

Clients have the opportunity to browse though

our gallery before making their purchase.

 

image source
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.
what you may and may not do with my images

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, PSD 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.

IF YOU WANT TO SELL IMAGES FROM MY SITE IN PNG FORMAT THEN PLEASE FOLLOW THESE TERMS BELOW

IF YOU ARE MAKING A SCRAPBOOK KIT - YOU ARE ALLOWED TO ADD NO MORE THAN 2 IMAGES IN YOUR KIT FROM MY SITE THAT ARE ON A TRANSPARENT LAYER - MEANING AS THEY ARE FROM MY SITE ASSUMING YOU WILL WANT TO OFFER THEM IN PNG FORMAT. YOU WILL HAVE TO GIVE ME CREDIT IN YOUR T&C AND A LINK TO MY HOME PAGE IN YOUR DOWNLOADABLE KIT.

This applies to YOUR own online business, these terms obviously do not apply if you are selling crafts at a flea market but the above terms apply to your online business where you sell sweet wrappers, stationery, web sets, scrapbooking kits etc. You will have to apply for a commercial licence should you wish to sell more than 2 of my images in a kit form and a commercial licence costs $100.00 a year. 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 clip art, that is not acceptable).

EXAMPLE OF IMAGE USE
My Image On Transparency
Your Image To Sell
OR
YOU CAN SELL NO MORE THAN 2 OF MY IMAGES IN A SCRAPBOOKING SET THAT ARE ON A TRANSPARENT BACKGROUND AS THEY ARE FROM MY SITE AND YOU WILL HAVE TO LINK BACK TO MY SITE IN YOUR ZIPPED PACKAGE IN A TEXT FILE AS TO WHERE YOU GOT THEM FROM - PLEASE LINK TO MY HOME PAGE -- IF YOU WANT TO SELL MORE THAN 2 IMAGES IN A SET PLEASE PURCHASE A COMMERCIAL LICENCE THEN YOU CAN SELL AS MANY AS YOU LIKE IN YOUR SETS - COMMERCIAL LICENCES COST $100.00 PER YEAR. THANK YOU! YOU MAY NOT CLAIM YOU ARE THE CREATOR OR MAKER OF ANY IMAGE OR TILE FROM MY SITE, THAT WILL JUST BE A LIE AND IN BREECH OF MY T&C. IF YOU STATE WHERE THEY COME FROM IN A TEXT FILE (A LINK TO MY SITE PLEASE) IN YOUR ZIPPED DOANLOADABLE PACAKGE THEN I AM QUITE HAPPY WITH THAT!! :-)

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/web set/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.

my seamless tiles
YOU MAY NOT SELL MY SEAMLESS TILES IN SETS AS THEY ARE FROM MY SITE. WHATEVER PAPERS YOU MAKE OF ANY SIZE FROM MY TILES YOU MAY SELL - THE ACTUAL SEAMLESS TILE REMAINS THE PROPERTY OF BAZ DESIGNS AND THEY MAY NOT BE SOLD TO WRAPPING PAPER COMPANIES AND THE LIKE. IF YOU WANT TO SELL MY SEAMLESS TILS AS IS - PLEASE PURCHASE A COMMECIAL LICENCE OF $100.00 PER YEAR. YOU CANNOT MUST PROVIDE A LINK TO MY SITE AND YOU CANNOT CLAIM THEM AS YOU BEING THE CREATOR OF THESE TILES. THANK YOU.
my frames
You may not sell or use my frames in your online business if you frame images without purchasing a commercial licence. No more than 1 frame may be included in a scrapbook kit and you must give credit to my site as well as a link back to my home page in your download kit.
my photographs
You may not sell my photographs or offer them in any collection for download.
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 background 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 and that is fairly often. It is not a criteria that the site is updated at all times, but since this site has been opened, there have been updated at least twice a month, every month.
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 is to link back to Baz Designs if you are using our images online. It must be linked to http://www.psptubez.com.
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. A link back to my site homepage is required.
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

OR

011 27 39 9782431

email: webmaster [at] psptubez DOT com

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