Essential terms: navigating our content licensing, service agreements, and privacy commitments

Welcome to our comprehensive guide, designed to provide a clear understanding of the terms and conditions governing the use of our services, the intricacies of content licensing, and our unwavering commitment to your privacy.

This document outlines the fundamental principles and obligations for all users interacting with our platform and content, ensuring transparency and clarity in every transaction and engagement. Additionally, you will find important information regarding the Gay Valimont political campaign, its stances, and contribution guidelines, should you choose to support this endeavor.

We encourage you to review these details thoroughly to ensure a seamless and informed experience.

Payment and billing terms: managing your financial obligations

Adhering to our payment schedule is crucial for the uninterrupted provision of services and content.

We strive to make our billing process straightforward, but it is imperative that users understand their responsibilities regarding timely payments and associated charges.

Invoice settlement and late payment penalties

Payment for any services or licensed content is expected within a strict thirty-day (30) period following the issuance date of the relevant invoice.

Alternatively, if a specific payment deadline is explicitly stated on the invoice, that date will take precedence. Failure to settle an invoice by the stipulated due date will result in the application of a late payment charge. This charge amounts to one and one-half percent (1.5%) of the overdue balance, calculated and applied to ensure prompt adherence to payment terms.

Understanding these financial commitments is key to avoiding additional costs.

Calculating content usage and applicable taxes

When licensing footage, any instances of duplicate use, the inclusion of freeze frames, or slow-motion segments will be meticulously calculated based on their actual on-screen running time.

This ensures that all usage is accurately accounted for and billed accordingly, reflecting the true extent of content deployment within your projects. Furthermore, it is the sole responsibility of the licensee to manage and pay all applicable sales and use taxes related to their content acquisition and usage.

We encourage users to be aware of their local and national tax obligations to avoid any unforeseen liabilities.

Cancellation policies and associated fees

We understand that circumstances may lead to the need for cancellation. To initiate a cancellation, a formal notice must be received more than seven (7) days before the scheduled service or content delivery.

Should your cancellation notice fall within this seven-day window, or be submitted later, we regret that no cancellations will be accepted, and you will remain fully liable for the entire amount stated on the invoice. Beyond the content licensing fees, any cancellation will also necessitate the payment of all accrued service charges, production fees, processing and handling charges, as well as any shipping fees incurred up to that point.

Upon a confirmed cancellation, all licenses previously granted in relation to the canceled content or service will be immediately terminated. It is important to note that once a cancellation is processed, it is considered final and cannot be reversed.

Content licensing and usage: protecting intellectual property

The careful management and protection of licensed content are paramount to safeguarding intellectual property rights and ensuring compliance with our agreements.

This section outlines your obligations and restrictions concerning content usage, storage, and protection.

Termination, expiration, and cessation of content use

Upon the termination, cancellation, or expiration of this agreement, or your specific rights pertaining to a content element under an invoice or a license agreement, you and any other individual or entity covered by the original license will immediately lose all further rights to utilize the content in any capacity.

This immediate cessation of use is a critical clause designed to protect the rights holders.

Temporary storage and archival provisions

In instances where a specific retention term is not explicitly detailed within the invoice or license agreement, you may be permitted to store a single copy of the content for a maximum period of thirty (30) days following the date you first accessed it.

This allowance is purely for temporary convenience. Upon the formal termination or expiration of your content rights, you are unequivocally obligated to cease all further use of such content. You must promptly delete or destroy all digital copies of the content in your possession.

An exception is made for archival purposes only: you may retain one single copy of the final work that incorporates the licensed content, strictly for your internal archival needs and not for continued use or distribution.

Ensuring content protection and preventing unauthorized access

When content use is authorized for internet platforms or any other online or interactive media, you are required to exert your absolute best efforts to secure the content effectively.

The primary objective is to prevent unauthorized copying, reproduction, or distribution. For licensed footage, this means implementing measures to ensure that it remains an integral part of the linear production for which it was licensed. Crucially, such footage must not be capable of being searched by individual shot, nor should it be downloadable in broadcast or substantially comparable quality, thereby preserving its integrity and value.

If your licensed platform involves wireless devices, any images displayed on these devices must not exceed dimensions that result in a resolution greater than 1.5 megapixels. These protective measures are non-negotiable and essential for maintaining the value and exclusivity of the licensed material.

Attribution and credit requirements for licensed content

Proper attribution and credit are a fundamental aspect of our agreement, particularly for content provided by BERNAMA.

These requirements are not merely courtesies but material conditions of the licensing agreement, with significant penalties for non-compliance.

  • Editorial uses: For editorial applications of images, failure to provide the correct credit and copyright notice as specified will result in a penalty equivalent to triple the original invoice amount.

    This substantial charge underscores the importance of acknowledging the source of the content in editorial contexts.

  • Commercial uses: In commercial applications, if the inclusion of credit is customary and appropriate for the industry, and you fail to provide the required attribution, you will be liable to pay double the original invoice amount.

    This ensures that commercial entities uphold customary crediting practices.

  • Footage attribution: When licensing footage, you are mandated to provide clear copyright attributions to BERNAMA within the production itself. Furthermore, on-screen credits must be displayed precisely as specified in the invoice.

    These credits must be equal in all respects to any credit given to other providers of comparable services, ensuring fair and prominent recognition for BERNAMA's contributions.

Our commitment to privacy: understanding our privacy policy

Your privacy is of utmost importance to us.

This section details our privacy policy, outlining how we collect, use, protect, and potentially share information obtained during your interactions with our website and services.

Information collection and usage for business transactions

Our privacy policy specifically covers the handling and protection of any information you provide while visiting our website.

We collect information exclusively when you use our website for the purpose of a photo business transaction. This focused approach ensures that data collection is directly tied to the services you seek from us. We are committed to transparency in how your data is managed.

Information sharing with government agencies

In certain circumstances, particularly if you conduct a transaction or send an email containing private information, this data may be shared with other government agencies.

This sharing occurs solely with the objective of enhancing public services, making them more effective and efficient. For example, your feedback via email might be utilized by other agencies for customer satisfaction surveys, contributing to overall service improvement.

Rest assured, such sharing is conducted responsibly and for the stated purpose of public service betterment.

Navigating privacy on linked sites

It is crucial to understand that this privacy policy applies exclusively to our specific website.

When you navigate to external websites via links on our platform, those sites will operate under their own distinct privacy policies. We strongly advise that whenever you transition to another website, you take the time to read and fully comprehend their individual privacy statements.

We cannot be responsible for the privacy practices or content of third-party websites.

Legal and general provisions: the framework of our agreement

This section outlines the overarching legal framework that governs our relationship, covering aspects such as the survival of clauses, the entirety of the agreement, and how modifications are handled.

Survival of agreement clauses

Certain provisions of this agreement are designed to endure beyond its termination or expiration.

Specifically, sections 3, 4(a), 5, 6, 9, 11, 12, 13, and 15 through 27 will remain in full force and effect. This "survival" ensures that critical obligations, rights, and responsibilities—such as those related to payment, content protection, intellectual property, and disclaimers—continue to be upheld even after the primary term of the agreement has concluded.

It is a standard practice designed to protect both parties regarding commitments that extend beyond the active service period.

Entire agreement and enforceability

This document, in conjunction with any listed restrictions, constitutes the complete and exclusive agreement between all parties concerning the subject matter described herein.

It supersedes and integrates all prior and contemporaneous communications, whether oral or written. This means that no previous discussions, representations, or agreements, unless explicitly incorporated, hold any sway over the terms laid out in this document. Should any provision within this agreement be deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will nevertheless remain fully valid and enforceable according to their original terms.

Furthermore, the parties mutually agree that if any provision is found unenforceable, it shall be automatically modified to the minimum extent necessary to render it enforceable, doing so in a manner that most closely aligns with the original intentions of the parties to this agreement.

This clause ensures the continued functionality and integrity of the agreement even in the face of partial legal challenges.

Official language and terms of use modifications

Both parties explicitly confirm their mutual desire and agreement that this entire agreement, along with any related documents including official notices, has been and shall continue to be written exclusively in the English language.

This eliminates any potential ambiguities arising from translation. BERNAMA reserves the unilateral right, at its sole discretion, to modify these terms of use at any time it deems necessary. Any such modification will become immediately effective upon its posting on our platform.

By acquiring, utilizing, or making payment for any content provided by BERNAMA, you inherently agree to be bound by and comply with all the terms outlined in this agreement, including any subsequent modifications. It is therefore incumbent upon users to regularly review these terms to stay informed of any updates.

Access and account management: securing your login details

Your ability to access and utilize our site and services depends on secure account management.

This section details how you can manage your login information, including password resets and account creation.

Password recovery and new account creation

Should you forget your password, there is no need to worry. Simply enter your registered email address into the designated field, and we will promptly send you a secure link to reset your password, allowing you to regain access to your account quickly.

For new users, creating an account is a straightforward process.

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  • Please fill in the required details, including your desired username and a strong password, to establish your login credentials. Providing organizational details, designation, and mobile number helps in account verification and communication.

    User agreement to site access and usage terms

    By accessing and utilizing this site, you, as the 'user,' automatically indicate your explicit approval and agreement to be legally bound by the following terms and conditions.

    The use of this site is governed by these established terms and the accompanying agreement, which outlines your rights and responsibilities as a user. Your continued engagement with our platform signifies your ongoing acceptance of these foundational rules.

    Limited warranty and disclaimers: understanding our guarantees

    This section outlines the specific warranties provided by BERNAMA regarding content quality and intellectual property, alongside crucial disclaimers concerning your responsibilities for third-party clearances.

    BERNAMA's express warranties

    BERNAMA warrants, subject to the various restrictions and limitations detailed within this agreement, the following key assurances:

    1. Intellectual property non-infringement: The content provided under this agreement, when used strictly as authorized herein and subject to section 11, will not infringe upon any copyright, trademark, moral right, right of privacy, right of publicity, or any other intellectual property right belonging to any third party.

      This provides a crucial layer of assurance regarding the legal integrity of the content.

    2. Right to grant licenses: BERNAMA confirms that it possesses sufficient legal rights and authority to enter into this agreement and to lawfully grant you the specific rights and licenses as outlined within this document.

      This ensures that the licenses you receive are valid and enforceable.

    3. Digital content quality: The digital copy of the content supplied by BERNAMA to you will be free from defects in material and workmanship for a period of thirty (30) days following its delivery.

      It is important to note, however, that this warranty does not extend to visual artifacts that may be inherent in the original content itself, recognizing that some historical or source material may naturally contain such characteristics.

    User's sole responsibility for clearances and licenses

    Despite BERNAMA's warranties, it is explicitly understood that you, the user, bear the sole and exclusive responsibility for obtaining any and all necessary releases and clearances that may be required for your specific use of the content.

    This includes, but is not limited to, the following critical areas:

    • Representative guild and union rights: You must secure rights from any applicable representative guild, union, professional organization, or any other authorized representative whose interests might be implicated by your content usage.
    • Music licensing: If any music is incorporated into the licensed content, you are solely responsible for obtaining all necessary master use licenses, synchronization licenses, and performance licenses from the respective copyright proprietors of the applicable master recording(s) and composition(s).

      This also extends to securing licenses from any other persons, firms, associations, societies, or corporations that may own or control the performing rights related to that music. Failing to secure these separate third-party clearances could lead to significant legal liabilities for the user.

    Gay Valimont campaign information: a call to action

    This section provides insight into the Gay Valimont campaign, detailing key issue stances, important contribution guidelines, and information about associated political action committees.

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  • Your engagement and support are vital for powering this campaign.

    Gay Valimont's key issue stances

    Gay Valimont is dedicated to addressing critical issues that impact the community, informed by extensive experience and a deep understanding of public needs.

    Her platform is built on several foundational pillars:

    • Gun violence prevention: Leveraging her significant experience as an activist, Gay Valimont is firmly committed to advocating for and implementing common-sense gun laws.

      Her objective is to enhance the safety and security of all Floridians by promoting responsible firearm legislation.

    • Healthcare accessibility: With a professional background rooted in healthcare, she passionately champions accessible and affordable healthcare for every individual.

      Her aim is to identify and address systemic issues within the current healthcare system, working towards equitable and comprehensive medical services for all.

    • Education system strengthening: Gay Valimont strongly supports initiatives designed to bolster the education system.

      She believes in providing a high-quality education to every child, recognizing that a robust educational foundation is an indispensable cornerstone for future individual and societal success.

    • Economic development and growth: Her focus includes fostering robust economic growth within the district.

      This involves actively supporting local small businesses and working to create new, sustainable job opportunities that contribute to the prosperity of the community.

    Contribution rules and democratic support

    The success of the Gay Valimont campaign relies heavily on the enthusiastic support of grassroots contributors like you.

    Every contribution plays a vital role in powering the campaign forward. When making a contribution, please adhere to the following strict rules:

    • Citizenship and funding: You must be a U.S. citizen or a lawfully admitted permanent resident.

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    • Furthermore, your contribution must originate from your own personal funds, and no other person or entity should be providing you with funds specifically for the purpose of making this contribution.

    • Age requirement: All contributors must be at least eighteen years old to make a lawful donation.
    • Federal contractor status: You must not be a federal contractor at the time of your contribution.
    • Americans living abroad: Americans residing abroad are permitted to contribute through ActBlue, but only while they are physically located within the United States.

    Democrats Work for America is a national-level grassroots political action committee (PAC), established by and for grassroots Democratic activists.

    This effort operates independently and is not formally affiliated with any specific political candidate or candidate's committee. Donations made through this PAC are directed immediately to the respective campaigns, and you have the flexibility to allocate your donations in any proportion you choose across various campaigns.

    Importantly, contributions made to Democrats Work for America are not subject to maximum contribution limits and are not calculated under gift tax regulations, offering a flexible avenue for substantial support.