our commitment to user safety involves the careful handling of personal information. we utilize this data to confirm account authenticity and monitor user actions, thereby reinforcing security.
this includes actively tracking fraudulent activities and investigating any potentially illicit behaviors or breaches of our established terms and policies. this processing is grounded in our fundamental need to ensure the overall safety and integrity of our offerings.
the role of personal data in enhancing services
the types of personal data we may gather and its subsequent application are detailed below.
broadly speaking, we leverage personal data to facilitate the delivery, refinement, and advancement of our products and services.
furthermore, we use it to maintain clear communication channels with you, deliver tailored promotional content and services, and ultimately, to safeguard both our organization and our valued customers.
utilizing technology for improved user experience
beyond explicit data collection, we employ various technological solutions.
this includes data stored directly on your web browser or device, unique identifiers linked to your device, and other software applications. these tools serve similar objectives, contributing to a more robust and secure environment. we also collaborate with strategic partners who assist us in providing essential products and services or in reaching our customer base through marketing efforts.
we share specific personal data with these collaborators exclusively for the purpose of enhancing our products, services, and advertising initiatives.
crucially, we do not disclose personal data to third parties for their independent marketing endeavors without first obtaining your explicit and prior consent. it is important to note that our products and services are designed for adult users.
protecting minors and sensitive data
consequently, we do not knowingly solicit, employ, or reveal data from individuals below the age of majority.
should we become aware that we have inadvertently collected personal data from a minor, we will promptly initiate measures to expunge such information as swiftly as possible. if you discover that a minor has furnished us with personal data, please reach out to us immediately for prompt action.
your rights regarding personal data
we implement rigorous procedures to guarantee the accuracy, completeness, and currency of your information.
you possess the inherent right to access, rectify, or request the deletion of the personal data we hold. moreover, you have the standing to restrict or challenge any further processing of your data at any juncture.
the right to receive your data in a structured, commonly used, and machine-readable format is also afforded to you. should you have concerns regarding the handling of your personal data, you are welcome to lodge a complaint with the pertinent data protection authority.
to ensure the privacy and security of your information, we may request additional details to verify your identity and your entitlement to access specific data.
this process also aids us in locating and providing you with the personal data we maintain. in certain circumstances, applicable legal frameworks or regulatory mandates may compel or permit us to decline providing or deleting all or a portion of the personal data we possess.
exercising your data rights and access
you can readily contact us to exercise any of your established rights.
without the necessary authorization, upon the conclusion of the agreed-upon term, you are obligated to destroy all duplicates of the licensed content. your usage of the content is strictly limited to your personal consumption. barring any explicit stipulations to the contrary within this agreement, and excluding content that you have integrated into permitted end-use applications, you are prohibited from selling, renting, lending, gifting, sublicensing, or otherwise transferring the content or any rights pertaining to its reproduction to any individual or entity.
ownership and intellectual property considerations
all copyrights, patent rights, trademarks, trade secrets, and all other proprietary rights vested in the content remain the sole property of BERNAMA and its content providers.
no rights are conferred in any content beyond the limited licenses explicitly outlined in this agreement. any rights, title, or interest that may arise in any compilation or derivative work created using any content will not grant you the entitlement to utilize such content beyond the permissions granted herein.
disclaimer of warranties and liability
except as expressly stipulated within these terms and conditions, BERNAMA, acting on behalf of itself and its content sources, extends no other warranties, whether express, implied, or statutory, concerning any content, its online systems, or any rights or licenses granted under this agreement.
this includes, but is not limited to, any implied warranties of merchantability or fitness for a particular purpose. the aforementioned limitations remain applicable even in the event of a fundamental failure to achieve the intended purpose.
ethical guidelines for content modification
special ethical considerations are paramount when dealing with editorial, news, and fine art content.
when you engage with such content, you assume full responsibility for, and shall indemnify BERNAMA against, any claims arising from or related to modifications or alterations made to the content. the only exceptions are standard color correction, minor cropping necessitated by space limitations, or adjustments to accompanying caption information.
your obligation to indemnify BERNAMA
you consent to indemnify, defend, and hold BERNAMA harmless, along with its content sources, officers, directors, employees, contractors, subsidiaries, joint ventures, licensors, and licensees, against all claims.
this includes, without limitation, claims asserted by third parties, liabilities, damages (including punitive damages), judgments, settlements, costs, and expenses, encompassing reasonable legal fees and disbursements, that arise from or are connected to your actions.
notwithstanding the preceding clause, BERNAMA shall bear no obligation under this section 10 unless you furnish BERNAMA with written notification within ten 10 days of receiving any claim subject to indemnity.
this notification must also grant BERNAMA the prerogative to defend or control the defense of such claim. under no circumstances will BERNAMA have any obligation concerning claims addressed in section 9 above.
understanding content licensing and rights
your ability to access content does not automatically confer the right to utilize it.
barring any specific stipulations on the invoice or the specific content web page pertaining to the licensed content, the rights BERNAMA grants you do not encompass a license to any individuals, places, property (real, personal, or otherwise), or subject matter depicted within any content.
BERNAMA makes no representations or warranties regarding its ownership or licensing of any such rights.
responsibility for securing necessary permissions
all content may be protected by copyrights, trademarks, rights of publicity, moral rights, property rights, or other rights belonging to third parties.
you bear the sole responsibility for ascertaining whether your intended use of any content necessitates the consent of any other party or the acquisition of additional rights. you should not rely exclusively on the information provided by BERNAMA.
you are exclusively responsible for obtaining all requisite releases and clearances.
this includes, but is not limited to, securing permissions for any depicted individuals, private property, or trademarks. if you are uncertain about the need for additional rights for your intended use, it is your responsibility to consult with qualified legal counsel.
no employee or representative of BERNAMA is authorized to make, and you should not depend on, any representations or warranties beyond those explicitly stated herein.
consequences of unauthorized content usage
you do not acquire, nor shall you claim, any rights in the content itself, including trademark, copyright, or any other intellectual property rights, beyond the scope of the permitted end use.
the unauthorized utilization of content constitutes an infringement of copyright and other applicable rights. this entitles BERNAMA to pursue all legal rights and remedies available under applicable copyright and other laws, including seeking monetary damages from all users and beneficiaries of such content usage.
pricing, payment, and unauthorized use penalties
in its sole discretion, BERNAMA reserves the right to invoice you for unauthorized usage.
you hereby agree to remit a sum equivalent to ten 10 times the standard license fee for any unauthorized use, in addition to any other fees, damages, and penalties that BERNAMA may be entitled to claim under this agreement and relevant legislation. this may, as specified on the applicable invoice, include an obligation to pay BERNAMA a usage-based royalty and to submit an accounting or other documentation that verifies your use of the content.
payment is expected within thirty 30 days from the invoice issuance date, or as otherwise specified on the invoice, whichever date occurs first.
a late payment charge of one and one-half percent 1.5% per month will be applied to outstanding balances. any duplicated usage of footage, freeze frames, or slow-motion sequences will be calculated based on the actual on-screen duration of the footage.
your financial responsibilities: taxes and fees
you are accountable for the payment of all applicable sales and use taxes.
if a cancellation notice is received more than seven 7 days prior to the scheduled service, no cancellations will be accepted, and you will be held responsible for and must remit the full invoice amount. for any approved cancellations, you are also liable for all associated service charges, production fees, processing and handling fees, and shipping costs.
all licenses pertinent to a cancellation will be immediately terminated upon its effective date.
please note that all cancellations are considered final. following any termination, cancellation, or expiration of this agreement, neither you nor any other individual or entity covered by the license granted to you hereunder will retain any further right to utilize the content.
content archival and deletion obligations
in instances where specific terms are not included in the invoice or license agreement, you may be permitted to retain a copy of the content for a period not exceeding 30 days from the date you accessed it.
upon the termination or expiration of your rights concerning a content element under an invoice or license agreement, you agree to cease all usage of that content. you shall also promptly delete or destroy any digital copies thereof. however, you may retain a single copy of any work you have created that incorporates the content, solely to the extent necessary for archival purposes.
protecting content in digital environments
if the use of content is authorized on the internet or any other online or interactive media, you must exercise your best efforts to safeguard the content.
this is to ensure that it cannot be easily copied. in the case of footage, you must ensure it remains within the linear production for which it was licensed and cannot be searched by individual shots or downloaded in broadcast-equivalent or comparably high quality.
image display limitations on wireless devices
should your licensed platform be a wireless device, then such images may not be displayed on the licensed platform at dimensions exceeding 1.5 inches in width or height.
the provision of credit is a crucial component of this agreement for BERNAMA. in editorial uses of images, you agree to remit triple the invoice amount if proper credit and copyright notice are not provided.
commercial use credit requirements
for commercial applications, you agree to pay double the invoice amount if you fail to include the customary and appropriate credit as described above.