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: