this document outlines a collection of clauses, focusing on the usage of content, privacy, and legal aspects.
it's designed to clarify the parameters of using specific materials, address privacy policies, and establish guidelines for interactions.
content usage and limitations
the following points delineate how content, such as footage, may be utilized, emphasizing restrictions and liabilities:
- usage calculations: any repeated use of footage, freeze frames, or slow-motion sequences will be calculated based on the actual on-screen duration.
this precise calculation ensures fair usage assessment.
- tax responsibilities: users are responsible for all applicable sales and use taxes. this clarity ensures financial obligations are well-defined.
- cancellation policies: cancellations are subject to specific time frames.
if a cancellation notice is received more than seven days after the agreement, full payment is required. this establishes clear guidelines for withdrawals.
- additional charges: cancellations may incur additional fees.
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- license termination: upon cancellation, all related licenses are immediately terminated.
the user loses all rights to use the content.
- finality of cancellations: all cancellations are considered final. this strict policy underscores the importance of careful consideration before initiating a cancellation.
these could include service charges, production fees, processing and handling fees, and shipping costs. this ensures all associated costs are covered.
post-agreement restrictions
this section focuses on the limitations on usage post-agreement termination or expiration:
- cessation of use: upon termination, cancellation, or expiration, users cannot further utilize the content.
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- deletion of copies: users must delete or destroy digital copies of the content. an exception is made for archival purposes, allowing one copy to be retained.
all usage rights are revoked.
content protection and usage requirements
these stipulations focus on protecting the content's integrity and ensuring proper usage:
- internet usage safeguards: when the content is used online, users must protect it to prevent unauthorized copying.
for footage, the linear production must be maintained.
- wireless device limitations: images displayed on wireless devices cannot exceed specific dimensions, ensuring proper display and usage.
credits and attributions
this outlines the responsibilities regarding providing proper credit for content usage:
- credit for bernama: in editorial use cases, failure to provide proper credit results in triple the invoice amount.
- commercial use credits: for commercial use, users must provide credit as described above, in the event such crediting is appropriate.
- footage attributions: for footage, copyright attributions must be provided to bernama in the production and on-screen credits, equal to any other providers.
legal and contractual aspects
the following points address the legal and contractual stipulations of the agreement:
- language: the agreement, including any related documents, must be written in english.
- entire agreement: this agreement and any restrictions constitute the complete agreement between the parties.
- severability: if any provision of this agreement is invalid or unenforceable, the remainder will remain valid.
- modification of terms: bernama reserves the right to modify these terms at any time.
privacy policy and data handling
this segment focuses on the privacy policy and the handling of user data:
- privacy policy: this page explains the privacy policy covering data usage and protection on the website.
- data sharing: user information may be shared with government agencies to provide more effective services.
- data collection purpose: data is collected only for photo business transactions.
- external sites: linked sites may have different privacy policies; users are encouraged to read and understand these policies.
terms of service details
the subsequent details provide further insight into the terms and conditions:
- survival clause: specific sections of the agreement survive termination or expiration.
- miscellaneous provisions: the agreement comprises the entire agreement between the parties.
- enforceability: unenforceable provisions will be modified to make them enforceable, reflecting the parties' intentions.
- modifications: bernama reserves the right to change the terms of use.
account management and access
the following provides details related to creating an account and accessing the site:
- password reset: the system provides a password reset function.
- login credentials: users must fill in details to create login credentials.
- terms of approval: the use of this site implies agreement with the terms and agreement.
warranties and disclaimers
this area describes the warranties and disclaimers included in the agreement:
- bernama warranty: bernama warrants that the content, when used as authorized, will not infringe on intellectual property rights.
- rights and clearances: users are solely responsible for obtaining all necessary releases and clearances, including those from unions and music rights holders.
privacy details and personal data
the final section discusses the privacy policy, emphasizing data collection and user rights:
- personal information: personal information is data that identifies an individual directly or indirectly.
- data principles: the data is handled in line with the principles of legality, legitimacy, and transparency.
- data usage: data is used to verify accounts, promote safety, and investigate suspicious activities.
- data types: this section describes the types of personal data collected and how it may be used.
- partners and sharing: the company may share personal data with strategic partners to improve services.
- minor data: the company does not knowingly collect data from children under 18.
- data rights: users have the right to access, correct, or delete their personal data and object to its processing.