Advertising Terms and Conditions
1. Definitions and Acceptance of the Terms and Conditions
1.1 Thrust Publishing Limited of 183 Kingston Road London SW19 1LH United Kingdom(“TPL”) accepts publication of Advertisements (as defined below) on the terms and conditions set out herein (“Terms”).
1.2 These Terms apply to:
1.2.1 Print advertisements in the DJ Mag, DJ Mag North America, DJ Mag Ibiza and DJ Mag Croatia (“Magazines”) as well as inserts (“Inserts”) and books (“Books”);
1.2.2 Online advertisements on www.djmag.com (the “Website”), together (“Advertisements”)
1.3 By placing an order, the “Advertiser” (which is the person placing the order for the Advertisements whether they are the advertiser of the product or service referred to in the Advertisements or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these Terms in full.
2. Content and Delivery of Advertisements
2.1 Materials for any Advertisements (whether print or digital) must adhere to TPL’s technical specifications and be delivered to TPL within the applicable timeframes, each as set out here. When TPL builds digital Advertisements units on behalf of the Advertiser, the Advertiser must provide assets in accordance with the requirements set out in TPL’s Digital Advertising Production Format Guide here.
2.2 TPL may, without any responsibility to the Advertiser, reject, cancel or require any Advertisements to be amended that it considers unsuitable or contrary to these Terms and remove, not print, suspend or change the position of any such Advertisements. TPL may refuse to publish any Advertisements for any Advertiser who has not paid any sums due for any advertising in any of the Magazines, Books or the Website. The Advertiser will remain responsible for all outstanding charges.
2.3 The publication of Advertisements by TPL does not mean that TPL accepts the Advertisements has been provided in accordance with these Terms or that TPL has waived its rights under these Terms.
2.4 The Advertiser guarantees to TPL that:
2.4.1 any information supplied in connection with the Advertisements is accurate, complete, true and not misleading;
2.4.2 it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisements;
2.4.3 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);
2.4.4 the Advertisements will not be prejudicial to the image or reputation of TPL or the Website, Books or the Magazines, and will not contain anything with TPL in good faith considers to be offensive or otherwise inappropriate;
2.4.5 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
2.4.6 all digital Advertisements comply with (i) the standards for online advertising published by the Coalition for Better Ads (https://www.betterads.org); and (ii) the “L.E.A.N.” best practice principles for online advertising standards published by the IAB UK, each as may be updated from time to time.
2.5 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 TPL and the Advertiser will compensate TPL for any claim made by such advertiser against TPL.
3.1 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. TPL 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.
3.2 All sums payable to TPL should be made in accordance with TPL’s Financial Terms & Conditions which are: Unless a customer has applied for and been accepted as a credit account customer, TPL 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. TPL’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. TPL reserve the right to charge interest on late payment at 4% above the Bank of England base rate.
4. Online Advertisements
4.1 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 TPL’s applicable third party provider will be final and binding.
4.2 TPL 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, TPL shall, as the Advertiser’s sole remedy, and provided the Advertiser has notified TPL in writing of such under-delivery, continue to serve the Advertisements after the end of the campaign period until the number of booked impressions is reached. TPL 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%, TPL will not be liable unless such over-delivery arises due to TPL’s act or omissions.
4.5 TPL 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 TPL will be treated as the confidential information of the Advertiser and will not be disclosed by TPL to any third party (other than TPL’s service providers for the purpose of TPL 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.
5. Cookie usage on djmag.com
5.1 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 Website and tracking impressions, analytics, measurement and verification of advertising campaigns (together, “Analytics Data”), it shall notify TPL in advance of booking an Advertisement and provide all information requested by TPL regarding such Data Collecting Technology.
5.2 If TPL agrees to the Advertiser’s disclosed use of Data Collecting Technology to collect Analytics Data, TPL will provide written authorisation to the Advertiser. Subject to the foregoing, Advertiser agrees to use such Data Collecting Technology and all data collected from it solely in the manner disclosed to TPL.
5.3 All Analytics Data collected by the Advertiser through such Data Collecting Technology will be confidential information owned by TPL and will not be disclosed by the Advertiser to any third party without TPL’s prior written consent.
5.4 In no event shall Data Collecting Technology or the data collected from it: (i) be used by the Advertiser for the purposes of profiling users’ interests, segmentation, or tracking or targeting users when they leave the Website; or (ii) be combined with information collected from other sources; in each case except where TPL has given agreement in writing. TPL reserves the right to scan the Advertisements to ensure Advertiser’s compliance with clauses 23-26.
5.5 The Advertiser shall procure that all other partners and entities in the supply chain with which Advertiser works or contracts in relation to an Advertisements (collectively, the “Advertiser Partners”) shall comply with these Terms.
5.6 The Advertiser shall ensure it complies with all applicable laws and regulations with respect to such Data Collecting Technology and that all Analytics Data will be deleted from its servers upon the end of the relationship between TPL and the Advertiser.
6.1 Occasionally, TPL cannot distribute the number of Inserts agreed with the Advertiser on a specific day due to changes in the print run. Where this happens, TPL will distribute all ‘overs’ at the next suitable opportunity (usually the next day or next available date arranged with the print sites). The Advertiser will be liable for the full cost of the Insert order. In no event will TPL be liable for loss arising from failure to insert or any errors in the insertion of Inserts
7. Liability of TPL
7.1 TPL accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisements copy to TPL or any loss or damage to any Advertisements copy or any other materials. The Advertiser guarantees that it has retained sufficient quality and quantity of all materials supplied to TPL.
7.2 TPL shall use its reasonable endeavours to reproduce Advertisements as provided by the Advertiser but cannot guarantee that Advertisements will be of the same quality.
7.3 TPL 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).
7.4 TPL cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of TPL. However, TPL will use reasonable efforts to comply with the wishes of the Advertiser.
7.5 If booked Advertisements are not published at all solely due to a mistake on TPL’s part, TPL will offer an alternative publication date(s).
7.6 If the Advertisements as reproduced by TPL contains a substantial error solely due to a mistake on TPL’s part, TPL shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. TPL shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform TPL of any errors and provide any necessary assistance to TPL to prevent a repeat of the error.
7.7 TPL 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 TPL and the Advertiser, and TPL’s maximum total liability for any loss or damage arising out of or in relation to any Advertisements whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant Advertisements actually paid by or on behalf of the Advertiser.
7.8 In respect of Advertisements on the Website, TPL does not guarantee continuous, uninterrupted access by users of the Website but will use reasonable efforts to provide this. In addition, TPL will not be responsible for any failure or delay affecting production or publication of any Magazine or 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 TPL.
7.9 For the avoidance of doubt, nothing in these Terms will limit or exclude TPL’s responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
7.10 Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
8. Liability of the Advertiser
8.1 The Advertiser will fully indemnify TPL from all investigations, claims, fines, losses, damages, costs (including reasonable legal fees) expenses and liabilities arising as a result of any breach or failure to comply with any of these Terms and/or the use or publication of the Advertisement by TPL in accordance with these Terms.
9.1 TPL owns the copyright in all Advertisements written or designed by it or on its behalf.
9.2 The Advertiser grants TPL the right (free of charge) to:
9.2.1 use such of the Advertiser’s names, trade marks and/or logos as TPL may consider necessary for the purposes of publishing the Advertisements;
9.2.2 reproduce the Advertisements in any media at any time from the date the Advertisements were last published in the Magazines for promotional purposes. For the avoidance of doubt, the content, layout and format of any Website or Magazine will be subject to variation at TPL’s sole discretion.
10. Cancellation policy
10.1 No cancellation is allowed. However, if the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, TPL may treat the order as cancelled.
11.1 A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
11.2 If TPL 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.
11.3 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.
11.4 These Terms are the entire agreement between the Advertiser and TPL in respect of the Advertisements and no modification to these Terms will be effective unless made in writing and signed by both TPL and the Advertiser.
11.5 These Terms and any documents referred to and therefore incorporated by reference herein shall apply to the exclusion of all other terms and conditions which the Advertiser purports to apply to the purchase of Advertisements (including, without limitation, terms in any insertion or purchase order, e-mail, acknowledgement or click through agreement). 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.
11.6 Subject to clause 31, 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).