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accessing online content does not automatically grant you the right to use it. unless explicitly stated otherwise in your invoice or the specific content web page, the permissions granted by BERNAMA do not include a license for any underlying rights.

BERNAMA does not guarantee ownership or licenses related to individuals, locations, property, or any other subject matter depicted within the content.

all content is potentially protected by copyrights, trademarks, rights of publicity, moral rights, property rights, or other claims belonging to third parties.

you bear the sole responsibility for determining whether your intended use of any content requires consent from another party or the acquisition of additional rights. it is crucial not to rely solely on the information provided by BERNAMA for this assessment.

you are exclusively responsible for obtaining all necessary releases and clearances.

this includes, but is not limited to, ensuring you have the right to use any person, place, or property featured. if you are uncertain about the need for additional rights, seeking advice from qualified legal counsel is your responsibility.

bernama's commitment to clarity and your obligations

no BERNAMA employee or representative can provide assurances beyond what is formally stated in your agreement.

you do not, and will not claim, any trademark, copyright, or other rights in the content itself, separate from the approved end use. using content without authorization constitutes an infringement of copyright and other applicable laws. this infringement entitles BERNAMA to pursue all legal rights and remedies, 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.

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you agree to pay ten times the standard license fee for any such infringement, in addition to any other fees, damages, or penalties that BERNAMA may be entitled to under this agreement and relevant laws.

payment terms and royalty obligations

as outlined in your invoice, you may be obligated to pay BERNAMA a use-based royalty.

this can also include the requirement to submit accounting records or other documentation to verify your use of the content. payment is due within thirty (30) 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 any overdue amounts.

for footage, any duplicate use, freeze frames, or slow-motion sequences will be calculated based on the actual on-screen running time of the footage.

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you are responsible for paying all applicable sales and use taxes.

cancellation policies and their implications

cancellations are only accepted if BERNAMA receives the notice more than seven (7) days before the agreed-upon date. if this seven-day period is not met, no cancellations will be accepted, and you will be responsible for the full invoice amount.

for any accepted cancellations, you will also be liable for all service charges, production fees, processing and handling fees, and shipping fees.

upon cancellation, all licenses applicable to the cancelled content will immediately terminate. all cancellations are considered final.

following any termination, cancellation, or expiration of this agreement, neither you nor any other entity covered by the license granted to you will retain any further right to utilize the content.

content storage and post-termination obligations

if your invoice or license agreement does not specify a term for content storage, you may be permitted to retain a copy for a maximum of 30 days from the date you first accessed the content.

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upon the termination or expiration of your rights to a content element, you must cease all use of that content. promptly delete or destroy any digital copies. however, you may keep one copy of any work you create that incorporates the content, solely for archival purposes.

protecting licensed content

if the use of content is permitted on the internet or other online interactive media, you must employ your best efforts to protect the content.

this includes preventing unauthorized copying. for footage, you must ensure it remains within the linear production for which it was licensed and cannot be searched by shot or downloaded in broadcast-quality or comparable resolution.

if your licensed platform is a wireless device, images may not be displayed at dimensions exceeding 1.5 times their original size.

receiving credit is a significant aspect of your agreement with BERNAMA. for editorial uses of images, failure to provide proper credit and copyright notice will result in a charge triple the invoice amount. for commercial uses, not including customary and appropriate credit will incur a charge double the invoice amount.

for footage, you must provide copyright attributions to BERNAMA within the production and on-screen credits as specified in the invoice.

these credits should be equal in stature to any credit given to other providers of comparable services.

legal framework and privacy

the parties involved confirm their explicit wish for this agreement and all related documents, including notices, to be drafted and interpreted in the English language.

this privacy policy outlines how BERNAMA handles and protects any information you provide when visiting our website.

if you engage in a transaction or send an email containing your private information, this data may be shared with other government agencies.

this sharing is intended to facilitate more effective and efficient public services, such as responding to customer satisfaction surveys. BERNAMA collects your information solely for photo business transactions conducted through our website.

this privacy policy applies exclusively to our site.

we advise you to be aware that linked external sites may have different privacy policies. when navigating to another website, we recommend reviewing and understanding their privacy statements.

agreement survival and miscellaneous provisions

certain sections of this agreement, specifically sections 3, 4a, 5, 6, 9, 11, 12, 13, and 15 through 27, will continue to be in effect even after the termination or expiration of the main agreement.

this agreement, along with any listed restrictions, represents the complete understanding between the parties regarding its subject matter.

it supersedes and merges all prior and contemporaneous communications. should any provision of this agreement be deemed invalid or unenforceable, the remaining provisions will remain valid and enforceable according to their terms. the parties agree that if any provisions are found to be unenforceable, they will be modified to the extent necessary to become enforceable.

this modification will aim to align as closely as possible with the original intentions of the parties to this agreement.

navigating content usage agreements: a comprehensive guide