ADVERTISEMENT TERMS AND CONDITIONS
ACCEPTANCE OF ADVERTISEMENTS & CONTENT
1. Orders for the creation of an advertising account (“Account”) for the publication of Advertisements & Content ("Advertisements & Content ") for the 2009 Christmas draw on the website www.onethirdeach.com (“The Website(s)”) are accepted by 720 Media Limited ("720 MEDIA") subject to and in accordance with the following terms and conditions ("Terms").
2. All Accounts are for 365 days including the duration of the draw(s) chosen in the sign up panel on the Website(s) at www.onethirdeach.com/christmas2009/signup (“Account Duration”). Advertisements & Content will be published on The Website(s) each day at the timeslot(s) purchased. Timeslots on the website (“Timeslot”) can be purchased in multiples of 15 second periods which will relate to current GMT (Greenwich Mean Time) at time of booking. Advertisements & Content will be published at the same timeslot each day for the Account Duration subject always to these Terms.
3. By placing an order, the Advertiser (which is the person placing the order for the Advertisements & Content whether they are the advertiser of the product or service referred to in the Advertisements & Content or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these Terms in full.
4. The Account will run from the payment date to a date 365 days after the start date of the chosen draw. Materials for an Advertisement ("Materials") may be submitted at any point after payment and in accordance with The Website(s) technical specification at www.onethirdeach.com/global/techspec. 720 MEDIA accepts no responsibility for any failure by the Advertiser to submit the Materials and no refund shall be given by 720 MEDIA in respect of any such failure.
5. 720 MEDIA reserves the right to moderate all Advertisements & Content both prior to publishing on the Website(s) and thereafter.
6. 720 MEDIA may, without any responsibility or liability to the Advertiser whatsoever, reject, cancel or require any Advertisements & Content to be amended that it considers unsuitable or contrary to these Terms and remove, not publish or suspend any such Advertisement. 720 MEDIA reserves the right to suspend an Account as a last resort where the Advertiser is in breach of any of these Terms. 720 MEDIA may refuse to publish any Advertisements & Content for any Advertiser who has not paid any sums due for any Advertisements & Content on The Website(s). The Advertiser will remain responsible for all outstanding charges.
7. The publication of Advertisements & Content by 720 MEDIA does not mean that 720 MEDIA accepts the Advertisements & Content have been provided in accordance with these Terms or that 720 MEDIA has waived its rights under these Terms.
CONTENT OF THE ADVERTISEMENT
8. The Advertiser hereby confirms, warrants and undertakes to 720 MEDIA that:
(i) the Advertiser contracts with 720 MEDIA as a principal notwithstanding that the Advertiser may be acting directly or indirectly for an Advertiser as an advertising agent or media buyer in some other representative capacity;
(ii) any information supplied in connection with the Advertisements & Content is accurate, complete, true and not misleading;
(iii) it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisements & Content;
(iv) the Advertisements & Content are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice (including the British Code of Advertising, Sales Promotion and Direct Marketing and all other codes under the general supervision of the Advertising Standards Authority – see www.asa.org.uk/asa/codes/cap_code/), are not libelous or obscene and do not infringe the rights of any person (including any person's intellectual property rights) and the reproduction or publication of the Advertisement & Content as originally uploaded shall not breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or render us liable to any claim or proceedings whatsoever. The Advertiser agrees that 720 MEDIA may disclose the Advertiser's identity to any third party who is claiming that any material submitted by the Advertiser is in breach of this warranty;
(iv) the Advertisements & Content will not, in the opinion of 720 MEDIA, be prejudicial to the image or reputation of 720 MEDIA or The Website(s);
(v) all Advertisements & Content submitted for publication online will be free of any viruses, worms, Trojans, malware or any other malicious and unwanted software and no Advertisements & Content will cause an adverse effect on the operation of the Website(s) or the systems used by 720 MEDIA.
(vi) Advertisers submitting Advertisements & Content for publication and containing links to external websites must ensure that those links remain live throughout the duration of the Account and any renewals, revivals or extensions thereof. Failure to comply will be regarded by 720 MEDIA as a breach of Terms and may result in removal of Advertisements & Content or Account suspension without notice.
(vii) in relation to any Advertisement & Content relating to investment, the Advertiser is, or its contents have, been approved by, an authorised person within the meaning of the Financial Services Act 1986 or the advertisement is otherwise permitted under that Act.
(viii) the Advertiser is duly authorised and entitled to grant the licence referred to in paragraph 32 below.
9. Where the Advertiser is an advertising agency or media buyer, the Advertiser confirms, warrants and undertakes to 720 MEDIA that it is authorised by the advertiser of a product or service to place the Advertisements & Content with 720 MEDIA and the Advertiser agrees to indemnify 720 MEDIA and keep 720 MEDIA fully indemnified on demand from and against all and any losses, costs and expenses suffered or incurred by 720 MEDIA arising out of, or in connection with, any failure of the Advertiser to perform or discharge these Terms.
PAYMENT
10. All Advertisements & Content are accepted on the condition that they will be paid for at the applicable rates set out on the order page of The Website at www.onethirdeach.com/christmas2009/signup on the date of publication. 720 MEDIA may change its rates at any time by publishing the modified rates at www.onethirdeach.com/christmas2009/signup. Any changes to the rates will take effect immediately. However, in the case of the previous rates being erroneous, any changes to the applicable rates will not apply to any orders made prior to the date of such change.
11. To secure a Timeslot with a value of £500 or less, Advertisers shall make an immediate online payment to 720 MEDIA via PayPal for the full amount of the order value. Advertisers will then have immediate access to our support team to upload Advertisements & Content to the Website(s).
12. To secure a Timeslot of over the value of £500, Advertisers must make an immediate online payment to 720 MEDIA via PayPal of 10% of the order value with the balance to be paid within 5 working days via BACS, Swift or Bank Transfer to the account nominated by 720 MEDIA. The Account will be live for the uploading of Advertisements & Content immediately but content will not be published until full cleared payment is received.
13. All payments to 720 MEDIA hereunder shall be made in pounds sterling and shall be exclusive of any V.A.T chargeable thereon which shall be payable by the advertiser in addition, where applicable.
14. In the event of any failure by the Advertiser to make payment in full within the period referred to in clause 11 or 12 (as relevant), the Advertiser will be responsible in full for all expenses (including without limitation legal fees incurred on a solicitor and private client basis) incurred by 720 MEDIA in collecting such amounts. In the event of late payment the online publisher reserves the right to suspend the Advertisers Account and any Advertisements & Content on The Website(s) without further notice.
15. Acceptance of Advertisements & Content is subject to space availability at the time of order by 720 MEDIA.
ONLINE ADVERTISEMENTS & CONTENT
16. In the event of your Advertisements & Content failing to be published as agreed in any 24 hour period, 720 MEDIA will, provided that such a failure to publish is caused as a result of the negligence of 720 MEDIA, offer a discount on the next draw to the value of 1/No of days in current draw x No of days Advertisements & Content was not published as agreed. Statistics relating to publishing of Advertisements & Content are provided by 720 MEDIA's Hosting Company and such results shall be final and binding on the Advertiser. 720 MEDIA accepts no responsibility for any inaccuracy in the statistics provided by the Hosting Company.
17. 720 MEDIA shall publish Advertisements & Content globally although the Advertiser may specify certain IP addresses at which to publish specific targeted content . 720 MEDIA shall be under no obligation to target specific IP addresses. This service is available only to purchasers of Timeslots of 30 minutes and more and 720 MEDIA reserves the right to charge an additional fee for such a service subject to agreement with the Advertiser.
18. 720 Media accepts no responsibility for the failure to deliver content to a specific IP address where this is due to the actions of any state, corporation or individual.
19. It is hereby acknowledged by the Advertiser that 720 MEDIA does not currently provide impression based advertising.
20. It is the responsibility of the Advertiser to supply files and content for upload to The Website(s). Failure to provide Advertisements & Content may result in the timeslot being populated with other Advertisements & Content. There will be no reduction in the fee payable. Advertisers may place a link to their website and text description of their product or service in their Timeslot prior to uploading Advertisements & Content.
LIABILITY OF 720 MEDIA
21. 720 MEDIA accepts no responsibility for any interruption or delay the Advertiser experiences in uploading any Advertisements & Content to The Website(s) or any loss or damage to any Advertisements & Content, a copy or any other materials supplied by the Advertiser. The Advertiser warrants and undertakes to 720 MEDIA that it has retained sufficient quality and quantity of all materials supplied to 720 MEDIA.
22. 720 MEDIA will not be responsible for any additions to, changes in, deletions from, delays in publication or withdrawal of any Advertisements & Content required by any authority having responsibility for the regulation of online advertising (including without limitation the Advertising Standards Authority).
23. 720 MEDIA will use its reasonable endeavours to procure that the time, dates and/or position of all Advertisements & Content are consistent with the Timeslot purchased by the Advertiser based on GMT.
24. 720 MEDIA shall use its reasonable endeavours to comply with the Advertiser's reasonable instructions in relation to the Advertisement & Content but 720 MEDIA offers no representations, warranties or undertakings as to the quality or content of the reproduction of the Advertisement & Content on the Website. 720 MEDIA does not guarantee that the Advertiser will receive any responses to its Advertisements & Content.
25. If Advertisements & Content are not published at all when agreed and such a failure occurs solely as a direct result of 720 MEDIA’s negligence, 720 MEDIA will offer a discount on the next draw to the value of 1/No of days in current draw x No of days Advertisements & Content was not published as agreed. If this discount is not accepted, the Advertiser shall be entitled to a pro-rata refund if the Advertiser has paid in advance for the Advertisement (for example for each day unpublished, the advertiser will receive 1/No of days in current draw of the total value of the Account). This shall be the Advertiser’s sole remedy for failure to publish the Advertisements & Content.
26. 720 MEDIA shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a direct or consequential effect of the main loss suffered by the Advertiser or any loss which could not be reasonably contemplated by 720 MEDIA and the Advertiser, and 720 MEDIA’s maximum total liability for any loss or damage arising out of or in relation to any Advertisements & Content whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant Advertisements & Content actually paid by or on behalf of the Advertiser to 720 MEDIA.
27. For the avoidance of doubt, nothing in these Terms will limit or exclude 720 MEDIA's responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
28. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
LIABILITY OF THE ADVERTISER
29. The Advertiser shall indemnify and keep 720 MEDIA fully indemnified at all times against all claims, losses or expenses arising as a result of any breach or failure to perform of any of these Terms and/or the use or publication of the Advertisement by 720 MEDIA in accordance with these Terms.
RIGHTS
30. The Advertiser retains the copyright in all Advertisements & Content hosted on The Website(s)
31. The Advertiser hereby grants 720 MEDIA a licence (free of charge) to:
(i) use such of the Advertiser's names, trademarks and/or logos as 720 MEDIA may in its absolute discretion consider necessary for the purposes of publishing the Advertisements & Content;
(ii) reproduce the Advertisements & Content in any media at any time from the date the Advertisement was first published for promotional purposes. For the avoidance of doubt, the content, layout and format of any Website(s) will be subject to variation at 720 MEDIA's sole discretion without any notice being given.
CANCELLATION
32. Cancellation Policy: Any order can be cancelled without charge up to 7 days after the date of order. No order can be cancelled once Advertisements & Content has been published on The Website(s).
33. If the Advertiser is or at any time becomes insolvent, bankrupt, enters into any arrangement with its creditors or is otherwise in breach of any of these Terms, 720 MEDIA may treat the order and Account as cancelled without further notice to the Advertiser.
GENERAL
34. Any person who is not a party to these Terms will have no rights to rely upon or enforce any of these Terms.
35. If 720 MEDIA fails or delays in exercising its rights or remedies provided by these Terms, it shall not be deemed to have waived that or any other right or remedy under these Terms.
36. These Terms shall be governed by the laws of England and Wales and the courts of England and Wales will have exclusive jurisdiction in relation to these Terms.
A Million Dollars for Christmas
Advertisers Introduction
An Outline of the great options you can take advantage of on our sites.
Terms & Conditions
Technical Specifications
concept and design by onethirdeach.