TERMS AND CONDITIONS OF USE - Bes Stock Website
Welcome to Bes Stock website. The use of our website is governed by the following terms and conditions which constitute a legal agreement between you and Bes Stock. By using this website you agree to be bound by the terms and conditions of this Website Usage Agreement. Do not use this website or download or use any materials from this website unless you agree to be bound by this Agreement.

Bes Stock reserves the right to change the terms and conditions of this Agreement from time to time at its sole discretion and your use of this website will be subject to the most current version posted on this website at the time of your use.

OWNERSHIP OF THIS WEBSITE

This website is owned and operated by Bes Stock. All elements of this website, including but not limited to its content and general design are protected by copyright, trademark and trade dress and all applicable Singapore and international intellectual property and copyright laws. All images, text, graphics, illustrations and any derivatives or copies, obtained from this website (collectively "Digital Content") are owned by Bes Stock, its licensors or its content providers.

USE OF THIS WEBSITE

You agree not to remove any copyright, watermarks or other notices contained in the Digital Content and information. You agree not to use any Digital Content as a trademark or service mark, or for any pornographic or unlawful purpose or use, or to defame any person, or to violate any personís right of privacy or publicity, or to infringe upon any copyright, trade name, trademark, or service mark of any person or entity.

PERMITTED USAGE

Comp Image:-

1) Royalty-Free: Bes Stock grants you a LIMITED licence to save thumbnails, reduced resolution watermarked and non-watermarked Comp Image solely for evaluating whether you wish to purchase a license to the higher resolution non-watermarked Image according to the Standard Terms and Conditions applicable to your use. You may only use the Comp Image on one computer subject to one user. The Comp Image shall be used solely for placement purposes only in unfinished products for in-house presentations, storyboards or rough draft designs. Comp Image shall not be incorporated in any final materials for distribution whether within your organisation to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Comp Image. Except for this limited, internal testing and sample use, Bes Stock grants you no other rights, and you may not distribute, sublicence or make available for use or distribution of any Comp Image.

2) Rights-managed: Bes Stock grants you a LIMITED licence to save thumbnails, reduced resolution watermarked and non-watermarked Comp Image solely for evaluating whether you wish to purchase a license to the higher resolution non-watermarked Image according to the Standard Terms and Conditions applicable to your use. You may only use the Comp Image on one computer subject to one user. The Comp Image shall be used solely for placement purposes only in unfinished products for in-house presentations, storyboards or rough draft designs. Comp Image shall not be incorporated in any final materials for distribution whether within your organisation to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Comp Image. Except for this limited, internal testing and sample use, Bes Stock grants you no other rights, and you may not distribute, sublicence or make available for use or distribution of any Comp Image. Client is strictly prohibited from digitizing or electronically scanning any image(s) other than for the purpose of reproducing the Image(s)in accordance with the rights licensed by an Bes Stock representative.
Images:-

1) Royalty-Free: All licences granted by Bes Stock for the use of Royalty-Free Images are on a worldwide, non-exclusive and perpetual basis, subject to the terms, conditions, restrictions and limitations as set forth in this Agreement and the individual licensing arrangements of our respective publishers, unless otherwise specified at time of purchase and specified on your invoice.

2) Rights-managed: All licences granted by Bes Stock for the use of Rights-managed Digital Content are based on a non-exclusive basis, for a geographical distribution limited to the country in which the licence is granted, unless otherwise specified at time of purchase and specified on the Bes Stock invoice issued to you. All rights specifically granted, as specified on the said invoice, including but not limited to derivative uses, electronic, CD-ROM, on-line, or promotional rights, are reserved for use and disposition by Bes Stock without any limitation whatsoever.
LICENCE

Any licence granted to you for use of the Digital Content is not effective until payment is received by Bes Stock. Furthermore, payment is a condition of the grant of the licence and failure to pay will constitute willful infringement of copyright rights of the Digital Content.
PROTECTION OF DIGITAL CONTENT

All Digital Content licensed by Bes Stock, whether Royalty-Free or Rights-managed, are copyrighted and protected by the Berne Convention and Singapore and international laws relating to intellectual property.
Other than for the Comping Use, Digital Content may not be used in any way until the applicable usage licence fee is paid in full. Unless otherwise specifically stated, Digital Content remain the property of Bes Stock, its licensor or content provider or copyright holder or Digital Content owner, as the case may be. You do not acquire any right, title or interest in or to any Digital Content, including, without limitation, any electronic reproduction or promotional rights, and will not make, authorize or permit any use of the digital files made therefrom other than as specified herein. Full credit and copyright information must remain with the file.
All rights not specifically granted herein to you in pursuant to this Agreement are reserved for Bes Stock's use and disposition without any limitations whatsoever.
RETENTION OF DIGITAL FILES

Digital Content may be retained for sixty (60) days from the date indicated on the Bes Stock invoice issued to you. Unless this period is extended in writing, you must delete the Digital Content from all electronic and removable media and destroy any other copy of the Digital Content, except as licensed under this Agreement. Bes Stock's copyright information and Digital Content identification number, where applicable, must be retained with the Digital Content while you retain them.
CREDIT

Digital Content used editorially should bear a credit line as indicated by Bes Stock.

CANCELLATION

Royalty-Free Digital Content:
Due to the liberal nature of the licences for Royalty-Free Digital Content, all licenses are final; no refunds or credits will be allowed. The successful completion of the download by you of any Royalty-Free Digital Content is considered to be the complete fulfillment of Bes Stock's obligations. However, in the case of Royalty Free CDs purchased by you, these may be returned if they are found to be defective subject to you reporting the matter to Bes Stock within three (3) days from date of purchase.

Rights-managed Digital Content:
Should you decide not to use a Rights-managed Digital Content licensed item, you may cancel your order and incur no charges subject to you notifying Bes Stock within three (3) days from date of purchase. If you cancel your order after three (3) days, you will incur a cancellation fee.

The cancellation fee schedule is as follows:

• 1-3 days after licence purchase = no charge
  
• 4-6 days after licence purchase = 25% of license fee
  
• 7-14 days after licence purchase = 50% of license fee
  
• over 15 days after license purchase = 100% of license fee
  

UNAUTHORISED USAGE

Any unauthorized use of Digital Content by you constitutes copyright infringement and shall entitle Bes Stock to exercise all rights and remedies under applicable copyright law including an injunction preventing further use and a claim for monetary damages against all users and beneficiaries of the unauthorized use of such Digital Content. The foregoing is not a limiting statement of Bes Stock's rights or remedies in connection with any unauthorized use.

In the event of your unauthorized use of Digital Content, Bes Stock may in its sole discretion (but shall not be obliged to) forego its right to file suit against you for copyright infringement and/or breach of contract or otherwise if you agree to pay, as liquidated damages, a retroactive license for the relevant Digital Content as follows:

i. a sum equal to four (4) times the normal price Bes Stock would have charged for such use in the case of Rights-managed Digital Content, or
ii. a sum equal to ten (10) times the normal price Bes Stock would have charged for such use in the case of Royalty-Free Digital Content.
Bes Stock will calculate a usage fee in its sole discretion having regard to any information provided by you in good faith and will issue an invoice detailing the licence granted.

Should you fail to make the payment as outlined above within ten (10) days of Bes Stock's billing such fee, this liquidated damage provision shall be void and Bes Stock reserves the right to sue for copyright infringement and/or breach of contract or otherwise, for which Bes Stock shall seek all damages and remedies available, including attorney's fees, expert fees and all associated costs.

RELEASES AND SENSITIVE SUBJECT USAGE

No model releases or property or other releases exist on any Digital Content unless the existence of such release(s) is specified in a separate writing by Bes Stock.

You agree not to use any Digital Content in a defamatory manner or context, either by changing it or by any accompanying text. Advance written permission is required for use of Digital Content which depict any illegal goods or activities, or any sensitive subjects, including but not limited to, contraception, matters of a sexual nature, substance abuse, domestic violence, alcohol, tobacco, AIDS, cancer, acts of violence and other serious physical or mental ailments.

INDEMNITY

You agree to indemnify and hold Bes Stock, its licensors or content providers, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees and expert fees, arising from your use of any Digital Content or any breach of this Agreement.
NO WARRANTY

THIS WEBSITE AND ITS DIGITAL CONTENT ARE PROVIDED "AS IS" AND Bes Stock EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY OF DIGITAL CONTENT, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. Bes Stock WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

Bes Stock MAKES NO REPRESENTATION OR WARRANTIES AS TO THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE OR AS TO THE ACCURACY OF THE DIGITAL CONTENT, OR THAT THE USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU AGREE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK AND THAT YOU AND NOT Bes Stock SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.

WITHOUT LIMITING THE FOREGOING, Bes Stock GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY DIGITAL CONTENT, AND YOU AGREE TO BE RESPONSIBLE FOR SECURING ALL NECESSARY RIGHTS, CONSENTS OR PERMISSIONS AS MAY BE REQUIRED FOR REPRODUCTION OF ANY DIGITAL CONTENT. Bes Stock IDENTIFIES KEYWORDS FOR THE DIGITAL CONTENT TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ANY ERRONEOUS OR INCOMPLETE KEYWORDS INFORMATION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL Bes Stock, ITS LICENSOR OR CONTENT PROVIDER, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES AS A RESULT OF THE USE OF THIS WEBSITE OR FROM YOUR ACCESS OR USE OF THE DIGITAL CONTENT ON THIS WEBSITE. IN ANY EVENT, THE LIMIT OF LIABILITY OF Bes Stock, ITS LICENSOR OR CONTENT PROVIDER OR COPYRIGHT OWNER OF THE DIGITAL CONTENT SHALL BE THE FEE PAID FOR THE DIGITAL CONTENT TO Bes Stock.
RESERVATION OF RIGHTS

Bes Stock reserves the right to:-

- modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of this Website; and/or

- change the terms and conditions from time to time, and your continued use of this Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the terms and conditions have been changed. If you do not agree to any change to the terms and conditions then you must immediately stop using this Website.

GOVERNING LAW AND JURISDICTION

This agreement will be governed in all respects by the laws of Republic of Singapore, without reference to its laws relating to conflicts of law. Venue for all disputes arising under this agreement shall lie exclusively in the courts of the Republic of Singapore and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, Bes Stock shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Bes Stock, such action is necessary or desirable.

ADDITIONAL TERMS AND CONDITIONS RELATING TO SALE OF PRODUCTS

Order Acceptance

The receipt of payment from you and/or the issue of our official invoice does not constitute Bes Stock's acceptance of your order or a confirmation of an offer to sell by Bes Stock. Bes Stock reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

Unless your order is accepted by Bes Stock in writing or by email bearing the heading "Official Quotation", Bes Stock reserves the right to make any adjustment to any published price of any products due to changes in exchange rates, input error, product discontinuation, stock clearance, price increase by manufacturers and publishers, and errors in advertising."

Stock Availability

Due to inventory movements, Bes Stock is unable to guarantee immediate availability for every CD offered for sale online. Upon receiving your order, you will be notified by email if the CD is out of stock so that you can evaluate waiting time. Under such circumstance, cancellation of CD is permitted and a refund will be made to you. Certain CDs are not available for international orders as they must be purchased through local distributor of the ordering country. You will be notified and advised accordingly.

Delivery Schedule

Local Order:

Local deliveries are available Mondays to Saturday subject to stock availability. Order placed before 12 noon will be delivered on the same day. Order placed after 12 noon will be delivered the next day. No deliveries are available on Public Holidays. Normal delivery hours are between 9.30pm to 6pm from Mondays to Saturday. If you need urgent delivery within a specific time, please contact Bes Stock by phone at 65 62278683 or email images@besstock.com.sg. A surcharge of $8.00 is applicable.

Overseas Order:

International Overseas orders may take 2 -7 days or longer for delivery depending on customs clearance, delays in the destination country, missed or cancelled delivery.

NO WAIVER

No action of Bes Stock, other than an express written waiver or amendment, may be construed as a waiver or amendment of this Agreement. Should any provision of this Agreement be found unenforceable, wherever possible this will not affect the validity of any other provision which shall remain in full force and effect.

MISCELLANEOUS

This Agreement is not assignable or transferable by you. You acknowledge that you have read this Agreement and understand it, and agree to be bound by all its terms and conditions.

This Agreement contains all the terms of the agreement between Bes Stock and you concerning transmission, delivery and review of Digital Content, and no terms or conditions may be added or deleted unless made in writing and signed by both parties. These terms and the terms of any subsequent Bes Stock invoice supersede any and all terms of your purchase order. Any subsequent invoice issued to you may contain additional terms relating to the rights granted and the type of usage allowed.