Navigating the digital landscape requires a clear understanding of rights, responsibilities, and data protection. This comprehensive guide outlines the critical terms of use, content licensing stipulations, and privacy commitments established by BERNAMA.
As a premier content provider, BERNAMA meticulously defines the parameters for accessing, utilizing, and managing its valuable assets, ensuring a framework that protects intellectual property while fostering responsible use.
Our aim is to empower you with full clarity regarding how you can legally engage with our content, the obligations you undertake, and how your personal information is handled.
Whether you are a media professional, a publisher, or an individual user, grasping these guidelines is essential for a seamless and compliant experience. This document serves as a foundational resource, explaining everything from content acquisition to data privacy, presented in a clear, accessible format.
Establishing content usage and licensing rights
Engaging with any content provided by BERNAMA necessitates a profound understanding of the associated licensing and usage rights.
It is paramount for all users to recognize that obtaining content from BERNAMA does not inherently transfer any intellectual property rights, be they trademark, copyright, or any other form of ownership, for the content itself, beyond the specific end-use explicitly granted.
You are granted a license for a specific purpose, not ownership of the underlying material.
The critical role of legal counsel
Before proceeding with any form of content utilization, especially if there is uncertainty surrounding the extent of rights required for your intended application, it is your sole responsibility to seek guidance from qualified legal counsel.
BERNAMA emphasizes this requirement, as its employees or representatives are not authorized to provide legal advice or make any representations or warranties that fall outside the explicit terms outlined within this agreement. Relying on such unauthorized statements is strictly prohibited and will not be honored by BERNAMA.
Understanding unauthorized content use
Any use of BERNAMA's content that falls outside the boundaries of the granted license constitutes a direct infringement of copyright and other applicable legal rights.
Such infringements are taken very seriously and will trigger BERNAMA's full entitlement to exercise all available rights and remedies under prevailing copyright and other relevant laws. This includes, but is not limited to, the pursuit of monetary damages against all parties involved in the unauthorized use, including direct users and any beneficiaries deriving advantage from such illicit activities.
In cases of unauthorized content use, BERNAMA explicitly reserves the right, at its sole discretion, to issue an invoice for and you, as the user, hereby agree to pay a significant penalty.
This penalty amounts to ten (10) times the standard license fee that would have been applicable had the content been licensed legitimately. This substantial charge is levied in addition to any other fees, damages, and penalties that BERNAMA may be legally entitled to claim under this agreement and applicable law.
Furthermore, as stipulated in the relevant invoice, this may include a specific obligation for you to pay BERNAMA a use-based royalty and to furnish detailed accounting or other verifiable records that accurately document your specific usage of the content in question.
Payment terms and financial obligations
Transparency in financial transactions is a cornerstone of our operational policy.
Understanding the payment terms and your associated financial obligations is crucial for maintaining a healthy and compliant relationship with BERNAMA.
Standard payment schedule
For all content licensing and related services, payment is due within a period of thirty (30) days from the date the applicable invoice is issued.
In instances where the invoice specifies an earlier payment date, that date will take precedence. Punctual payment ensures the uninterrupted continuation of your content usage rights and avoids potential penalties.
Late payment charges
Should any payment not be received by its due date, a late payment charge will be applied to the outstanding balance.
This charge is calculated at one and one-half percent (1.5%) per month, or the maximum rate permitted by law, whichever is lower. These charges are cumulative and will accrue for each month or portion thereof that the payment remains overdue. It is important to prioritize timely payments to avoid these additional costs.
Calculating footage usage
For licenses pertaining to footage, any duplicate usage, including freeze frames or slow-motion segments, will be meticulously calculated based on the actual on-screen running time of the footage.
This precise calculation ensures fair billing practices for all visual content.
Your responsibility for taxes
As the licensee or user of BERNAMA's content, you are solely responsible for the timely payment of all applicable sales and use taxes. It is your duty to determine and remit these taxes where required by law, ensuring full compliance with local and national tax regulations.
Cancellation and agreement termination policies
Circumstances may arise where a cancellation or termination of an agreement becomes necessary.
BERNAMA has established clear policies to address such situations, outlining the procedures and associated liabilities.
Cancellation window and liabilities
If you need to cancel a license or service, a cancellation notice must be received by BERNAMA more than seven (7) days prior to the agreed-upon service or usage commencement date.
Should the cancellation notice be received within or less than seven (7) days of this date, no cancellations will be accepted, and you will remain fully responsible for and obligated to pay the entire amount specified in the invoice.
Furthermore, in the event of any accepted cancellation, you will be held liable for and must pay any and all associated service charges, production fees, processing and handling fees, and shipping fees that have been incurred up to that point.
It is crucial to be aware of these potential costs when considering a cancellation.
Immediate termination upon cancellation
Upon the processing of any cancellation, all licenses that were applicable to the canceled content or service shall immediately and irrevocably terminate.
This means that your rights to use the content cease entirely from that moment. All cancellations, once processed, are considered final and binding.
Consequences of termination or expiration
Following any termination, cancellation, or expiration of this agreement, neither you nor any other person or entity covered by the license originally granted to you under this agreement shall retain any further right whatsoever to make any use of the content.
The authorized usage period concludes entirely.
While the general rule dictates the cessation of all content use, a limited exception exists. If a specific term is not explicitly included in the invoice or license agreement, you may be permitted to store a single copy of the content for a maximum period of 30 days following the date you initially accessed such content.
This is a brief grace period, not an extension of usage rights.
Upon the official termination or expiration of your rights concerning a specific content element under an invoice or a license agreement, you expressly agree to cease all further use of such content.
You are then required to promptly delete or destroy any and all digital copies of the content. The sole exception to this deletion requirement is the ability to retain one single copy of the work you have created that incorporates the content, solely for legitimate archival purposes and no other use.
Protecting content and ensuring proper attribution
BERNAMA places immense value on the integrity and security of its content.
To uphold this, specific measures and requirements are in place regarding content protection and mandatory attribution.
Safeguarding content in online environments
If the licensing agreement permits the use of BERNAMA's content on the internet or any other online or interactive media platform, you are obligated to employ your absolute best efforts to protect that content.
The primary objective is to ensure that the content cannot be easily copied or reproduced without authorization. For footage specifically, you must take all necessary steps to ensure it remains strictly within the linear production for which it was licensed and cannot be individually searched, extracted, or downloaded in broadcast or substantially comparable quality by third parties.
This is vital for preventing widespread unauthorized distribution.
Image display on wireless devices
Should your licensed platform involve a wireless device, then any images acquired from BERNAMA may not be displayed on that licensed platform at dimensions greater than 1.5 times their original size.
This restriction helps maintain image quality and controls distribution parameters.
Credit and copyright attribution: a material aspect
Receiving appropriate credit is considered a fundamental and material aspect of the agreement for BERNAMA.
It is not merely a formality but a crucial recognition of our intellectual property. For editorial uses of images, you expressly agree to pay a penalty equal to triple the invoice amount if you fail to provide proper credit and the required copyright notice alongside the content.
This significantly increased charge underscores the importance of attribution in editorial contexts.
Similarly, for commercial uses, you agree to pay double the invoice amount if you neglect to include the required credit when such crediting is customary and appropriate within the industry.
In the case of footage, you are required to provide copyright attributions to BERNAMA within the production itself, and specifically on-screen credits as detailed in the invoice. These credits must be equal in all respects to any credit accorded to any other provider of comparable services or content within the same production, ensuring BERNAMA receives equitable recognition.
General legal framework and agreement provisions
Beyond the specifics of content licensing and usage, a set of general legal provisions underpins this agreement, ensuring its enforceability and clarity.
Agreement language
Both parties to this agreement mutually confirm their wish that this agreement, along with any other related documents, including notices, has been and shall continue to be written exclusively in the English language.
This establishes a single, unambiguous linguistic basis for all contractual communications.
Survival clauses
Certain sections of this agreement are designated as "survival clauses." Specifically, sections 3, 4(a), 5, 6, 9, 11, 12, 13, and 15 through 27 shall legally survive the termination or expiration of the overall agreement.
This means that the obligations and rights detailed in these particular sections will remain in full force and effect even after the primary agreement has concluded, ensuring continued protection for specific provisions, especially those related to liability, intellectual property, and data privacy.
Miscellaneous provisions
This agreement, along with any specifically listed restrictions, constitutes the entire agreement between the parties concerning the subject matter described herein.
It supersedes and merges all prior and contemporaneous communications, understandings, and agreements, whether oral or written. This ensures that only the terms explicitly contained within this document are legally binding.
Should any specific provision of this agreement be found to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this agreement shall nevertheless remain fully valid and enforceable according to its remaining terms.
This "severability" clause prevents the invalidation of one part from collapsing the entire agreement. Accordingly, the parties mutually agree that if any provisions are deemed unenforceable, they shall be considered modified to the minimum extent necessary to make them enforceable.
Such modification will be performed in a manner that most closely aligns with the original intentions of the parties to this agreement, ensuring the spirit of the contract is maintained wherever legally possible.
Updates to terms of use
BERNAMA expressly reserves the right, at its sole discretion, to modify these terms of use at any time.
Any such modification will become effective immediately upon its posting on our platform or relevant communication channels.
By obtaining, using, or making payment for any content from BERNAMA, you signify your full agreement to be bound by and comply with all of the terms and conditions outlined in this agreement, including any subsequent modifications.
BERNAMA's comprehensive privacy policy
Your privacy is of utmost importance to BERNAMA.
This section details our privacy policy, explaining how we collect, use, protect, and manage any personal information you provide when interacting with our website and services.
Policy objective
This page serves to clarify our privacy policy, which meticulously covers the usage and protection protocols for any information you may furnish us when visiting our website or utilizing our services.
We are committed to safeguarding your data while ensuring transparency in our practices.
Information sharing for public services
In instances where you conduct a transaction or transmit an email containing your private information, it is important to note that this information may be shared with other government agencies.
This sharing is done strictly for the purpose of enhancing and providing more effective and efficient public services. For example, specific customer satisfaction surveys may require feedback collected via email to be shared with other relevant agencies to improve service delivery.
Data collection scope
We collect your information exclusively when you use our website, and solely for the explicit purpose of facilitating photo business transactions.
Our data collection is targeted and limited to what is necessary for our core operations. It is critical to understand that this privacy policy applies specifically to this site. Therefore, you should always be vigilant and aware that any linked third-party sites may operate under different privacy policies.
When you navigate to another site from ours, we strongly recommend that you carefully read and thoroughly understand the privacy statement of that particular site before proceeding.
Protection of children's privacy
BERNAMA's products and services are specifically intended for adults.
Consequently, we do not knowingly collect, use, or disclose personal data from children under the age of 18. If we become aware that we have inadvertently collected personal data from a child under the age of 18 (or the equivalent minimum age mandated by the relevant jurisdiction), we will promptly take all necessary steps to delete that data as quickly as possible.
If you, as a user, discover that a child under the age of 18 has provided us with personal data, we urge you to contact us immediately so we can address the situation.
Your data rights and access
We implement reasonable measures to ensure that your personal data is accurate, complete, and consistently up-to-date.
As a data subject, you possess several fundamental rights regarding your personal information:
- Right to access: You have the right to request access to the personal data we hold about you.
- Right to correction: You can request that any inaccurate or incomplete personal data be corrected.
- Right to deletion: You have the right to request the deletion of your personal data under certain circumstances.
- Right to restrict processing: You can request to restrict or object to the further processing of your data at any time.
- Right to data portability: You have the right to receive your data in a structured, commonly used, and machine-readable format, and to transmit that data to another controller.
- Right to file complaints: You retain the right to file a complaint with the competent data protection authority regarding our processing of your personal data if you believe your rights have been violated.
To safeguard the privacy and security of your data, we may request additional data from you to confirm your identity and your right to access such data.
This verification process helps us locate and provide you with the specific personal data we maintain securely. In certain limited cases, applicable laws or regulatory requirements may allow or even require us to refuse to provide or delete some or all of the personal data we maintain.
You can contact us at any time to exercise your rights, and we commit to responding to your request within a reasonable timeframe, typically within 30 days.
Third-party links and data security measures
In today's interconnected digital world, understanding how we handle third-party links and the security measures we employ is crucial.
Disclaimer for third-party websites
When our customers navigate or operate links to third-party websites that may have a relationship with BERNAMA, it is important to understand that we do not assume any obligation or responsibility for the privacy policies adopted by these third parties.
Our websites, products, and services may contain links to various third-party websites, products, and services, or provide you with the ability to access them. We expressly state that we are not responsible for the privacy practices implemented by these third parties, nor are we accountable for the information or content contained within their respective products and services.
This privacy statement exclusively applies to the data we collect through our own products and services.
We strongly encourage you to diligently read and comprehend the privacy policies of any third parties before continuing to use their websites, products, or services. Your interactions with third-party sites are governed by their own terms and policies, over which BERNAMA has no control.
Robust data security measures
BERNAMA is committed to protecting your data through comprehensive security protocols.
We implement a combination of reasonable technical, administrative, and physical security measures designed to protect your data and prevent unauthorized access. Furthermore, these measures are in place to ensure the correct and authorized use of the data we collect, safeguarding it against misuse, alteration, or unlawful destruction.
Our proactive approach to security aims to provide you with confidence in our data handling practices.
Conclusion: our commitment to transparency and protection
This detailed guide underscores BERNAMA's steadfast commitment to transparency, legal compliance, and the rigorous protection of both our valuable content and your personal data.
By clearly outlining the terms for content licensing, detailing payment and cancellation policies, specifying attribution requirements, and establishing a robust privacy framework, we aim to build a relationship founded on mutual understanding and respect. Adhering to these guidelines ensures a lawful, fair, and secure environment for all users engaging with BERNAMA's extensive content offerings.