acquiring the necessary permissions and adhering to specific licensing agreements are paramount when intending to share or utilize digital material beyond the initial scope of agreement.
this often necessitates securing an additional license, accompanied by a stipulated one-time fee, to broaden the content's availability to a wider audience than initially authorized. it's important to understand that any material provided for internal evaluation purposes, often referred to as 'comps,' can only be used for that specific, limited evaluation to ascertain whether a formal license for rights-managed or royalty-free content is desired.
these comps have a defined usage period, typically thirty days from the date of download or receipt, unless explicitly stated otherwise on an accompanying invoice.
once this designated period expires, the use of comps must cease unless a valid license for rights-managed or royalty-free content has been obtained for that specific material.
failure to secure the appropriate license post-term obligates the user to destroy all copies of the comps content. the content itself is intended solely for your personal use, with the end application being restricted to your own internal needs. unless specifically permitted within the agreement, or when the content is integrated into an approved end-use, you are prohibited from selling, renting, loaning, gifting, sublicensing, or otherwise transferring the content, or any rights associated with its reproduction, to any third party.
intellectual property and ownership rights
ownership and all associated intellectual property rights for all content, including copyrights, patent rights, trademarks, trade secrets, and all other proprietary rights, remain with BERNAMA and its designated content sources.
the licenses granted under this agreement are strictly limited to those explicitly outlined; no other rights or permissions are conferred. any rights, title, or interest that may arise from compilations or derivative works created using the content are not transferable and do not grant any rights to use the content beyond what is permitted herein.
warranty disclaimers and content integrity
BERNAMA, along with its content providers, disclaims all other warranties, whether express, implied, or statutory, concerning any content, its online systems, or any rights and licenses granted under this agreement.
this includes, but is not limited to, any implied warranties of merchantability or fitness for a particular purpose. these limitations are enforceable even if they fail to achieve their essential purpose.
editorial and fine art content considerations
special ethical guidelines apply when working with editorial, news, and fine art content.
users bear sole responsibility for any claims stemming from modifications or alterations made to such content. this includes indemnifying BERNAMA for any such claims, with the exception of standard color correction, minor cropping for space constraints, or adjustments to accompanying caption information.
user indemnification obligations
you agree to indemnify and hold BERNAMA, its content sources, officers, directors, employees, contractors, subsidiaries, joint ventures, licensors, and licensees harmless from and against all claims.
this includes, but is not limited to, claims asserted by third parties, liabilities, damages (including punitive damages), judgments, settlements, costs, and expenses, including reasonable legal fees and disbursements, arising from or related to your actions or use of the content.
however, BERNAMA is not obligated under this indemnification clause unless it receives written notification of the claim within ten days of your awareness.
BERNAMA also retains the right to control the defense of any such claim. it is important to note that BERNAMA assumes no obligation regarding claims covered under section 9 of this agreement.
access versus usage rights
simply having access to content does not automatically grant you the right to use it.
unless explicitly stated on the relevant invoice or the specific content web page for the licensed material, the rights granted by BERNAMA do not extend to rights related to individuals, places, property (whether real or personal), or any other subject matter depicted within the content.
BERNAMA makes no representations or warranties regarding its ownership or licensing of such underlying rights.
all content may be protected by copyrights, trademarks, rights of publicity, moral rights, property rights, or other rights belonging to third parties.
it is your sole responsibility to determine whether your intended use of any content requires the consent of any other party or the acquisition of additional rights. you should not solely rely on information provided by BERNAMA for this determination.
obtaining necessary permissions and clearances
you are exclusively responsible for obtaining all necessary releases and clearances.
this includes, but is not limited to, permissions for the use of names, likenesses, voices, performances, or other proprietary rights of any individual, as well as permissions for the use of any property, trademarks, or copyrighted material owned by third parties that may be depicted in the content.
if you are uncertain about the need for additional rights, it is your responsibility to consult with qualified legal counsel.
no employee or representative of BERNAMA is authorized to make any representations or warranties beyond those explicitly stated in this agreement, and you should not rely on any such unauthorized statements.
unauthorized use and penalties
you do not acquire, nor can you claim, any rights, including trademark or copyright, in the content itself beyond the scope of the permitted end-use.
unauthorized use of content constitutes an infringement of copyright and other applicable rights. this infringement entitles BERNAMA to exercise all rights and remedies available under copyright and other laws, including seeking monetary damages from all users and beneficiaries of such unauthorized use.
BERNAMA reserves the right, at its sole discretion, to bill you for unauthorized use.
by agreeing to these terms, you consent to pay ten times the applicable license fee for any unauthorized use, in addition to any other fees, damages, or penalties that BERNAMA may be entitled to under this agreement and applicable law.
billing, payment, and late fees
in certain circumstances, as detailed in the applicable invoice, you may be obligated to pay BERNAMA a royalty based on usage.
you may also be required to submit accountings or other records to verify your use of the content. payment is due within thirty days of the invoice date or the date specified on the invoice, whichever occurs first. a late payment charge of one and one-half percent (1.5%) per month will be applied to overdue amounts.
for any duplicate usage of footage, freeze frames, or slow-motion sequences, charges will be calculated based on the actual on-screen running time of the footage.
you are responsible for the payment of all applicable sales and use taxes.
cancellation policies and termination
cancellations are only accepted if notice is received more than seven days prior to the agreed-upon usage or delivery date. if cancellation notice is not received within this timeframe, you will be responsible for and must pay the full invoice amount.
for any accepted cancellations, you are also liable for any associated service charges, production fees, processing and handling fees, and shipping fees.
upon cancellation, all licenses applicable to the cancelled content will terminate immediately. all cancellations are considered final.
following any termination, cancellation, or expiration of this agreement, neither you nor any other entity covered by the granted license will have any further right to utilize the content.
content retention and archival
if the invoice or license agreement does not specify a retention term, you may be permitted to store a copy of the content for a maximum of 30 days following the date you access it.
upon the termination or expiration of your rights to a content element under an invoice or license agreement, you must cease all use of that content and promptly delete or destroy any digital copies. an exception is made for retaining one copy of any work you have created that incorporates the content, strictly for archival purposes and only to the extent necessary.
child data protection
we are committed to protecting children's privacy and do not knowingly collect, use, or disclose data from individuals under the age of 18, or the equivalent minimum age as defined by the relevant jurisdiction.
should we become aware that we have inadvertently collected personal data from a child below this age threshold, we will promptly take steps to delete such data.
if you discover that a child under 18 has provided us with personal data, please contact us immediately.
we implement reasonable measures to ensure the accuracy, completeness, and up-to-dateness of your data. you possess the right to access, correct, or request the deletion of personal data collected by us.
furthermore, you have the right to restrict or object to the processing of your data at any time.
you are also entitled to receive your data in a structured, commonly used, and machine-readable format. should you wish to raise a concern regarding the processing of your personal data, you have the right to file a complaint with the relevant data protection authority.
exercising your data rights
to safeguard the privacy and security of your data, we may request specific information from you to confirm your identity and your right to access the data in question.
this is done to facilitate the search for and provision of the personal data we maintain. in certain situations, applicable laws or regulatory requirements may permit or mandate that we decline to provide or delete some or all of the personal data we hold.
you can contact us directly to exercise any of your rights.
we commit to responding to your requests within a reasonable timeframe, typically no longer than 30 days.
third-party privacy practices
when customers access or link to third-party websites that have a relationship with us, we do not assume any obligation or responsibility for those third parties' privacy policies.
consequently, we are not liable for the privacy practices adopted by these third parties, nor for the information or content contained within their products and services.
our websites, products, and services may feature links to third-party websites, products, and services, or provide you with the means to access them.
we encourage you to review the privacy policies of any third parties before continuing to engage with their websites, products, or services.
data security and retention
we employ reasonable technical, administrative, and physical security measures to protect your data and prevent unauthorized access.
these measures also ensure the correct use of the data we collect. we will retain your personal data for the duration necessary to fulfill the purposes outlined in this privacy statement, unless a longer retention period is legally required or permitted.