your agreement to protect bernama: you pledge to safeguard bernama and its content providers, officers, directors, employees, contractors, subsidiaries, joint ventures, licensors, and licensees, shielding them from any claims.
this includes, but isn't limited to, third-party claims, liabilities, damages (including punitive ones), judgments, settlements, costs, and expenses, including reasonable legal fees. these protections arise from or relate to your actions.
even with the above protection, bernama isn't obligated under section 10 unless you inform them in writing within ten (10) days of receiving any claim requiring indemnification.
bernama also retains the right to defend or manage the defense of such claims. notably, bernama holds no responsibility for claims covered under section 9.
your access to content doesn't grant you the right to use it freely. unless explicitly stated in the invoice or specific content web page, bernama's granted rights don't include licenses to, nor does bernama guarantee ownership or licensing of, any rights associated with people, places, real or personal property, or any other subject depicted in the content.
all content may be protected by copyrights, trademarks, publicity rights, moral rights, property rights, or other rights belonging to another party.
you are solely responsible for determining whether your use requires consent or additional licensing. don't solely rely on bernama's information.
you are solely responsible for obtaining all necessary releases and clearances. if unsure about additional rights, consult competent legal counsel.
no bernama employee or representative can make warranties beyond those stated here, and you shouldn't rely on any such unauthorized claims.
you don't gain, and shouldn't claim, any trademark, copyright, or other rights in the content itself, apart from the agreed-upon end use.
unauthorized content use is copyright infringement and violates other rights. bernama can exercise all rights and remedies under applicable laws, including seeking monetary damages from users and beneficiaries of unauthorized use.
bernama, at its discretion, can bill you ten (10) times the license fee for unauthorized use.
you agree to pay this, along with any other fees, damages, or penalties allowed under the agreement and applicable law.
this may include a use-based royalty and the submission of usage records.
payment is due within thirty (30) days of the invoice date, or the date specified on the invoice, whichever comes first. a late payment charge of 1.5% applies monthly. duplicate usage of footage, freeze frames, or slow motion is calculated based on the actual on-screen running time.
taxes: you're responsible for all applicable sales and use taxes.
regarding cancellations, if notice is received more than seven (7) days after the invoice, cancellations aren't accepted, and you must pay the full invoice amount. cancellations also require payment of service charges, production fees, processing/handling fees, and shipping fees.
licenses terminate immediately upon cancellation.
all cancellations are final. after termination, cancellation, or expiration of this agreement, neither you nor anyone covered by your license can further use the content.
if not specified in the invoice or license agreement, you can store a content copy for no more than 30 days after accessing it.
upon termination or expiration of your content rights, you must cease all use and delete digital copies. you can retain one copy of your work incorporating the content for archival purposes only.
if content use is allowed online or in interactive media, you must protect it to prevent unauthorized copying.
for footage, ensure it stays in the licensed linear production and can't be easily searched and downloaded in broadcast-quality or similar.
if your platform is wireless, images can't be displayed larger than 1. receiving credit is crucial for bernama. for editorial uses, you'll pay triple the invoice if you fail to provide proper credit and copyright notice.
for commercial uses, you'll pay double the invoice if you omit credit where customary and appropriate.
for footage, provide copyright attributions to bernama in the production and on-screen credits matching those given to similar service providers.
this agreement and related documents, including notices, are written in english. privacy policy: this explains how we use and protect your information when you visit our website.
if you transact or email private information, it may be shared with government agencies for more effective public services.
for example, customer surveys require email feedback from other agencies.
we collect your information when you use our website, solely for photo business transactions. this privacy policy applies only to this site, so be aware that linked sites may have different policies.
when you leave our site, review the other site's privacy statement.
survival: sections 3, 4(a), 5, 6, 9, 11, 12, 13, and 15-27 survive agreement termination or expiration. miscellaneous: this agreement and listed restrictions constitute the entire agreement and merge all prior communications.
generally, we use personal data to provide, improve, and develop products and services, communicate with you, offer targeted advertising and services, and protect ourselves and our customers.
we also use technologies like browser data, device identifiers, and software for similar purposes.
we share some personal data with strategic partners who help provide products and services or assist in marketing. this sharing is only for improving our offerings; we don't share data with third parties for their marketing without your consent.
our products and services are for adults.
we don't knowingly collect data from children under 18 (or the local minimum age). if we learn we've collected data from a child, we'll delete it as soon as possible.
if you find that a child under 18 has provided us with data, contact us immediately. we take reasonable steps to ensure data accuracy, completeness, and currency.
you can access, correct, or delete your data.
you can also restrict or object to data processing. you can receive your data in a structured format. you can file a complaint with the data protection authority.
to protect your data, we may ask for information to verify your identity and access rights.
in some cases, laws may require us to refuse access or deletion. you can contact us to exercise your rights. we'll respond within a reasonable time, at least within 30 days.
when customers use links to third-party websites with a relationship to us, we are not responsible for their policies due to those third-party privacy practices.
our websites, products, and services may contain links to third-party offerings or provide access to them.
diving deeper into indemnification clauses
the core of any indemnification clause lies in the allocation of risk.
it's a contractual agreement where one party (the indemnitor) promises to protect another party (the indemnitee) from certain losses or liabilities. this protection can extend to a wide range of potential issues, including legal claims, damages, and expenses. the specific scope of the indemnification is crucial and should be carefully defined in the agreement.
a well-drafted clause minimizes ambiguity and ensures both parties understand their responsibilities.
in the context of law enforcement vehicle usage, an indemnification clause might address scenarios where the vehicle is involved in an accident resulting in injury or property damage.
it could also cover claims arising from the vehicle's use in law enforcement activities, such as pursuits or arrests. the indemnitor, typically the entity responsible for the vehicle's operation (e.g., a police department), would agree to cover the indemnitee's (e.g., the vehicle manufacturer or lessor) losses stemming from these events.
careful consideration must be given to factors like insurance coverage, limitations on liability, and the specific actions that trigger indemnification.
understanding the scope of content usage rights
the permissibility of using content acquired from sources like bernama hinges on a clear understanding of the associated usage rights.
accessing content, whether it's text, images, or video, doesn't automatically grant the user unrestricted rights. content is often protected by copyright laws, and its use is subject to specific licenses or agreements. these licenses dictate how the content can be used, modified, and distributed.
it's imperative to carefully review the terms and conditions associated with the content to determine the scope of permissible usage.
this includes understanding restrictions on commercial use, distribution rights, and any requirements for attribution or credit. unauthorized use of copyrighted content can lead to legal repercussions, including copyright infringement claims. organizations should implement policies and procedures to ensure compliance with content licensing agreements and avoid potential legal liabilities.
the crucial role of proper attribution and copyright notices
attribution and copyright notices are essential components of responsible content usage.
giving proper credit to the content creator or rights holder acknowledges their intellectual property and helps maintain ethical standards. failing to provide appropriate attribution can lead to accusations of plagiarism or copyright infringement.
the specific requirements for attribution vary depending on the type of content and the terms of the license agreement.
generally, it involves including the creator's name, the copyright notice, and any other relevant information specified in the license. in some cases, a link to the source material may also be required. adhering to these requirements demonstrates respect for intellectual property rights and helps avoid legal issues.
for visual content, embedding metadata containing copyright information is also best practice to preserve the attribution even if the visual content is used outside of your initial usage.
examining privacy policies in the digital age
privacy policies are cornerstones of data protection in the digital era.
they outline how organizations collect, use, and protect personal information. these policies are crucial for building trust with users and complying with privacy regulations like gdpr and ccpa. a well-written privacy policy should be transparent, easy to understand, and readily accessible to users.
key elements of a privacy policy include: the types of personal information collected, the purposes for which the information is used, how the information is shared with third parties, the security measures in place to protect the information, and the user's rights regarding their personal data.
organizations should regularly review and update their privacy policies to reflect changes in data processing practices or legal requirements. failing to maintain an adequate privacy policy can lead to legal penalties and reputational damage.
data security and user rights: a balancing act
protecting user data requires a multifaceted approach that balances security measures with user rights.
organizations must implement robust security protocols to prevent unauthorized access, use, or disclosure of personal information. this includes technical safeguards like encryption, firewalls, and access controls, as well as organizational measures like data security policies and employee training.
at the same time, users have fundamental rights regarding their data, including the right to access, correct, and delete their personal information.
organizations must provide mechanisms for users to exercise these rights in a timely and efficient manner. this requires developing clear procedures for responding to user requests and ensuring that data processing practices are transparent and compliant with privacy regulations.
the delicate balance between data security and user rights is essential for maintaining trust and fostering a privacy-respecting environment.
navigating third-party website links and privacy
the presence of third-party website links on a website raises important privacy considerations.
while these links can provide users with access to valuable resources, they also expose them to the privacy practices of other organizations. websites should clearly disclose that they are not responsible for the privacy policies of linked third-party sites.
users should exercise caution when clicking on third-party links and carefully review the privacy policies of the linked sites before providing any personal information.
organizations can mitigate risks by only linking to reputable websites with established privacy practices and by providing clear disclaimers regarding their lack of control over third-party sites. it is vital for users to understand the limitations of a website's privacy policy when navigating external links.
the responsibility for protecting personal data ultimately rests with the individual user and the third-party website.