Definitions and Acceptance of the Terms and ConditionsLast Updated: 16/10/2015
- Sports New Media Limited ("SNM") accepts publication of advertisements on the terms and conditions set out below ("Terms").
- These Terms apply to: online advertisements on www.givemesport.com.
- By placing an order, the Advertiser (which is the person placing the order for the Advertisement whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these Terms in full.
Content and Delivery of Advertisements
- Materials for an Advertisement must be provided no later than the deadline specified in the appropriate rate card and, for Advertisements on the Websites, in accordance with the Website technical specification.
- SNM may, without any responsibility to the Advertiser, reject, cancel or require any Advertisement to be amended that it considers unsuitable or contrary to these Terms and remove, suspend or change the position of any such Advertisement. SNM may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising in any of the Websites. The Advertiser will remain responsible for all outstanding charges.
- The publication of an Advertisement by SNM does not mean that SNM accepts the Advertisement has been provided in accordance with these Terms or that SNM has waived its rights under these Terms.
- The Advertiser guarantees to SNM that:
- any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
- it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
- the Advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice (including the UK Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (the "CAP Code") and all other codes under the general supervision of the Advertising Standards Authority and/or the Office of Fair Trading), are not libellous or obscene and do not infringe the rights of any person (including any person's intellectual property rights);
- the Advertisement will not be prejudicial to the image or reputation of SNM or the Websites and will not contain anything with SNM in good faith considers to be offensive or otherwise inappropriate;
- all Advertisements submitted for publication online will be free of any viruses, adware, malware, bit torrents, and no Advertisement will cause an adverse effect on the operation of the Website(s)
- Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorised by the advertiser of a product or service to place the Advertisement with SNM and the Advertiser will compensate SNM for any claim made by such advertiser against SNM.
- All Advertisements are accepted on the basis that they will be paid for at the applicable rates set out in the applicable rate card on the date of publication. SNM may change its rates at any. Any changes to the rates will take effect immediately. However, any changes to the applicable rates will not apply to any orders made prior to the date of such change.
- All sums payable to Sports New Media Ltd (SNM) should be made in accordance with SNM Financial Terms & Conditions which are: Unless a customer has applied for and been accepted as a credit account customer, SNM will provide services only on a pre-payment basis, with receipt of cleared funds prior to the booking being confirmed. Customers wishing to apply for a credit account must complete a Credit Application Form which is available on request from your sales contact. Until credit facilities are granted customers will remain on prepayment terms. SNM's standard payment terms are cleared funds 28 days from date of invoice. If the due date falls on a weekend or bank holiday the payment is due on the first working day immediately prior to the due date. As payment is due as cleared funds, under current banking arrangements, cheques should be despatched and payment by bank transfer should be processed by the customer three working days prior to the due date. SNM reserve the right to charge interest on late payment at 4% above the Bank of England base rate.
- The Advertiser acknowledges and agrees that discrepancies of up to 10% regarding the number of impressions served are common due to a variety of technical reasons. In the event of any disagreement regarding the number of impressions served, the Advertiser agrees that the figures provided by SNM's applicable third party provider will be final and binding.
- SNM cannot guarantee the number of impressions. In the event the number of impressions served during the campaign period is more than 10% less than the number of impressions booked by the Advertiser, SNM shall, as the Advertiser's sole remedy and provided the Advertiser has notified SNM of such under-delivery, continue to serve the Advertisements after the end of the campaign period until the number of booked impressions is reached. SNM will not be liable for any over-delivery of impressions (including without limitation in relation to any ad-serving costs) where such over-delivery is 10% or less. Where any such over-delivery exceeds 10%, SNM will not be liable unless such over-delivery arises due to SNM's act or omissions.
- SNM agrees that all Advertisements will be targeted at individuals in the UK unless otherwise stated at the time of booking.
- Where non-UK targeting is required, SNM will endeavour to target the Advertisement at individuals in the geo-location specified at the time of booking.
- The Advertiser guarantees to SNM that any landing page and/or destination site linked to from the Advertisements ("Advertiser's Site") will
- be legal, decent, honest and truthful,
- not be contrary to the provisions of any applicable law, regulation or code of practice (including the CAP Code),
- not be libellous or obscene,
- not infringe the rights of any person (including any person's intellectual property rights);
- not be prejudicial to the image or reputation of SNM or the Websites;
- be free from viruses, adware, malware, and/or bit torrents,
- not cause an adverse effect on the operation of the Website(s), and
- SNM and its service providers will only use any Advertiser Data solely in relation to the Advertiser's particular advertising campaign. All such Advertiser Data collected by SNM will be treated as the confidential information of the Advertiser and will not be disclosed by SNM to any third party (other than SNM's service providers for the purpose of SNM complying with its obligations under these Terms) without the consent of the Advertiser. In no event will any Advertiser Data be combined with information collected from other sources, except where the Advertiser has agreed otherwise.
- In the event advertising copy is received after midday on the day before an Advertisement is due to be published, the number of impressions booked will be reduced on a pro rata basis for every 24 hours that the copy for the Advertisement is supplied after this deadline. For example, if copy is provided 2 days late for a campaign that is due to serve 100,000 banners in a 10-day period, the number of impressions will be reduced by 20,000. There will be no reduction in the fee payable.
- SNM does not guarantee that Advertisements booked to appear on GiveMeSport will be spread evenly across the sites or that the Advertisement will appear on a particular site (unless SNM agrees in writing with the publisher to publish the Advertisement on a particular site).
- SNM does not guarantee that Advertisements booked will appear on any particular Website and/or that impressions will be spread evenly across any particular Websites. Furthermore, SNM does not guarantee that inventory meeting any criteria selected by the Advertiser will necessarily be available nor that it will be available in the volume desired by Advertiser. Where non-standard ad creatives (i.e. outside of IAB Leaderboard, Skyscraper & MPU) are not accepted by an ad exchange, the Advertiser shall submit standard creative in order for SNM to fulfil the booking.
- SNM will implement its default brand safety measures in respect of the sites on which Advertisements booked through GiveMeSport will appear. Notwithstanding the foregoing, SNM makes no guarantees regarding the quality and/or suitability of any sites on which Advertisements appear. If an Advertisement booked through GiveMeSport is published on a site which the Advertiser reasonably finds unsuitable, the Advertiser may notify SNM and SNM will, as the Advertiser's sole remedy, remove the Advertisement from the site as soon as reasonably practicable.
- The Advertiser may implement its own brand safety measures and site filters in addition to the default brand safety measures provided by SNM. Any such additional brand safety measures and filters implemented by the Advertiser shall operate by blocking the relevant ad from appearing on the relevant site after it has been served by SNM and will therefore not affect the number of impressions deemed to have been served in any campaign period.
Data Collecting on givemesport.com
- Where an Advertiser wishes to drop cookies on users' computers or use pixels, web beacons or other data collecting technology (the "Data Collecting Technology") for the purpose of displaying or providing advertising on the Websites and tracking impressions and related data, it shall notify SNM in advance of booking an Advertisement and provide all information requested by SNM regarding such Data Collecting Technology.
- If SNM authorizes the Advertiser to use Data Collecting Technology, SNM will provide written authorisation within the Insertion Order and Advertiser agrees to use such Data Collecting Technology and all data collected from it solely in the manner disclosed to SNM.
- SNM accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to SNM or any loss or damage to any Advertisement copy or any other materials. The Advertiser guarantees that it has retained sufficient quality and quantity of all materials supplied to SNM.
- SNM shall use its reasonable endeavours to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be of the same quality.
- SNM will not be responsible for any additions to, changes in, deletions from, delays in publication or withdrawal of any Advertisements required by any authority having responsibility for the regulation of online or press advertising (including the Advertising Standards Authority).
- SNM cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of SNM. However, SNM will use reasonable efforts to comply with the wishes of the Advertiser.
- If a booked Advertisement is not published at all solely due to a mistake on SNM's part, SNM will try to offer an alternative publication date(s). If the alternative date(s) is not accepted, the original booking will be cancelled and the Advertiser shall be entitled to a full refund if the Advertiser has paid in advance for the Advertisement. This shall be the Advertiser's sole remedy for failure to publish the advertisement.
- If the Advertisement as reproduced by SNM contains a substantial error solely due to a mistake on SNM's part, SNM shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. SNM shall not be responsible for repetition of errors and it is the Advertiser's responsibility to inform SNM of any errors and provide any necessary assistance to SNM to prevent a repeat of the error.
- SNM 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 side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by SNM and the Advertiser, and SNM's maximum total liability for any loss or damage arising out of or in relation to any Advertisement whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant Advertisement actually paid by or on behalf of the Advertiser.
- In respect of Advertisements on the Websites, SNM does not guarantee continuous, uninterrupted access by users of the Websites but will use reasonable efforts to provide this. In addition, SNM will not be responsible for any failure or delay affecting production or publication of the Websites and any Advertisements contained in them, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of SNM.
- For the avoidance of doubt, nothing in these Terms will limit or exclude SNM's responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
- Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
Liability of the Advertiser
- The Advertiser will fully reimburse SNM for 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 SNM in accordance with these Terms.
- SNM owns the copyright in all Advertisements written or designed by it or on its behalf.
- The Advertiser grants SNM the right (free of charge) to:
- use such of the Advertiser's names, trade marks and/or logos as SNM may consider necessary for the purposes of publishing the Advertisements;
- reproduce the Advertisement in any media at any time from the date the Advertisement was last published for promotional purposes. For the avoidance of doubt, the content, layout and format of any Website will be subject to variation at SNM's sole discretion.
- The cancellation period for an Advertisement varies according to the publication. The Advertiser may cancel an Advertisement provided that notice in writing is received by SNM within the relevant cancellation period. In respect of Advertisements on the Websites, the minimum notice period for cancellation by the Advertiser is 30 days unless agreed otherwise. Please send notice of your intention to cancel to the person who made your booking. Cancellation will only be effective on confirmation of receipt of your notice.
- If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, SNM may treat the order as cancelled.
- A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
- If SNM 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.
- Nothing in these Terms shall be deemed to constitute a relationship of principal and agent, a partnership, joint-venture, or co-ownership. Neither party shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.
- These Terms and the documents referred to herein replace all previous agreements between the Advertiser and SNM, and are the entire agreement between the Advertiser and SNM in respect of the Advertisements. To the maximum extent permitted by law, other than as set out in these Terms, all warranties and representations, whether express or implied, are excluded.
- Subject to clause 38, these Terms (and any non-contractual obligations arising in connection with them) shall be governed by English law and the courts of England and Wales will have exclusive jurisdiction in relation to these Terms (and any non-contractual obligations arising in connection with them).