Welcome to BERNAMA's detailed content usage agreement, designed to provide a clear understanding of your rights and responsibilities when engaging with our valuable digital content.
As a premier source of information and multimedia, BERNAMA maintains stringent policies to safeguard its intellectual property and ensure ethical content distribution. This document outlines the fundamental principles governing the licensing, access, and use of our diverse content, encompassing everything from editorial pieces and fine art to footage and imagery.
Our commitment extends beyond just content delivery; we are also dedicated to protecting the personal data of our users.
This comprehensive agreement details our approach to data privacy, including how we collect, process, share, and protect your information, always adhering to applicable regulations and best practices. By accessing or utilizing any content provided by BERNAMA, you acknowledge and agree to abide by the terms and conditions set forth herein.
It is crucial to read this entire document carefully, as it forms a legally binding agreement between you and BERNAMA.
Understanding your content licensing rights and obligations
The content provided by BERNAMA, often referred to as "comps content" or "licensed content," is granted to you under specific, limited licenses, not as a transfer of ownership.
These licenses are highly restricted and are designed to ensure the integrity and control of our proprietary materials. When you receive a license to use our content, it comes with a predefined term and scope, which dictates exactly how and for how long you may utilize the material.
Strict limitations on content use
Upon the expiration of your license term, or if you fail to obtain the necessary license in the first place, it is your express obligation to promptly destroy all copies of the comps content in your possession.
This ensures that unauthorized use is prevented and our intellectual property rights are upheld. Furthermore, the content you license is intended solely for your individual use, meaning it cannot be shared, distributed, or used by others without additional, explicit authorization.
Unless explicitly stated otherwise within this agreement or on a specific invoice, you are strictly prohibited from selling, renting, loaning, giving away, sublicensing, or otherwise transferring the content or any rights to reproduce it to any third party.
The only exception to this rule is if the content has already been incorporated by you into the permitted end use as defined by your license. Any deviation from these terms constitutes a breach of this agreement and may lead to significant legal and financial consequences.
Intellectual property: BERNAMA's enduring ownership
BERNAMA and its esteemed content sources retain complete and unwavering ownership of all intellectual property rights associated with the content.
This includes, but is not limited to, all copyrights, patent rights, trademarks, trade secrets, and every other form of proprietary right. It is critical to understand that this agreement grants you only the limited licenses explicitly specified within its clauses. No rights of ownership or broader usage are transferred to you.
Derivative works and compilations
Even if you create a compilation or a derivative work using any BERNAMA content, any resulting right, title, or interest in that new work does not entitle you to use the original content beyond the scope of your initial license.
Your ability to access our content should never be mistaken for a blanket right to use that content in any manner you choose. Each use must strictly conform to the terms outlined in your specific invoice or the relevant content web page associated with your licensed material.
Limited warranty and disclaimers
BERNAMA operates with a commitment to providing high-quality content, but it is important to clarify the extent of our warranties.
Except where expressly stated otherwise in these terms and conditions, BERNAMA, on behalf of itself and its content sources, offers no other warranty, whether express, implied, or statutory, regarding any content, its online systems, or any rights or licenses granted under this agreement.
This includes, without limitation, any implied warranties of merchantability or fitness for a particular purpose.
"As is" basis and essential purpose
The content and services are provided on an "as is" and "as available" basis. The foregoing limitations are applicable even if an essential purpose of this agreement or any remedy fails.
This means that while we strive for excellence, BERNAMA does not guarantee that the content will meet your specific requirements, be uninterrupted, timely, secure, or error-free. You assume all risks associated with the use of the content and our systems.
Ethical considerations and alterations to editorial and fine art content
When dealing with editorial, news, and fine art content, special ethical and professional considerations apply.
The integrity of such content is paramount. When you use these types of materials, you bear sole responsibility for any modifications or alterations you make. You must indemnify BERNAMA for any claims related to or arising from such changes, with the only exceptions being standard color correction or minor cropping performed solely for space limitations, or adjustments to caption information.
Maintaining content integrity
Any other form of alteration, manipulation, or contextual change that could misrepresent the original intent, factual accuracy, or artistic integrity of editorial or fine art content is strictly prohibited.
Your indemnification obligation under this clause means you agree to protect BERNAMA from any legal actions, liabilities, damages, or expenses that may arise from your unauthorized or unethical modifications.
Your indemnification of BERNAMA: protecting our interests
By agreeing to these terms, you unequivocally commit to indemnify BERNAMA and its content sources, officers, directors, employees, contractors, subsidiaries, joint ventures, licensors, and licensees.
This means you will not hold them liable against all claims, including, without limitation, claims by third parties, liability, damages (including punitive damages), judgments, settlements, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to your use of the content or any breach of this agreement.
Conditions for indemnification obligation
Notwithstanding the preceding, BERNAMA's obligation under this Section 10 (referring to the original document's section numbering, for context) is contingent upon you providing BERNAMA with written notice within ten (10) days of your receipt of any claim subject to indemnity.
BERNAMA also reserves the right to defend or control the defense of such claim. In no case shall BERNAMA have any obligation with respect to claims already covered under Section 9 (referring to the original document's section numbering, for context), pertaining to alterations of editorial and fine art content.
Navigating third-party rights and necessary clearances
It is imperative to understand that simply having access to BERNAMA content does not automatically grant you the right to use it freely.
Unless specifically stated otherwise in your invoice or the applicable specific content web page for the licensed material, the rights BERNAMA grants to you do not include a license to, and BERNAMA makes no representations or warranties that it owns or licenses, any rights related to or in any persons, places, property (whether real, personal, or of any other kind), or subject matter depicted in any content.
Your responsibility for securing permissions
All BERNAMA content may be subject to various third-party rights, including copyrights, trademarks, rights of publicity, moral rights, property rights, or other entitlements belonging to another party.
You, as the licensee, are solely responsible for determining whether your intended use of any content requires the consent of any other party or the license of any additional rights. You should never rely solely on information provided by BERNAMA regarding these external rights.
It is your sole responsibility to obtain any and all necessary releases and clearances, including, without limitation, those from individuals, property owners, or intellectual property holders.
Consulting legal counsel
If you are uncertain whether additional rights are required for your specific use case, it is your responsibility to consult with competent legal counsel.
No employee or representative of BERNAMA is authorized to make, and you shall not rely upon, any representations or warranties beyond those explicitly stated in this agreement. You do not acquire, and shall not claim, any trademark, copyright, or other rights in the content itself, apart from the specific end use permitted by your license.
Consequences of unauthorized content use
Unauthorized use of BERNAMA content constitutes a severe infringement of copyright and other applicable rights.
Such infringement shall entitle BERNAMA to exercise all rights and remedies available under applicable copyright and other laws, including seeking substantial monetary damages against all users and beneficiaries involved in the unauthorized use of such content.
Penalties for infringement
In its sole discretion, BERNAMA reserves the right to bill you, and you hereby agree to pay, a punitive charge of ten (10) times the standard license fee for any unauthorized use.
This penalty is in addition to any other fees, damages, and legal penalties BERNAMA may be entitled to under this agreement and applicable law. This robust penalty system underscores the seriousness with which BERNAMA views the protection of its intellectual assets.
Financial terms: payment, royalties, and charges
Your license may include an obligation to pay BERNAMA a use-based royalty, as specified in the applicable invoice, and to submit an accounting or other records verifying your use of the content.
Payment for licensed content is due within thirty (30) days of the date the applicable invoice is issued, or by the date specified in the invoice, whichever comes first.
Late payments and taxes
A late payment charge of one and one-half percent (1.5%) per month, or the maximum amount permitted by law, whichever is less, will be applied to any overdue balance.
You are also fully responsible for the payment of all applicable sales and use taxes associated with your content licenses. For footage, any duplicate usage, freeze frames, or slow motion will be calculated based on the actual on-screen running time of the footage, ensuring fair and accurate billing.
Cancellation, termination, and post-agreement obligations
Cancellation policies are clearly defined.
If a cancellation notice is received more than seven (7) days after the invoice date, no cancellations will be accepted, and you will remain responsible for and must pay the full amount of the invoice. For any accepted cancellations, you are also liable to pay any and all service charges, production fees, processing and handling fees, and shipping fees incurred by BERNAMA.
Immediate termination of licenses
All licenses applicable to the cancelled content shall immediately terminate upon cancellation.
All cancellations are considered final. Upon any termination, cancellation, or expiration of this agreement, neither you nor any other person or entity covered by the license granted to you under this agreement shall have any further right to make any use of the content.
Archival copies and destruction of content
Unless a specific storage term is included in your invoice or license agreement, you may be permitted to store a copy of the content for no longer than thirty (30) days following the date you access such content.
Upon the termination or expiration of your rights with respect to a content element under an invoice or a license agreement, you agree to cease all use of such content and shall promptly delete or destroy any digital copies. The sole exception is that you may retain one copy of the final work you created incorporating the content, exclusively for archival purposes, provided it is not for continued active use or distribution.
Content protection for online and interactive media
If the use of BERNAMA content is permitted on the internet or any other online or interactive media, you are obligated to use your best efforts to protect the content to ensure that it cannot be copied.
In the specific case of footage, you must ensure that it remains embedded in the linear production for which it was licensed and cannot be searched by shot or downloaded in broadcast or substantially comparable quality. This is crucial for preventing unauthorized extraction and redistribution of our valuable multimedia assets.
Wireless device display limitations
If your licensed platform is a wireless device, then images from BERNAMA may not be displayed on that licensed platform at dimensions greater than 1.5 megapixels (e.g., 1500 x 1000 pixels).
These technical limitations are put in place to maintain the quality and control over the content's distribution in various digital environments.
Attribution and credit: acknowledging BERNAMA's contribution
Receiving proper credit and attribution is a material and fundamental aspect of this agreement for BERNAMA.
In all editorial uses of images, you expressly agree to pay triple the invoice amount if you fail to provide such proper credit and copyright notice as required. For commercial uses, you agree to pay double the invoice if you fail to include the described credit when such crediting is customary and appropriate within the industry.
Importance of proper crediting
This penalty underscores the critical importance of acknowledging BERNAMA as the source.
Proper attribution not only respects our intellectual property rights but also maintains the ethical standards of content distribution, ensuring that our efforts and those of our content creators are recognized. Always consult your invoice for specific credit requirements.
BERNAMA's data privacy policy: safeguarding your personal information
BERNAMA is committed to protecting your privacy and ensuring the security of your personal data.
Our data privacy policy outlines how we collect, use, and share your information when you interact with our products and services. We process personal data primarily to help verify accounts and user activity, as well as to promote overall safety and security. This includes monitoring for fraudulent activities and investigating any suspicious or potentially illegal actions or violations of our terms and policies.
Such processing is based on our legitimate interest in helping to ensure the safety and reliability of our products and services for all users.
Types of personal data collected and their uses
While the specific descriptions of personal data types may vary, generally, we may collect information related to your account creation, usage patterns, device information, and interaction with our content.
We use this personal data to provide, improve, and develop our diverse range of products and services. This involves tailoring content, enhancing user experience, and optimizing platform performance. We also utilize your data to communicate with you effectively, providing updates, support, and relevant information.
Furthermore, personal data may be used to provide you with targeted advertising and services that align with your interests, always with the goal of improving your experience while protecting our systems and customers from potential harm.
In addition to direct data collection, we may employ other technologies, including data stored on your web browser or device, identifiers associated with your device, and various software tools.
These technologies serve similar purposes: to understand user behavior, personalize experiences, and maintain the security and functionality of our offerings.
Sharing personal data with strategic partners
BERNAMA collaborates with strategic partners who assist us in providing products and services or in marketing to our customers.
We provide certain personal data to these partners exclusively to facilitate or improve our products, services, and advertising efforts. Crucially, we do not share personal data with any third parties for their own independent marketing purposes without obtaining your explicit prior consent.
Your data privacy remains a top priority, and we ensure that our partnerships uphold these rigorous standards.
Children's privacy protection
Our products and services are specifically intended for adult users. Therefore, we do not knowingly collect, use, or disclose personal data from children under the age of 18, or the equivalent minimum age specified by your local jurisdiction.
If we become aware that we have inadvertently collected personal data from a child under this age threshold, we will take immediate steps to delete that data as quickly as possible. If you discover that a child under the age of 18 has provided us with personal data, please contact us without delay so we can address the situation promptly and appropriately.
Your data rights and how to exercise them
BERNAMA takes reasonable measures to ensure that your personal data is accurate, complete, and consistently up-to-date.
As a user, you are afforded several important 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 corrections to any inaccurate or incomplete data.
- 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 that we restrict the processing of your data at any time.
- Right to object to processing: You have the right to object to further processing of your data based on legitimate interests.
- Right to data portability: You have the right to receive your data in a structured, commonly used, and machine-readable format.
- Right to complain: You can file a complaint with the competent data protection authority regarding the processing of your personal data.
To protect the privacy and security of your data, we may ask you for specific information to confirm your identity and verify your right to access such data.
This helps us ensure that personal information is only shared with the legitimate data owner. In some 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 directly to exercise any of these rights, and our team will guide you through the necessary process.