understanding data privacy and content usage policies

our products and services are designed for adult use. therefore, we do not intentionally collect, use, or share data from children under 18 years of age, or the minimum age specified by local regulations.

should we discover that we have inadvertently collected personal information from a child under the legally defined age, we will promptly take steps to remove that data from our systems.

if you become aware that a child under the age of 18 has provided us with personal data, please inform us immediately.

we are committed to maintaining the accuracy, completeness, and current status of your data. you have the right to access, correct, or request the deletion of your personal data that we hold.

furthermore, you retain the right to limit or object to any further processing of your data.

you are entitled to receive your data in a structured, commonly used, and machine-readable format. if you have concerns about the handling of your personal data, you have the right to lodge a complaint with the appropriate data protection authority.

to ensure the privacy and security of your data, we may require you to provide information necessary to verify your identity and your right to access the requested data.

this process helps us locate and provide you with the personal data we maintain. in certain circumstances, applicable laws or regulatory mandates may permit or require us to deny access to or the deletion of some or all of your personal data.

you can contact us to exercise these rights.

we pledge to respond to your request within a reasonable timeframe, aiming to do so within 30 days. please note that when users access third-party websites through links provided by us, we are not responsible for the privacy practices of those third parties, as their own privacy policies will govern.

our websites, products, and services may feature links to external websites, products, and services, or enable you to access them.

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  • we are not responsible for the privacy practices employed by these third parties, nor for the accuracy or reliability of the information or content found within their offerings.

    this privacy statement is exclusively applicable to the data we gather through our own products and services.

    we strongly encourage you to carefully review the privacy policies of any third parties before engaging with their websites, products, or services. we implement reasonable technical, administrative, and physical security measures to safeguard your data against unauthorized access and to ensure its proper use.

    limited warranty and disclaimer: except as explicitly stated otherwise in these terms and conditions, bernama, on behalf of itself and its content sources, disclaims all other warranties, whether express, implied, or statutory, regarding any content, its online systems, or any rights or licenses granted under this agreement.

    this includes, without limitation, any implied warranties of merchantability or fitness for a particular purpose.

    the above-mentioned limitations shall apply regardless of any failure of essential purpose. alterations to editorial and fine art content: special ethical considerations are crucial when handling editorial, news, and fine art content.

    when utilizing such content, you bear sole responsibility for, and must indemnify bernama against, any claims arising from modifications or alterations to the content, with the exception of standard color correction or minor cropping to accommodate space limitations or to the caption information.

    your indemnification of bernama: you agree to indemnify and hold harmless bernama and its content sources, officers, directors, employees, contractors, subsidiaries, joint ventures, licensors, and licensees from all claims, including, without limitation, claims by third parties, liability, damages (including punitive damages), judgments, settlements, costs, and expenses, including reasonable legal fees and expenses, arising out of or related to the following:

    • your use of the content beyond the scope of the license granted herein.
    • any breach of these terms and conditions by you.
    • your violation of any applicable law or the rights of any third party.
    • any modifications or alterations you make to the content that are not expressly permitted.

    notwithstanding the foregoing, bernama shall have no obligation under this section 10 unless you provide bernama with written notice within ten (10) days of your receipt of any claim subject to indemnity and the right to defend or control the defense of such claim, and shall not, in any case, have any obligation with respect to any claims covered under section 9 above.

    your access to content does not grant you the right to use that content.

    except as explicitly stated in the invoice or the specific content web page applicable to the licensed content, the rights bernama grants to you do not include a license to, and bernama makes no representations or warranties that it owns or licenses any rights related to or in any persons, places, property (real, personal, or of any other kind), or subject matter depicted in any content.

    all content may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights, or other rights belonging to another party.

    you are solely responsible for determining whether your use of any content requires the consent of any other party or the license of any additional rights, and you should not rely solely on the information provided by bernama.

    you are solely responsible for obtaining any and all releases and clearances as may be required, including without limitation:

    • model releases for any identifiable individuals depicted in the content.
    • property releases for any identifiable properties depicted in the content.
    • any other releases necessary for your intended use of the content.

    if you are unsure whether additional rights are needed for your use, you are responsible for consulting with competent legal counsel.

    no employee or representative of bernama may make, and you shall not rely upon, any representations or warranties other than those stated herein.

    you do not acquire, and shall not claim, any rights (trademark, copyright, or otherwise) in the content itself apart from the end use.

    unauthorized use of content constitutes infringement of copyright and other applicable rights and shall entitle bernama to exercise all rights and remedies under applicable copyright and other laws, including monetary damages against all users and beneficiaries of the use of such content.

    bernama, in its sole discretion, reserves the right to bill you, and you hereby agree to pay, ten (10) times the license fee for any unauthorized use, in addition to any other fees, damages, and penalties bernama may be entitled to under this agreement and applicable law.

    this may, as set forth in the applicable invoice, include an obligation to pay bernama a use-based royalty and to submit an accounting or other records verifying your use of the content.

    payment is due within thirty (30) days of the date the applicable invoice is issued, or the date specified in the invoice, whichever comes first.

    a late payment charge of one and one-half percent (1.5%) per month, or the maximum rate permitted by law, whichever is lower, will be applied to all overdue amounts.

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  • any duplicate usage of the footage, freeze frames, or slow motion shall be calculated at the actual on-screen running time of the footage.

    taxes: you are responsible for the payment of all sales and use taxes, when applicable.

    if the cancellation notice is received more than seven (7) days after the initial purchase, no cancellations will be accepted, and you are responsible for and must pay the full amount of the invoice.

    for any cancellations, you are also liable to pay any and all service charges, production fees, processing and handling fees, and shipping fees.

    all licenses applicable to the cancellation shall immediately terminate upon cancellation. all cancellations are final.

    upon any termination, cancellation, or expiration of this agreement, neither you nor any other person or entity covered by the license granted to you under this agreement shall have any further right to make any use of the content.

    in the event that such term is not included in the invoice or license agreement, you may be permitted to store a copy of the content for no longer than 30 days following the date you access such content.

    upon the termination or expiration of your rights with respect to a content element under an invoice or a license agreement, you agree to cease all use of such content and shall promptly delete or destroy any digital copies, except that you may retain one copy of the work you create incorporating the content solely as necessary for archival purposes.

    protection of content: if the use of content is permitted on the internet, or any other online or interactive media, you shall use your best efforts to protect the content to ensure that it cannot be copied, and in the case of footage, ensure that it remains in the linear production for which it was licensed and cannot be searched by shot and downloaded in broadcast or substantially comparable quality.

    if your licensed platform is a wireless device, then such images may not be displayed on the licensed platform at dimensions greater than 1.

    receiving credit is a material aspect of the agreement for bernama, and in editorial uses of images, you agree to pay triple the invoice amount if you do not provide such proper credit and copyright notice.

    for commercial uses, you agree to pay double the invoice if you fail to include the credit described above when such crediting is customary and appropriate.

    in the case of footage, you shall provide copyright attributions to bernama in the production, and on-screen credits as specified in the invoice, equal in all respects to any credit accorded to any other provider of comparable services.

    the parties hereto confirm that it is their wish that this agreement, as well as any other documents relating hereto, including notices, has been and shall be written in the english language.

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  • privacy policy: this page outlines our privacy policy, detailing how we use and protect any information you provide while visiting our website.

    in the event you engage in a transaction or transmit an email containing personal details, this information may be shared with other government agencies to enhance the delivery of public services in a more efficient and effective manner.

    for instance, customer satisfaction surveys may necessitate feedback via email from partner agencies.

    additional privacy considerations

    we are committed to ensuring the ongoing confidentiality, integrity, and availability of your personal data. to that end, we employ a multi-layered security approach that encompasses:

    • physical security: we maintain secure facilities with restricted access to prevent unauthorized entry and data breaches.
    • technical security: we utilize firewalls, intrusion detection systems, and other advanced security technologies to protect our systems from cyber threats.
    • administrative security: we have implemented comprehensive policies and procedures to govern data access, usage, and storage, ensuring that our employees are trained to handle personal data responsibly and ethically.

    we regularly review and update our security measures to stay ahead of evolving threats and to ensure that your data remains protected.

    we also conduct periodic audits to assess the effectiveness of our security controls and to identify areas for improvement.

    data retention policy

    we retain personal data only for as long as necessary to fulfill the purposes for which it was collected, or as required by applicable laws and regulations.

    the retention period may vary depending on the nature of the data and the specific purpose for which it was processed. when personal data is no longer needed, we securely delete or anonymize it.

    international data transfers

    if we transfer personal data outside of your country of residence, we will ensure that appropriate safeguards are in place to protect the data, in accordance with applicable data protection laws.

    these safeguards may include:

    • standard contractual clauses: we may use standard contractual clauses approved by the european commission to ensure that the data recipient provides an adequate level of data protection.
    • binding corporate rules: we may rely on binding corporate rules, which are a set of internal rules adopted by a multinational company to govern the transfer of personal data within its corporate group.
    • privacy shield: we may rely on the eu-u.s.

      privacy shield framework (if applicable) to transfer personal data to the united states.

    we will always inform you when your personal data is being transferred internationally and provide you with information about the safeguards in place.

    your responsibilities

    you also have a role to play in protecting your own personal data.

    we encourage you to:

    • use strong passwords: create strong and unique passwords for your online accounts.
    • be careful about sharing personal information: only share personal information with trusted websites and services.
    • keep your software up to date: install the latest security updates for your operating system, web browser, and other software.
    • be aware of phishing scams: be cautious of emails and websites that ask for your personal information.

    by working together, we can all help to protect personal data and ensure a safe and secure online environment.

    changes to this privacy policy

    we may update this privacy policy from time to time to reflect changes in our data processing practices or applicable laws.

    we will post any changes to this privacy policy on our website and, where appropriate, notify you by email. we encourage you to review this privacy policy periodically to stay informed about how we are protecting your personal data.

    by using our products and services, you consent to the terms of this privacy policy.