navigating the complexities of content usage requires a clear understanding of the terms and conditions governing its distribution and application. BERNAMA, along with its content providers, offers a comprehensive warranty framework, though it's crucial to note specific limitations.
The overarching principle is that no warranties beyond those explicitly stated in the agreement are provided, whether expressed, implied, or statutory. This includes a disclaimer regarding the merchantability or suitability of content for a particular purpose.
These limitations remain in effect even if a fundamental purpose of the agreement is not met.
ethical considerations for editorial and artistic content
special ethical considerations are paramount when dealing with content categorized as editorial, news, or fine art.
BERNAMA places the responsibility squarely on the user for any modifications or alterations made to this type of content. Furthermore, users agree to indemnify BERNAMA against any claims stemming from such changes, with the sole exception of standard color correction, minor cropping for spatial requirements, or adjustments to accompanying caption information.
user indemnification and BERNAMA's protection
users are obligated to indemnify and shield BERNAMA, its content sources, officers, directors, employees, contractors, subsidiaries, joint ventures, licensors, and licensees from all claims, liabilities, damages (including punitive damages), judgments, settlements, costs, and expenses.
This includes reasonable legal fees, arising from or connected to the use of the content. This indemnification is contingent upon BERNAMA receiving written notification of any claim within ten days of the user's awareness of it. Additionally, BERNAMA must be afforded the right to defend or control the defense of such claims.
Importantly, BERNAMA bears no obligation for claims covered under other sections of the agreement, even if notice is provided.
access versus entitlement: understanding content rights
simply having the ability to access content does not automatically grant the right to use it.
Unless explicitly stated otherwise in an invoice or on a specific content web page, the rights granted by BERNAMA do not extend to a license for individuals, places, property (real or personal), or any other subject matter depicted within the content. BERNAMA makes no representations or warranties concerning its ownership or licensing of rights related to these depicted elements.
navigating third-party rights and clearances
all content is potentially subject to copyrights, trademarks, rights of publicity, moral rights, property rights, or other rights held by third parties.
It is the user's sole responsibility to ascertain whether their intended use of any content necessitates the consent of any other party or the acquisition of additional rights. Users should not rely exclusively on information provided by BERNAMA for this determination.
The onus is on the user to secure all necessary releases and clearances. If there is any doubt about the need for additional rights, users are strongly encouraged to consult with qualified legal counsel.
representations and warranties: what you can rely on
it is crucial to understand that no employee or representative of BERNAMA is authorized to make, and users should not depend on, any representations or warranties beyond those expressly stated within the agreement.
Users do not acquire, nor should they claim, any rights (trademark, copyright, or otherwise) in the content itself, separate from its intended end use.
consequences of unauthorized content use
the unauthorized utilization of content constitutes an infringement of copyright and other applicable rights.
This entitles BERNAMA to exercise all legal rights and remedies available under copyright and other laws, including seeking monetary damages from all users and beneficiaries of such unauthorized use. BERNAMA reserves the right, at its sole discretion, to bill users for unauthorized usage at ten times the standard license fee.
This penalty is in addition to any other fees, damages, and penalties that BERNAMA may be entitled to claim under the agreement and applicable law.
payment terms and late fees
invoices are typically due within thirty days of issuance or as otherwise specified on the invoice.
Failure to make timely payment may result in a late payment charge of one and one-half percent per month on the outstanding balance. The calculation of any duplicate usage of footage, including freeze frames or slow-motion sequences, will be based on the actual on-screen running time of the footage.
tax obligations and user responsibility
users are responsible for the payment of all applicable sales and use taxes associated with their use of the content.
This responsibility is a standard clause in licensing agreements.
cancellation policies and associated costs
cancellations are subject to strict timeframes. If a cancellation notice is received more than seven days after the agreement is made, no cancellations will be accepted, and the user will be responsible for the full invoice amount.
For any accepted cancellations, users are also liable for all associated service charges, production fees, processing and handling fees, and shipping fees. All licenses pertinent to a cancelled agreement will immediately terminate. It is important to note that all cancellations are considered final.
post-termination obligations for content
upon the termination, cancellation, or expiration of the agreement, neither the user nor any other party covered by the granted license will possess any further rights to utilize the content.
If the invoice or license agreement does not specify a retention term, users may be permitted to store a copy of the content for a maximum of 30 days from the date of access. Following the termination or expiration of rights to a specific content element, users must cease all use of that content.
Digital copies should be promptly deleted or destroyed, with the exception of one copy retained for archival purposes of any work created incorporating the content.
safeguarding content in digital environments
when content usage is permitted on the internet or other online or interactive media, users are expected to implement their best efforts to protect the content.
This includes ensuring that the content cannot be easily copied. For footage, measures should be taken to maintain its linear production integrity for which it was licensed, preventing it from being searchable by individual shots and downloadable in broadcast-equivalent quality.
image display dimensions and user platform
if the licensed platform is a wireless device, there may be restrictions on the display dimensions of images.
Specifically, such images may not be displayed on the licensed platform at dimensions exceeding 1.5 times their original size.
the importance of proper attribution and its consequences
receiving proper credit is a material aspect of the agreement for BERNAMA.
In editorial uses of images, failure to provide the correct credit and copyright notice will result in a penalty of triple the invoice amount. For commercial uses, a failure to include customary and appropriate credit will lead to a charge double the invoice amount.
For footage, users must provide copyright attributions to BERNAMA within the production and on-screen credits as specified in the invoice, ensuring these credits are equivalent to those given to any other provider of comparable services.
language of agreement
both parties confirm their mutual desire for this agreement and all related documents, including notices, to be written in the English language.
privacy policy: safeguarding your information
our privacy policy outlines how we handle and protect any information you provide when visiting our website.
This policy is designed to ensure transparency and security regarding your personal data.
information sharing for enhanced public services
in instances where you conduct a transaction or send an email containing your private information, this data may be shared with other government agencies.
This practice is intended to facilitate the provision of more effective and efficient public services. For example, customer satisfaction surveys might necessitate email feedback from various agencies.
exploring the 'gay spider' narrative
beyond the legal and contractual aspects, a narrative has emerged surrounding a character known as the 'gay spider.' Marvel has released various previews, some hinting at the potential origin story of this character, dubbed 'Web-Weaver.' One particular image depicts the web-slinger fleeing in distress, with figures presumed to be his parents in the background, their faces obscured by shadows.
Another visual shows the Weaver intervening to protect Peter Parker in a laboratory setting.
this context raises intriguing possibilities: in this alternate timeline, does 'Web-Weaver' possess the web-slinging abilities while Parker leads a conventional life?
the narrative potential is vast, suggesting that no single character can encompass all possibilities. this exploration delves into creative interpretations and fictional character developments.
it's worth noting that this article originated from our sister site, gayming magazine, and was authored by aimee hart.