a penalty of one and a half percent will be applied for late payments. also, any duplication of footage, the use of freeze frames, or slow motion will be billed based on the actual amount of time the footage is visible on the screen.
you are responsible for paying all applicable sales and usage taxes.
if cancellation is requested more than seven days in advance, we won't accept it, and you'll be responsible for paying the full invoice amount. in case of any cancellation, you're also responsible for any service charges, production fees, processing and handling fees, and shipping costs incurred.
upon cancellation, any relevant licenses will be immediately terminated.
all cancellations are considered final.
following the termination, cancellation, or expiration of this agreement, neither you nor anyone covered by the license can use the content in any way.
if the invoice or license agreement doesn't specify a term, you can store a copy of the content for a maximum of 30 days from the date you access it.
when your rights to a content element expire, you must stop using it and delete all digital copies, except for one archival copy of your work incorporating the content.
if you're allowed to use content online, you must do your best to protect it from being copied.
for footage, ensure it stays in the linear production it was licensed for and can't be easily searched, downloaded, or broadcast in high quality.
if your platform is a wireless device, images can't be displayed larger than 1. proper credit is essential for bernama; if you don't provide credit and copyright notice for editorial use of images, you'll have to pay triple the invoice amount.
for commercial uses, you'll pay double the invoice if you don't include credit when it's customary and appropriate.
for footage, provide copyright attributions to bernama in the production and on-screen credits, matching any credit given to other similar service providers.
this agreement and all related documents, including notices, are intended to be written in english.
regarding our privacy policy: this explains how we use and protect the information you give us when you visit our website.
if you make a transaction or send an email with private information, it might be shared with other government agencies to provide better public services.
for instance, customer satisfaction surveys might require feedback from other agencies via email.
we collect your information when you use our website, specifically for photo business transactions. this privacy policy only applies to this site, so be aware that linked sites may have different policies.
when you visit another site, we recommend reading its privacy statement.
sections 3, 4(a), 5, 6, 9, 11, 12, 13, and 15-27 will remain in effect even after the agreement ends. this agreement and any listed restrictions constitute the entire agreement and supersede all prior communications about its subject matter.
if any part of this agreement is invalid or unenforceable, the rest of it remains valid.
if a provision is deemed unenforceable, it will be modified to make it enforceable, coming as close as possible to the original intent of the parties.
bernama can modify these terms of use at any time, and the modification takes effect immediately upon posting. by using or paying for content from bernama, you agree to comply with all the terms of this agreement.
if you forget your password, enter your email address, and we'll send you a reset link.
to create your login, please provide your organization, designation, mobile number, username, and password. accessing and using this site means you agree to be bound by the following terms: 1.
bernama warrants that, within the agreement's restrictions, the content, when used as authorized, won't infringe on any third party's copyright, trademark, moral right, privacy right, publicity right, or other intellectual property right.
it also warrants that it has the rights to enter this agreement and grant you the rights provided. the digital copy of the content will be free from material and workmanship defects for 30 days after delivery, excluding visual artifacts inherent in the original content.
you're responsible for obtaining all necessary releases and clearances, including rights from any representative guild, union, professional organization, or authorized representative.
if music is included, you need master use, synchronization, and performance licenses from the copyright owners of the recordings and compositions, and any other relevant rights holders.
a. your privacy is important. this page details our privacy policy, covering how we use and protect the information you provide on our website.
remember me. we only share personal data with companies that help us improve our products, services, and advertising; we don't share it with third parties for their own marketing without your express consent.
our products and services are designed for adults.
we don't knowingly collect data from children under 18 (or the equivalent age in your jurisdiction). if we learn we've collected personal data from a child under that age, we'll delete it as soon as possible.
if you discover a child under 18 has provided us with personal data, please contact us immediately.
we take steps to ensure your data is accurate, complete, and current. you can access, correct, or delete the personal data we collect.
you also have the right to restrict or object to further processing of your data.
you can receive your data in a structured, standard format. you can file a complaint with the data protection authority about how your data is processed.
to protect your data's privacy and security, we may ask you for information to confirm your identity, your right to access the data, and to help us locate and provide the personal data we hold.
in some cases, laws or regulations might prevent us from providing or deleting some or all of your data.
you can contact us to exercise your rights. we'll respond within a reasonable timeframe, usually within 30 days.
we aren't responsible for the privacy policies of third-party websites linked to ours.
our websites, products, and services might contain links to third-party sites, or allow you to access them. we're not responsible for these third parties' privacy practices, or for the information or content in their products and services.
this privacy statement only covers data we collect through our products and services.
we advise you to read the privacy policies of any third parties before using their websites, products, or services.
diving deeper into content licensing and usage terms
understanding the nuances of content licensing and usage terms is crucial in today's digital landscape.
from images and videos to music and text, various types of content are governed by specific rules that dictate how they can be used, distributed, and modified. failing to adhere to these terms can lead to legal repercussions, financial penalties, and damage to one's reputation.
let's explore some key aspects of content licensing and usage agreements:
the importance of understanding licensing agreements
licensing agreements are legally binding contracts that outline the rights and responsibilities of both the content creator and the user.
they define the scope of permitted use, including factors like:
- duration: how long the license is valid.
- territory: where the content can be used.
- purpose: what the content can be used for (e.g., commercial, editorial, personal).
- modifications: whether the content can be altered or adapted.
- attribution: how the content creator should be credited.
it's essential to carefully review and understand these terms before using any content.
ambiguity or misunderstanding can lead to unintentional infringement.
key clauses in content licensing agreements
several clauses are commonly found in content licensing agreements:
- grant of rights: this section specifies the exact rights being granted to the user.
- restrictions: this outlines any limitations on how the content can be used.
- payment terms: this details the fees associated with the license.
- termination: this describes the circumstances under which the agreement can be terminated.
- indemnification: this protects the content creator from liability resulting from the user's misuse of the content.
- warranty: this is a guarantee from the content creator that they have the right to license the content.
copyright considerations
copyright law protects original works of authorship, including literary, dramatic, musical, and certain other intellectual works.
it grants the copyright holder exclusive rights to reproduce, distribute, display, and create derivative works based on their content. licensing agreements provide a legal framework for others to use copyrighted content without infringing on the copyright holder's rights.
fair use doctrine
the fair use doctrine is an exception to copyright law that allows limited use of copyrighted material without permission from the copyright holder.
it applies in specific circumstances, such as criticism, commentary, news reporting, teaching, scholarship, and research. the determination of fair use depends on several factors, including:
- the purpose and character of the use.
- the nature of the copyrighted work.
- the amount and substantiality of the portion used.
- the effect of the use upon the potential market for or value of the copyrighted work.
it's important to note that fair use is a complex legal concept, and it's best to seek legal advice if you're unsure whether your use of copyrighted material qualifies.
navigating data protection and privacy in the digital age
in today's data-driven world, protecting personal information is more critical than ever.
businesses collect vast amounts of data from their customers, including names, addresses, email addresses, financial information, and browsing history. it's essential to understand your rights and responsibilities regarding data protection and privacy.
key principles of data protection
several key principles underpin data protection laws and regulations:
- lawfulness, fairness, and transparency: data must be processed lawfully, fairly, and transparently.
- purpose limitation: data must be collected for specified, explicit, and legitimate purposes.
- data minimization: only data that is adequate, relevant, and limited to what is necessary should be collected.
- accuracy: data must be accurate and kept up to date.
- storage limitation: data should be kept for no longer than is necessary.
- integrity and confidentiality: data must be processed in a manner that ensures its security.
- accountability: data controllers are responsible for complying with data protection principles.
gdpr compliance
the general data protection regulation (gdpr) is a comprehensive data protection law that applies to organizations operating within the european union (eu) and to organizations that process the personal data of eu residents, regardless of their location.
key requirements of the gdpr include:
- obtaining consent for data processing.
- providing data subjects with access to their personal data.
- allowing data subjects to rectify inaccurate data.
- erasing personal data under certain circumstances ("right to be forgotten").
- restricting the processing of personal data.
- data portability (the right to receive personal data in a structured format).
- appointing a data protection officer (dpo) in certain cases.
- implementing data protection by design and by default.
- conducting data protection impact assessments (dpia) for high-risk processing activities.
- notifying data breaches to supervisory authorities within 72 hours.
ccpa compliance
the california consumer privacy act (ccpa) is a state law that grants california residents several rights regarding their personal information.
these rights include:
- the right to know what personal information is being collected about them.
- the right to access their personal information.
- the right to delete their personal information.
- the right to opt-out of the sale of their personal information.
- the right to non-discrimination for exercising their ccpa rights.
data security best practices
implementing robust data security measures is crucial for protecting personal information from unauthorized access, use, or disclosure.
some best practices include:
- implementing strong passwords and multi-factor authentication.
- encrypting sensitive data at rest and in transit.
- regularly patching software and systems to address security vulnerabilities.
- conducting security awareness training for employees.
- implementing access controls to limit who can access sensitive data.
- regularly backing up data to prevent data loss.
- monitoring systems for suspicious activity.
- developing a data breach response plan.
conclusion
navigating the complexities of content licensing and data protection requires a thorough understanding of applicable laws, regulations, and best practices.
by carefully reviewing licensing agreements, adhering to data protection principles, and implementing robust security measures, individuals and organizations can protect themselves from legal and reputational risks and ensure the responsible use of content and personal information in the digital age.
continuous learning and adaptation are key to staying ahead of evolving legal and technological landscapes.