Gaining access to digital content or services does not automatically confer rights for its use beyond the explicitly granted licenses.
Any compilation or derivative works created using provided content remain the property of the original licensor, and usage is strictly confined to the permitted terms. This ensures that intellectual property is respected and that users operate within agreed-upon boundaries.
limited warranties and content disclaimers
BERNAMA, along with its content providers, extends no warranties beyond those explicitly stated within these terms and conditions.
This includes, but is not limited to, any implied warranties of merchantability or fitness for a particular purpose concerning the content, online systems, or any rights and licenses established under this agreement. These limitations remain in effect even if a particular purpose or essential function fails.
editorial and fine art content considerations
Special ethical guidelines apply to editorial, news, and fine art content.
When utilizing such materials, the user bears sole responsibility for any modifications or alterations made, including indemnifying BERNAMA against claims arising from these changes. Standard color correction or minor cropping for space limitations, as well as alterations to caption information, are exceptions to this rule.
user indemnification of BERNAMA
You agree to fully indemnify and hold harmless BERNAMA, its content sources, officers, directors, employees, contractors, subsidiaries, joint ventures, licensors, and licensees from and against all claims.
This includes, without limitation, claims brought by third parties, liabilities, damages (including punitive damages), judgments, settlements, costs, and expenses, such as reasonable legal fees and expenses, that arise from or relate to your actions or use of the content.
BERNAMA is not obligated under this section unless you provide written notice within ten days of receiving any claim subject to indemnity.
Furthermore, BERNAMA retains the right to control the defense of such claims and will not be obligated for any claims covered under a separate section.
content usage rights and permissions
Your ability to access content does not grant you the right to use it.
Unless specifically stated in an invoice or on the relevant web page, BERNAMA's granted rights do not include licenses for individuals, places, or any other subject matter depicted in the content. BERNAMA makes no representations or warranties regarding ownership or licensing of rights related to any persons, places, or property shown within the content.
All content is subject to potential copyrights, trademarks, rights of publicity, moral rights, property rights, or other rights belonging to third parties.
It is your sole responsibility to ascertain whether your intended use requires consent from any other party or the acquisition of additional rights. Relying solely on information provided by BERNAMA is not advised.
obtaining necessary releases and clearances
You are responsible for securing all required releases and clearances.
If you are uncertain about the need for additional rights, consulting with qualified legal counsel is recommended. No BERNAMA employee or representative is authorized to make representations or warranties beyond those explicitly stated herein, and you should not rely on any such assurances.
You do not acquire, nor should you claim, any trademark, copyright, or other rights in the content itself, separate from its intended end-use.
Unauthorized use of content constitutes copyright infringement and violation of other applicable rights, entitling BERNAMA to pursue all legal remedies, including monetary damages, against all users and beneficiaries of such use.
penalties for unauthorized content use
BERNAMA reserves the right, at its sole discretion, to bill you for unauthorized use at ten times the standard license fee.
This is in addition to any other fees, damages, and penalties BERNAMA may be entitled to under the agreement and applicable law. This may also include an obligation to pay use-based royalties and submit records verifying your content usage, as specified in the invoice.
payment terms and late fees
Payment is due within thirty days of the invoice date, or as otherwise specified.
A late payment charge of one and one-half percent (1.5%) may be applied to overdue amounts.
Any duplicate usage of footage, freeze frames, or slow-motion sequences will be calculated based on the actual on-screen running time.
tax responsibilities
You are responsible for remitting all applicable sales and use taxes. If a cancellation notice is received less than seven days before the scheduled event or delivery, no cancellations will be accepted, and you will be liable for the full invoice amount.
Cancellations also incur liability for all associated service charges, production fees, processing and handling fees, and shipping fees.
All licenses tied to a cancelled arrangement terminate immediately. Cancellations are final. Upon termination, cancellation, or expiration of this agreement, neither you nor any associated entity will have any further right to utilize the content.
If an invoice or license agreement does not specify a term for content storage, you may be permitted to retain a copy for no longer than 30 days from the access date. Following the termination or expiration of your rights to a specific content element, you must cease all usage and promptly delete or destroy digital copies.
One copy of a work incorporating the content may be retained solely for archival purposes as necessary.
protecting licensed content
If content usage is permitted online or via interactive media, you must diligently protect the content to prevent unauthorized copying.
For footage, ensure it remains in its licensed linear production and cannot be searched by shot or downloaded in broadcast-quality resolution.
For wireless devices, images displayed on the licensed platform must not exceed specific dimension limits, as detailed in the agreement.
Proper attribution is a crucial aspect of this agreement. For editorial uses, failure to provide correct credit and copyright notice will result in a penalty of triple the invoice amount. For commercial uses where crediting is customary and appropriate, failing to include the specified credit will incur double the invoice amount.
In the case of footage, copyright attributions to BERNAMA must be provided within the production and as on-screen credits as stipulated in the invoice, matching the credit given to any other provider of comparable services.
language of the agreement
The parties confirm that it is their wish for this agreement, and all related documents including notices, to be written in the English language.
privacy policy and data protection
This section outlines our privacy policy, detailing the usage and protection of information provided when visiting our website.
Personal information excludes data that has been irreversibly anonymized or aggregated, rendering individual identification impossible, even when combined with other data.
We are committed to the principles of legality, legitimacy, and transparency. We process the minimum amount of data necessary for a defined scope of purpose and implement technical and administrative measures to safeguard data security.
use of personal data
Personal data is utilized to verify accounts and user activity, promote safety and security, and monitor for fraud.
This includes investigating suspicious or potentially illegal activities or violations of our terms and policies. Such processing is based on our legitimate interest in ensuring the safety of our products and services.
The types of personal data collected and their usage are described below.
Generally, personal data helps us provide, improve, and develop our products and services, communicate with users, deliver targeted advertising, and protect ourselves and our customers. We also employ other technologies, including data stored on your web browser or device, device-associated identifiers, and software, for similar objectives.
sharing personal data with partners
Certain personal data is shared with strategic partners who collaborate with us to offer products and services or assist with marketing.
This sharing is strictly limited to providing or improving our offerings and advertising. We do not share personal data with third parties for their independent marketing purposes without your explicit prior consent.
Our products and services are intended for adults.
Consequently, we do not knowingly collect, use, or disclose data from children under the age of 18, or the equivalent minimum age in the relevant jurisdiction. If we discover that personal data has been collected from a child under 18, we will take prompt steps to delete it.
If you believe a child under 18 has provided us with personal data, please contact us immediately.
user data rights
We strive to ensure your data is accurate, complete, and up-to-date. You possess the right to access, correct, or delete the personal data we collect.
You can also restrict or object to further processing of your data at any time and have the right to receive your data in a structured, standard format. Complaints regarding personal data processing can be lodged with the relevant data protection authority.
To maintain the privacy and security of your data, we may request information to confirm your identity and your right to access the data.
This also aids us in searching for and providing the personal data we hold.