Navigating the landscape of digital content requires a clear understanding of the terms that govern its use, distribution, and protection. At BERNAMA, we are committed to providing high-quality journalistic and media content to our partners and licensees.
This document outlines our comprehensive terms of service, detailing the obligations and responsibilities associated with licensing our content, alongside our robust privacy policy, which explains how we manage and safeguard your personal information.
It is imperative that all users and licensees thoroughly review these guidelines, as they form the foundational agreement for any engagement with BERNAMA's extensive archive and current offerings.
Our aim is to foster a transparent and equitable relationship with all our clients.
These terms ensure that the value of the content we produce is respected, that our operational processes run efficiently, and that your personal data is handled with the utmost care and security. By accessing, utilizing, or making payments for any content obtained from BERNAMA, you explicitly agree to be bound by, and comply with, all the stipulations presented within this detailed agreement.
We believe that a well-understood framework is key to a successful and long-lasting partnership in the dynamic world of media and information.
Terms of service and content licensing agreement
The following sections delineate the specific conditions under which BERNAMA's content may be licensed and utilized.
These provisions cover crucial aspects such as payment terms, cancellation procedures, content protection measures, and proper attribution requirements, ensuring clarity and fairness for all parties involved.
Payment obligations and royalty structures
Your acquisition of content from BERNAMA carries a direct obligation to remit payment as specified in the applicable invoice.
This may encompass a use-based royalty structure, particularly for specialized content, necessitating the submission of detailed accounting records or other verifiable documentation to confirm your content usage. This transparency allows us to accurately assess and manage royalty distributions, ensuring fair compensation for our creators and ongoing investment in high-quality content production.
- Invoice payment schedule: All payments are strictly due within thirty calendar days from the date the applicable invoice is issued.
In instances where an alternative payment date is explicitly stipulated within the invoice, that specified date shall take precedence. Adherence to these deadlines is paramount for maintaining uninterrupted access to our licensed content and services.
- Late payment policy: Failure to remit payment by the designated due date will result in the application of a late payment charge.
This charge is calculated at one and one-half percent (1.5%) per month, or the maximum rate permitted by law, whichever is lower, applied to the overdue balance. This fee helps offset the administrative costs associated with processing delayed payments and encourages timely financial management.
- Duplicate usage calculation: For instances involving the duplicate usage of footage, freeze frames, or slow-motion segments, the calculation of applicable fees shall be based on the actual on-screen running time of the footage.
This precise measurement ensures that usage is accurately accounted for and billed, reflecting the true extent of content deployment in your productions.
- Tax responsibilities: As a licensee, you bear sole responsibility for the payment of all applicable sales and use taxes, as well as any other governmental charges or duties that may arise from your acquisition and use of BERNAMA's content.
We advise all clients to consult with their tax advisors to understand and fulfill their specific obligations in this regard.
Cancellation policy and associated liabilities
Understanding our cancellation policy is critical, as it outlines the conditions under which a content license agreement may be terminated and the financial implications thereof.
This policy is designed to balance the flexibility required by licensees with the production and administrative commitments made by BERNAMA.
- Cancellation timeframe: If a cancellation notice is received more than seven (7) days after the initial agreement or invoice date, no cancellations will be accepted.
In such cases, you will remain fully responsible for, and are required to pay, the entire amount of the invoice. This policy reflects the resources and effort committed to content preparation and allocation within this timeframe.
- Liability for charges: In the event of any accepted cancellation, you will be liable to pay any and all service charges, production fees, processing and handling fees, and shipping fees incurred up to the point of cancellation.
These charges cover the direct costs associated with fulfilling your initial content request.
- License termination upon cancellation: All licenses applicable to the cancelled content shall immediately and irrevocably terminate upon the processing of the cancellation.
This means any rights granted to use the content cease to exist from that moment forward.
- Finality of cancellations: All cancellations, once processed and confirmed by BERNAMA, are final and cannot be reversed. This ensures clarity and stability in our content licensing agreements.
- Post-termination content use: Upon any termination, cancellation, or expiration of this agreement, neither you nor any other person or entity covered by the license granted under this agreement shall retain any further right to make any use of the content.
Strict adherence to this provision is essential to protect BERNAMA's intellectual property.
Content storage, retention, and deletion protocols
Managing digital assets responsibly is a cornerstone of content licensing. These provisions detail the permissible duration for content storage and the necessary steps for its deletion upon the conclusion of your licensing rights, ensuring both compliance and data integrity.
- Temporary storage: Unless a longer retention period is explicitly included in your specific invoice or license agreement, you may be permitted to store a single copy of the content for a period not exceeding thirty (30) days following the date you first accessed such content.
This temporary storage facilitates integration into your projects.
- Cessation of use and deletion: Upon the termination or expiration of your rights with respect to a content element under an invoice or a license agreement, you are obligated to cease all use of such content immediately.
Furthermore, you shall promptly delete or destroy all digital copies of the content from your systems.
- Archival retention: An exception to the deletion requirement allows you to retain one (1) single copy of the work you created that incorporates the content.
This retention is permissible solely as necessary for internal archival purposes, such as maintaining a record of past projects for compliance or historical reference. This archival copy must not be used for any further distribution or public display.
Protection of content integrity and security
BERNAMA places a high priority on the protection of its content against unauthorized copying, distribution, and misuse.
Licensees are expected to implement robust measures to safeguard the integrity of the licensed material, especially when it is deployed across online and interactive platforms.
- Online media protection: If the use of content is permitted on the internet or any other online or interactive media, you shall employ your utmost efforts to protect the content.
This includes implementing technical and administrative safeguards to ensure that the content cannot be copied or easily extracted by third parties.
- Footage specific protections: For licensed footage, you must ensure that it remains within the linear production for which it was licensed.
Crucially, the footage must not be capable of being searched by shot, nor should it be downloadable in broadcast or substantially comparable quality by end-users. These measures prevent unauthorized repurposing or high-quality extraction.
- Display limitations for wireless devices: If your licensed platform primarily consists of a wireless device, such images may not be displayed on the licensed platform at dimensions greater than 1.2 megapixels.
This limitation helps manage bandwidth usage and deters high-resolution extraction on mobile platforms.
Credit and copyright attribution requirements
Proper attribution is not merely a formality; it is a material aspect of the agreement for BERNAMA, recognizing the intellectual effort and resources invested in content creation.
Adhering to these credit requirements is essential for upholding the integrity of our intellectual property rights.
- Editorial usage credits: In all editorial uses of images, you agree to provide proper credit and copyright notice to BERNAMA.
Failure to do so will result in a penalty, requiring you to pay triple the original invoice amount. This substantial penalty underscores the critical importance we place on proper attribution in editorial contexts.
- Commercial usage credits: For commercial uses, if crediting is customary and appropriate within your industry or specific use case, and you fail to include the required credit, you agree to pay double the original invoice amount.
This acknowledges the commercial implications of proper branding and source recognition.
- Footage attribution: When using BERNAMA footage, you shall provide clear copyright attributions to BERNAMA within the production itself.
Additionally, on-screen credits, as specified in your invoice, must be included. These credits must be equal in all respects to any credit accorded to any other provider of comparable services, ensuring equitable recognition.
General legal provisions
These overarching legal clauses govern the interpretation, modification, and enforceability of the entire agreement, ensuring legal clarity and stability.
- Governing language: The parties hereto unequivocally confirm their mutual desire that this agreement, along with any other related documents, including notices, has been and shall continue to be written exclusively in the English language.
This ensures consistent interpretation across all communications.
- Survival of terms: Specific sections of this agreement are designed to survive the termination or expiration of the overall agreement. These include, but are not limited to, sections 3 (payment), 4a (cancellation liability), 5 (content protection), 6 (credit), 9 (limited warranty), 11 (user responsibility for releases), 12 (adults only), 13 (data accuracy), and 15 through 27 (privacy rights and miscellaneous provisions).
The survival of these clauses ensures that certain obligations and rights persist even after the main agreement concludes.
- Entire agreement clause: This document, coupled with any explicitly listed restrictions, constitutes the complete and entire agreement between the parties concerning the subject matter herein.
It supersedes and merges all prior and contemporaneous communications, understandings, and agreements, whether oral or written, related to the content licensing and privacy practices.
- Severability and enforceability: Should any provision of this agreement be found invalid or unenforceable by a court of competent jurisdiction, the remainder of this agreement shall nevertheless remain fully valid and enforceable according to its terms.
Furthermore, the parties agree that if any provisions are deemed unenforceable, they shall be automatically modified to the minimum extent necessary to make them enforceable. This modification will be enacted in a manner that most closely aligns with the original intentions of the parties to this agreement, ensuring the maximum possible legal effect.
- Modification of terms: BERNAMA explicitly reserves the right, at its sole discretion, to modify these terms of use at any time.
Any such modification shall become effective immediately upon its posting on our website or relevant platforms. By continuing to obtain, use, or pay for any content from BERNAMA after such modifications have been posted, you agree to be bound by and comply with all the updated terms of this agreement.
We encourage regular review of these terms to stay informed of any changes.
Limited warranty and disclaimers
BERNAMA provides specific assurances regarding the content, while also outlining the responsibilities that remain with the licensee for securing necessary third-party rights.
- BERNAMA's warranties: Subject to the restrictions and limitations detailed within this agreement, BERNAMA warrants the following:
- That the content, as provided and when used as authorized in this agreement (and subject to section 11 below), 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.
- That BERNAMA possesses sufficient rights and authority to enter into this agreement and to grant you the content usage rights as provided herein.
- That 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 delivery.
It is important to note that this warranty specifically excludes visual artifacts or inherent qualities present in the original source content itself, which are not considered defects.
- Licensee's responsibility for releases and clearances: You, as the licensee, bear sole and absolute responsibility for obtaining any and all necessary releases, consents, and clearances that may be required for your specific use of the content.
This includes, but is not limited to:
- Rights from any representative guild, union, professional organization, or other authorized collective bargaining representative, particularly when the content features individuals or elements covered by such organizations.
- If any music is incorporated or included within the content, it is your responsibility to obtain all requisite master use, synchronization, and performance licenses.
These must be secured from the copyright proprietors of the applicable master recording(s) and composition(s), as well as from any other persons, firms, associations, societies, or corporations that may own or control the performing rights thereto. Failure to secure these licenses can lead to significant legal liabilities, for which BERNAMA assumes no responsibility.
Privacy policy
At BERNAMA, your privacy is of paramount importance.
This section of our agreement explains our comprehensive privacy policy, detailing how we collect, use, protect, and manage any personal information you provide to us when you visit our website or interact with our services. We are committed to maintaining the confidentiality and security of your data.
Information collection and usage
We believe in transparent data practices, collecting only what is necessary for our operational purposes and for enhancing the services we provide.
- Purpose of collection: We primarily collect your information when you engage with our website for the sole purpose of facilitating photo business transactions and other legitimate content licensing activities.
This ensures we can effectively process your requests, manage your account, and deliver the content you license.
- Information sharing for public services: Should you engage in a transaction or send an email containing your private information, this data may be shared with other relevant government agencies.
This sharing is strictly limited to the purpose of providing the public with services that are more effective and efficient, such as improving customer satisfaction through surveys requiring feedback from various agencies.
- Website specific application: This privacy policy applies exclusively to this specific BERNAMA site.
We want to make you aware that any linked sites, which you may navigate to from our platform, may operate under entirely different privacy policies. Therefore, when transitioning to another site, we strongly recommend that you take the time to read and thoroughly understand the privacy statement of that particular site.
Your awareness ensures your data privacy preferences are met across different platforms.
Commitment to child privacy
Protecting children's online privacy is a critical aspect of our data protection philosophy.
Our services are intended solely for adults.
- Age restriction: Our products and services are specifically designed and intended for use by adults. Therefore, we do not knowingly collect, use, or disclose personal data from children under the age of eighteen (18) or the equivalent minimum age specified by the applicable jurisdiction.
- Data deletion for minors: If we become aware that we have inadvertently collected personal data from a child under the age of 18, or the relevant minimum age, we will undertake immediate and decisive steps to delete that data as swiftly as possible from our systems.
- Reporting child data: If you discover or suspect that a child under the age of 18 has provided us with personal data, please contact us immediately using the provided communication channels.
Your vigilance helps us maintain a secure and compliant online environment for all users.
Your individual data rights
BERNAMA fully recognizes and upholds your fundamental rights concerning your personal data. We are committed to empowering you with control over your information.
- Data accuracy and updates: We take reasonable steps to ensure that your personal data is accurate, complete, and kept up-to-date.
This commitment helps us provide you with the most relevant and efficient services.
- Access, correction, and deletion: You have the unequivocal right to access the personal data we collect from you, to request corrections to any inaccuracies, or to demand the deletion of your data when it is no longer necessary for the purposes for which it was collected, or when you withdraw consent.
- Restriction and objection: Furthermore, you possess the right to restrict or object to the further processing of your data at any time, subject to legitimate grounds for such processing.
- Data portability: You have the right to receive your personal data in a structured, commonly used, and machine-readable format, allowing for data portability to another service provider if desired.
- Right to complain: You retain the right to file a complaint with the competent data protection authority regarding our processing of your personal data, should you feel your rights have been violated.
- Identity verification for data access: To protect the privacy and security of your personal data, we may require you to provide specific data that allows us to confirm your identity and verify your right to access such data.
This measure is essential before we search for and provide you with the personal data we maintain.
- Refusal of access/deletion: In certain instances, 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.
These exceptions are typically in place to comply with legal obligations, for public interest, or to protect the rights and freedoms of others.
- Responding to requests: You can contact us at any time to exercise these rights. We commit to responding to your request within a reasonable timeframe, and in all cases, within a maximum of thirty (30) days from the receipt of your request.
Third-party links and external websites
Our digital platforms may integrate with or link to external resources.
It is crucial to understand the scope of our responsibility in such interactions.
- Disclaimer for third-party policies: When customers operate links to third-party websites that may have a relationship with BERNAMA, we do not assume any obligation or responsibility for the privacy policies adopted by these third parties.
Our privacy policy is confined to our own services.
- Scope of responsibility: Our websites, products, and services may contain links to third-party websites, products, and services, or provide you with the ability to access such third-party offerings.
We are not, however, responsible for the privacy practices adopted by these third parties, nor are we accountable for the information or content contained within their respective products and services.
- Recommendation for due diligence: This privacy statement applies only to data we collect through our products and services.
We strongly encourage you to read the privacy policies of any third parties thoroughly before you continue to use their websites, products, or services.
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This proactive approach ensures you are fully aware of how your data might be handled by external entities.
Data security measures
The security of your personal data is a top priority for BERNAMA. We implement a multi-faceted approach to protect your information.
- Comprehensive security protocols: We employ a combination of reasonable technical, administrative, and physical security measures.
These protocols are designed to safeguard your personal data against unauthorized access, disclosure, alteration, and destruction, as well as to ensure the correct and authorized use of the data we collect. Our commitment to data security is an ongoing process, involving continuous evaluation and updates to our protective frameworks.
By understanding and acknowledging these terms and policies, you contribute to a secure and respectful digital environment for all participants.
BERNAMA remains dedicated to upholding these principles as we continue to provide valuable content and services to our global audience.