acquiring content often comes with a set of rules and responsibilities, ensuring that both the provider and the user understand the boundaries of usage.
these agreements are crucial for protecting intellectual property and establishing clear terms for how content can be utilized.
understanding the license grant and its limitations
when you receive a license for content, it signifies a permission granted to you under specific conditions.
failure to adhere to any stipulation within the agreement, or missing a payment deadline, can lead to the immediate termination of these licenses. in such scenarios, the content provider, like BERNAMA, reserves the right to pursue all available legal avenues, including those afforded by copyright and other relevant laws, to protect their rights.
term of use for managed content
unless explicitly stated otherwise in your invoice, licenses for rights-managed content typically grant usage for a period of one year from the invoice date.
it's vital to note that, unless the invoice specifies otherwise, distributing, publishing, displaying, or using the content in any manner beyond the agreed-upon end use, especially after the license term has expired, is strictly prohibited.
expanding usage and evaluating content
should you require the content to be accessible to more individuals than initially agreed upon, you must secure an additional license and settle the stipulated one-time flat fee.
similarly, the use of "comps" - essentially preview copies of content - is restricted. these are intended solely for internal evaluation to help you decide if you wish to formally license rights-managed or royalty-free content. their use is generally limited to thirty days from the download or receipt date.
after this term, without obtaining the appropriate rights-managed or royalty-free license, you must cease all use and destroy any copies of the comp content.
personal use and content transfer
the rights granted are typically personal, meaning only you can use the content, and its end-use must be exclusively for your own purposes.
unless a specific exception is noted in the agreement, or the content has been legitimately incorporated into your permitted end use, you are not permitted to sell, rent, loan, give away, sublicense, or otherwise transfer the content or any rights associated with its reproduction to any third party.
ownership and intellectual property rights
it is important to understand that BERNAMA, along with its content sources, retains all ownership and interest in the copyrights, patents, trademarks, trade secrets, and all other proprietary rights pertaining to the content.
the licenses provided are limited permissions to use the content; no ownership rights are transferred. any rights that may arise in compilations or derivative works created using the content do not grant you the privilege to use the original content beyond the scope of your agreement.
limited warranty and disclaimers
BERNAMA, representing itself and its content sources, offers no warranties beyond those explicitly stated in the terms and conditions.
this includes a disclaimer regarding any implied warranties of merchantability or fitness for a particular purpose concerning the content or the online systems providing it. these limitations remain in effect even if a particular remedy fails to achieve its essential purpose.
ethical considerations for editorial and fine art content
when working with editorial, news, or fine art content, special ethical guidelines must be observed.
you bear the sole responsibility for, and must indemnify BERNAMA against, any claims arising from modifications or alterations made to such content. exceptions are generally made for standard color correction, minor cropping for space management, or adjustments to caption information.
your responsibility to indemnify BERNAMA
you agree to protect BERNAMA and its content sources, officers, directors, employees, contractors, subsidiaries, joint ventures, licensors, and licensees from any and all claims, liabilities, damages (including punitive damages), judgments, settlements, costs, and expenses, including reasonable legal fees.
these indemnifications cover claims that may arise from or be related to your actions or the use of the content.
conditions for indemnification
BERNAMA's obligation to provide indemnification under this section is contingent upon you providing written notification of any claim within ten days of your receipt.
furthermore, BERNAMA must be granted the right to defend or control the defense of such claims.
BERNAMA will not be obligated with respect to claims that fall under previous sections of the agreement.
access versus usage rights
simply having access to content does not automatically grant you the right to use it. unless the invoice or specific content web page explicitly states otherwise, the rights granted by BERNAMA do not include licenses for any individuals, places, properties, or other subject matter depicted within the content.
BERNAMA makes no representations or warranties that it possesses or has licensed rights related to these elements.
your due diligence for content clearance
all content may be subject to copyrights, trademarks, publicity rights, moral rights, property rights, or other rights belonging to third parties.
it is your sole responsibility to determine whether your intended use of any content requires the consent of another party or the acquisition of additional rights. you should not rely solely on information provided by BERNAMA; it is advisable to consult with competent legal counsel if you are uncertain about the need for additional clearances.
obtaining necessary releases and clearances
you are exclusively responsible for securing all necessary releases and clearances.
this includes, but is not limited to, obtaining permissions related to individuals, properties, and any other elements that might require third-party consent.
limitations on representations and warranties
no employee or representative of BERNAMA is authorized to make, and you should not depend on, any representations or warranties beyond those expressly stated in the agreement.
you do not acquire, and must not claim, any rights (trademark, copyright, or otherwise) in the content itself, separate from its permitted end use. unauthorized use of content constitutes copyright infringement and other applicable rights violations. this can entitle BERNAMA to exercise all legal rights and remedies, including seeking monetary damages from all users and beneficiaries of such unauthorized use.
penalties for unauthorized use
in cases of unauthorized content usage, BERNAMA, at its sole discretion, reserves the right to bill you for ten times the standard license fee.
this penalty is in addition to any other fees, damages, or penalties that BERNAMA may be entitled to under the agreement and applicable law.
payment obligations and late fees
your agreement may include an obligation to pay usage-based royalties and to submit records verifying your content usage.
payments are typically due within thirty days of the invoice date, or by a date specified on the invoice.
late payments may incur a charge of one and one-half percent per month on the outstanding balance.
calculating usage and taxes
any duplicate usage of footage, freeze frames, or slow-motion sequences will be calculated based on the actual on-screen running time.
furthermore, you are responsible for paying any applicable sales and use taxes.
cancellation policies and associated fees
cancellations are subject to specific terms. if a cancellation notice is received less than seven days before a scheduled event or deadline, it will not be accepted, and you will be liable for the full invoice amount.
for any accepted cancellations, you will also be responsible for all service charges, production fees, processing and handling fees, and shipping fees. upon cancellation, all licenses pertaining to the cancelled agreement will immediately terminate.
product purchase details and enhancements
sometimes, chosen enhancements may not be available from a particular seller.
in such cases, you might need to select a different seller to add these features to your purchase. information regarding dispatch and seller details will be provided during the purchase process.
return policy and condition of goods
many items can be returned within 30 days of receipt for a full refund, provided they are in their original condition.
it's always advisable to review the full return policy for specific terms and conditions. the security of your transaction is paramount, with systems in place to encrypt your information during transmission to protect your privacy and security.
product availability and pricing
occasionally, images or specific information related to a product may not be available.
this could be due to technical issues, requiring a page reload or a later attempt. pricing and availability are subject to change, and you may be notified of lower prices found on other websites.
taxes and final pricing
prices are inclusive of applicable taxes, though you are responsible for any sales and use taxes if they are not already included.