Advertising Terms and Conditions

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Advertising Terms and Conditions

The expressions used to simplify agreements:

This Advertising Terms and Contidions (“Policy”) is an agreement between Atmostfear Entertainment S.A.S. (“us”, “we”, “our” or “ours”) and you (“User”, “you”, “your” or “Data Subject”).

These terms set forth the general guidelines of your use of our Sites (collectively “Network”) and any of its Products, Subscriptions or Services (collectively “Services”), including all information, and tools available to you, the User, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

The references used to identify on agreements:

We accept the publication of Advertisements (as defined below) on the terms and conditions set out herein. These Terms apply to:

  • print advertisements in the event posters, and flyers as well as inserts (“collectively referred to as Inserts”);
  • online advertisements on all our websites (collectively referred to as “Network”);
  • online advertisements on our subsites (collectively referred to as “Sites”); and
  • online advertising booked through our publisher trading desk “Market” (collectively referred to as “Advertisements”).

By placing an order, the Advertiser accepts and agrees to be bound by these Terms in full.

Inserts are flyers inserted in publications:

Occasionally, we might not be able to distribute the number of Inserts agreed with the Advertiser on a specific day due to changes in the print run.

Where this happens, we will distribute all “overs” at the next suitable opportunity (usually the next day or next available date arranged with the printing sites).

The Advertiser will be liable for the full cost of the Insert order.

In no event, we will be responsible for loss arising from failure to insert or any errors in the insertion of Inserts.

Advertising booking, requirements and delivery:

We do not guarantee that Advertisements booked through us will appear on any particular pages of our Network and/or that impressions will be spread evenly across any specific pages.

Furthermore, we do 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 an ad exchange does not accept non-standard ad creatives (i.e. outside of IAB Leaderboard, Skyscraper, and MPU), the Advertiser shall submit standard creative for us to fulfil the booking promptly.

Materials for any Advertisement (whether print or digital) must adhere to our technical specifications and be delivered to us within the applicable timeframes, each as set out here.

When we build digital Advertisement units on behalf of the Advertiser, the Advertiser must provide assets under the requirements set out in our Digital Advertising Production Format Guide.

We may, without any responsibility to the Advertiser, reject, cancel or require any Advertisement to be amended.

Rejection, cancellation or requests for amends may occur we consider the Advertisement unsuitable for delivery.

If said Advertisement is contrary to our Terms, we may have it removed, cancel the printing, suspend or change the position of any Advertisement.

We may refuse to publish any Advertisements that have unpaid sums due for any Advertiser currently running on sites of Inserts.

The Advertiser will remain responsible for all outstanding charges.

The publication of an Advertisement by us does not mean that we accept the Advertisement to be provided per these Terms.

It also does not also mean that we have waived its rights under these Terms.

The Advertiser acknowledges and agrees that discrepancies of up to 10% (ten percent) 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 our applicable third-party provider will be final and binding.

Unfortunately, we cannot guarantee the number of impressions.

In the event the number of impressions served during the campaign period is more than 10% (ten percent) less than the number of impressions booked by the Advertiser, we shall, as the Advertiser’s sole remedy, and provided the Advertiser has notified us 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.

We will not be liable for any over-delivery of impressions (including without limitation concerning any ad-serving costs) where such over-delivery is 10% (ten percent) or less.

Where any such over-delivery exceeds 10% (ten percent), we will not be liable unless such over-delivery arises due to our acts or omissions.

We agree that all Advertisements will be targeted at individuals unless otherwise agreed in writing between the parties at the time of booking.

Where another targeting is required, we will endeavour to target the Advertisement at individuals in the geo-location specified at the time of booking.

The Advertiser guarantees to us that any landing page and/or destination website hyperlinked 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 our image nor reputation of the Network or Inserts;
  • be free from viruses, adware, malware, and/or bit torrents,
  • not cause an adverse effect on the operation of our Network and
  • have a conspicuous privacy policy which complies with all applicable data protection and privacy laws, regulations and codes of practice.

To the extent that we set cookies on the devices of users of the Advertiser’s Site(s) or uses any other data collecting technology (such as pixels, tags, JavaScript, or other code, including the tags of third party service providers) for the purpose of tracking impressions and related data (“Advertiser Data”), the Advertiser shall ensure that it has a lawful basis for the use of such data-collecting technology and the collection of Advertiser Data from visitors to the Advertisers Site(s) and that the Advertiser and the Advertiser’s Site(s) complies with all applicable data protection and/or privacy laws, regulations and codes of practice.

Its service providers and we will only use any Advertiser Data solely concerning the Advertiser’s particular advertising campaign.

All Advertiser Data collected by us will be treated as the confidential information of the Advertiser and will not be disclosed by us to any third party 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 (twenty-four) hours that the copy for the Advertisement is supplied after this deadline.

For example, if a copy is provided two days late for a campaign that is due to serve 100,000 (one hundred thousand) banners in 10 (ten) days, the number of impressions will be reduced by 20,000 (twenty thousand).

There will be no reduction in the fee payable.

Where an Advertiser wishes to drop cookies on users’ computers or use pixels, web beacons or other data collecting technology (the “Data Collecting Technology”) to display or provide advertising on our  Network and tracking impressions, analytics, measurement and verification of advertising campaigns (together, “Analytics Data”), it shall notify us in advance of booking an Advertisement and provide all information requested by us regarding such Data Collecting Technology.

If we agree to the Advertiser’s disclosed use of Data Collecting Technology to collect Analytics Data, we will provide written authorisation to the Advertiser.

Subject to the preceding, Advertiser agrees to use such Data Collecting Technology and all data collected from it solely in the manner disclosed to us.

All Analytics Data collected by the Advertiser through such Data Collecting Technology will be confidential information owned by us and will not be disclosed by the Advertiser to any third party without our prior written consent.

In no event shall Data Collecting Technology or the data collected from it:

  • be used by the Advertiser for profiling users’ interests, segmentation, or tracking or targeting users when they leave the Network; or
  • be combined with information collected from other sources; in each case except where we have given agreement in writing.

We reserve the right to scan the Advertisements to ensure Advertiser’s compliance without our Terms.

The Advertiser shall procure that all other partners and entities in the supply chain with which Advertiser works or contracts concerning an Advertisement (collectively, the “Advertiser Partners”) shall comply with these Terms.

The Advertiser shall ensure it complies with all applicable laws and regulations concerning such Data Collecting Technology and that all Analytics Data will be deleted from its servers upon the end of the relationship between the Advertiser and us.

Keeping reputation safe when advertised online:

We will implement our default brand safety measures in respect of the Network on which Advertisements booked through us will appear.

We serve all advertising for the digital platforms on a whitelist which has been manually vetted to ensure the quality of both our Network.

Notwithstanding the preceding, we make no guarantees regarding the quality and/or suitability of our Network on which Advertisements booked will appear.

The Advertiser may implement its brand safety measures and site filters in addition to the default brand safety measures provided by us.

Any such additional brand safety measures and filters implemented by the Advertiser shall operate by blocking the relevant Advertisement from appearing on the Network after it has been served by us and will therefore not affect the number of impressions deemed to have been served in any campaign period.

If an Advertisement booked through us is published on pages which the Advertiser reasonably believes to be unsuitable or an Advertisement appears on the pages in a manner which the Advertiser reasonably believes to be inappropriate, the Advertiser may notify us.

We will, as the Advertiser’s sole remedy, remove the Advertisement from the pages (as applicable) as soon as reasonably practicable.

For more information about our brand safety measures, please consult the Brand Safety Policy.

Responsibilities, legalities and attributed rights:

We accept no responsibility for any interruption or delays the Advertiser experiences in delivering any Advertisement copy to us 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 us.

We shall use our reasonable endeavours to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be of the same quality.

Advertisements typically appear in all editions of the Network; however, we reserve the right to omit certain Advertisements from European regions.

We 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).

The Advertiser will fully indemnify us 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 us following these Terms.

The Advertiser guarantees under these Terms that:

  • any information supplied in connection with the Advertisement is accurate, complete, genuine and not misleading;
  • it has obtained the consent of any living person whose name or image (in whole or in part) is present in any Advertisement;
  • the Advertisements are legal, ethical, trustworthy and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice (including the United Kingdom 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 our company or the Network or the Inserts, and will not contain anything related to us in good faith that may be considered 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 harm the operation of the pages; and
  • all digital Advertisements comply with the standards for online advertising published by the Coalition for Better Ads; and
  • the “L.E.A.N.” best practice principles for online advertising standards published by the Interactive Advertising Bureau, each as may be updated from time to time.

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 us and the Advertiser will compensate us for any claim made by such Advertiser against us.

We own the copyright in all Advertisements written or designed by it or on behalf of the Advertiser.

The Advertiser grants us the right (free of charge) to:

  • use such of the Advertiser’s names, trademarks and/or logos as we may consider necessary for publishing the Advertisements;
  • reproduce the Advertisement in any media at any time from the date the Advertisement was last published in the Network or pages for promotional purposes.

For the avoidance of doubt, the content, layout and format of any pages or Inserts will be subject to variation at our sole discretion.

Service payment, and cancellation:

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.

We may change its rates at any time by publishing the modified rates here. Any changes to the rates will take effect immediately.

All sums payable to us should be made following our Financial Terms and Conditions.

Those Terms are: Unless a customer has applied for and been accepted as a credit account customer, we will provide services only on a pre-payment basis, with receipt of cleared funds before the booking is 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 pre-payment terms.

Our standard payment terms are cleared funds 28 (twenty-eight) 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 before 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 3 (three) working days before the due date.

We reserve the right to charge interest on late payment at 4% (four percent) above the bank base rate.

The cancellation period for an Advertisement varies according to the publication.

The Advertiser should refer to the relevant rate card, here.

The Advertiser may cancel an Advertisement provided that we receive notice in writing within the relevant cancellation period.

In respect of Advertisements on the Network, the minimum notice period for cancellation by the Advertiser is 30 (thirty) days, unless agreed otherwise.

Please send notice of your intention to cancel to the person who made your booking.

Cancellation will only be valid on confirmation of receipt of your notification.

If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, we may treat the order as cancelled.

Waived rights to third parties:

This Advertising Terms and Conditions does not apply to the practices of companies that we do not own or manage, or to individuals that we do not employ or manage.

A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.

If we fail or delay 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 us in respect of the Advertisements and no modification to these Terms will be effective unless made in writing and signed by both the Advertiser and us.

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.

Subject to these Terms (and any non-contractual obligations arising in connection with them) shall be governed by Colombian law and the courts of Colombia will have exclusive jurisdiction concerning these Terms (and any non-contractual obligations arising in connection with them).

These Terms (and any non-contractual obligations arising in connection with them) shall be governed by Colombian law, and the courts of Colombia will have exclusive jurisdiction concerning these Terms (and any non-contractual obligations arising in connection with them).

Keeping up to date with revisions:

Any new features or appliances which are added to the current Advertising service shall also be subject to this Terms.

You can review the most current version of our Terms at any time on this document.

We reserve the right to update, change or replace any part of these Terms by publishing updates and/or changes to our Network at any time in our sole discretion.

Any changes or modification will be effective immediately upon publishing of the revisions on the Network, and you waive any right you may have to receive specific notice of such changes or modifications.

It is your responsibility to review this Terms periodically for changes.

Your continued use of or access to our Network following publishing of any changes constitutes your acceptance of such changes.

This document was last updated on July 26th, 2020.