Definitions and Acceptance of the Terms and Conditions
The Darker Side of Austin (“TDSOA”) accepts publication of Advertisements (as defined below) on the terms and conditions set out herein (“Terms”).
In these terms and conditions, “the Advertiser” means the party booking advertising space together with any agent acting on their behalf.
“Advertisement” means online advertisements on thedarkersideofaustin.com (the “Website”).
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 any Advertisement must adhere to TDSOA’s technical specifications and be delivered to TDSOA within the applicable timeframes.
TDSOA 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. All Advertisements must paid paid in full prior to publication. TDSOA may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising in the Website. The Advertiser will remain responsible for all outstanding charges.
The publication of an Advertisement by TDSOA does not mean that TDSOA accepts the Advertisement has been provided in accordance with these Terms or that TDSOA has waived its rights under these Terms.
The Advertiser guarantees to TDSOA 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, are not libelous 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 TDSOA or the Website, and will not contain anything with TDSOA in good faith considers to be offensive or otherwise inappropriate;
- all digital 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; and
- all digital Advertisements comply with (i) the the standards for online advertising published by the Coalition for Better Ads (https://www.betterads.org).
Payment
All Advertisements are accepted on the basis that they will be paid for at the prevailing rates set out in the rate card on the date of publication. TDSOA may change its rates at any time by publishing the modified rates here. 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 TDSOA should be made in accordance with TDSOA’s Financial Terms & Conditions which are: TDSOA will provide services only on a pre-payment basis, with receipt of cleared funds prior to the booking being confirmed. TDSOA’s standard payment terms are cleared funds 7 days from date of invoice. As payment is due as cleared funds, payments should be processed 2-3 days prior to guarantee arrival on the due date.
Online Advertisements
The Advertiser acknowledges and agrees that the Advertisement will be served for one full calendar month to all visitors of the Website. TDSOA does not target Advertisements or charge by impression or CPM.
The Advertiser guarantees to TDSOA that any landing page and/or destination site linked to from the Advertisements (“Advertiser’s Site”) will (i) be legal, honest and truthful, (ii) not be contrary to the provisions of any applicable law, regulation or code of practice, (iii) not be libelous or obscene, (iv) not infringe the rights of any person (including any person’s intellectual property rights); (v) not be prejudicial to the image or reputation of TDSOA or the Website; (vi) be free from viruses, adware, malware, and/or bit torrents, (vii) not cause an adverse effect on the operation of the Website, and (viii) have a conspicuous privacy policy which complies with all applicable data protection and privacy laws, regulations and codes of practice.
TDSOA 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 TDSOA will be treated as the confidential information of the Advertiser and will not be disclosed by TDSOA to any third party (other than TDSOA’s service providers for the purpose of TDSOA 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.
Liability of TDSOA
TDSOA cannot guarantee the time, and/or position of Advertisements and all such decisions will be at the sole discretion of TDSOA.
If a booked Advertisement is not published at all solely due to a mistake on TDSOA’s part, TDSOA 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.
In respect of Advertisements on the Website, TDSOA does not guarantee continuous, uninterrupted access by users of the Website but will use reasonable efforts to provide this. In addition, TDSOA will not be responsible for any failure or delay affecting the transmission of the Website 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 TDSOA.
Rights
The Advertiser grants TDSOA the right (free of charge) to:
- use such of the Advertiser’s names, trade marks and/or logos as TDSOA 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 in the Newspapers for promotional purposes. For the avoidance of doubt, the content, layout and format of the Website will be subject to variation at TDSOA’s sole discretion.
Cancelation
Advertisements on the Website, the minimum notice period for cancellation by the Advertiser is 7 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, TDSOA may treat the order as cancelled.
General
A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms. If TDSOA 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 are the entire agreement between the Advertiser and TDSOA in respect of the Advertisements and no modification to these Terms will be effective unless made in writing and signed by both TDSOA and the Advertiser.
View the rate card.
Terms last updated: November 11, 2020