These Advertising Terms and Conditions outline the rules and regulations for advertising on Diamond Buzz’s website located at the URL https://diamondbuzz.blog and for the advertising on Diamond Buzz’s Instagram and Pinterest accounts located at the URLs https://www.instagram.com/diamond_buzz/ and https://www.pinterest.com/diamond_buzz/. Please read these Terms and Conditions carefully before you place an advertisement on Diamond Buzz.
“Advertisement” includes any form of promotion, any sponsorship of any event or function of the Publisher’s, or any service provided by the Publisher to the Advertiser for which the Publisher customarily receives payment.
“Advertisement Order” means any order for an Advertisement submitted to the Publisher for the publication, reproduction or insertion of Material.
“Material” means any advertising material/copy, artwork, photographs, videos or other material provided or to be provided by the Advertiser in connection with the Advertisement Order.
Acceptance of These Terms and Conditions
These terms and conditions shall apply to all advertisements accepted for publication by the Publisher and represent the whole of the terms and conditions that govern the contract for the sale of the advertisement except insofar as shall be specifically agreed in writing by the Publisher, notwithstanding the Advertiser’s use of a confirmation, purchase order or any other document containing other terms and conditions. The Advertiser shall not be entitled to rely on any representation (save for fraudulent representations) or warranty, express or implied, which is not contained herein.
Publication of Advertisments
The Advertiser grants the Publisher an irrevocable, worldwide, royalty-free licence to reproduce, publish and republish the Advertisement within the relevant Publication (irrespective of the medium or platform in or on which it is published) in accordance with the provisions of the Advertisement Order.
The Publisher may reject, refuse, omit, postpone, cancel, or require changes to the whole or part of any Material, Advertisement Order or Advertisement submitted for insertion into a Publication at any time, whether or not it has accepted the Advertisement Order, including the dates for publication and positioning of the Advertisement, or to accept the Advertisement Order subject to additional conditions which will be notified by the Publisher to the Advertiser.
The Advertiser shall submit all Advertisements to the Publisher in accordance with the Publisher’s then-current technical specifications (as may be updated from time to time), the current version of which is available on request.
Save to the extent caused by its negligence, the Publisher shall not be responsible for any error or omission in the insertion of any Advertisement, or for any damage or loss of any copy, electronic files, data, drawings or other materials supplied for the purpose of an Advertisement or any shrinkage or colour alteration that may occur during the normal course of production.
It is the Advertiser’s responsibility to ensure that all Advertisements are correct, accurate and not misleading. The Publisher accepts no responsibility for any errors in an Advertisement including (without limitation) any errors which arise as a result of any changes or alterations undertaken by the Publisher at the Advertiser’s request.
The Advertiser contracts with the Publisher as a principal and warrants and represents to the Publisher that:
- it has full capacity and authority to enter into a binding contract with the Publisher on the provisions of these Terms and Conditions.
- all information and Material supplied to the Publisher is true, accurate and not misleading, and nothing contained in it is liable to bring the Publisher into disrepute;
- the Material is not obscene, defamatory, fraudulent, misleading or libellous, and shall not give cause, whether directly or indirectly, for any action to be brought against the Publisher for libel, fraud or publication of a false or misleading statement;
- the Material will not infringe the intellectual property rights or any other rights (including without limitation any right of privacy or confidence) whatsoever of any third party or unfairly prejudice the legitimate interest of any third party by implication or otherwise;
- the Material complies with all applicable legislation, laws, regulations and codes of practice (or similar);
- it shall ensure that all Advertisements submitted for publication are clearly recognisable as advertising and not designed to resemble editorial content. Where an Advertisement resembles editorial content or advertorial, the Advertiser warrants that the Advertisement and the Material complies with the Publisher’s guidelines concerning advertisements that resemble editorial content which are available to the Advertiser on request;
- where an Advertisement includes a competition, prize draw or similar promotion, the Material complies with, and the competition, prize draw or promotion shall be conducted by the Advertiser, in accordance with all applicable laws and regulations, and the Advertiser shall be responsible for the provision of all prizes;
- the Material shall not indicate an intention to discriminate on grounds of sex, race, religion or belief, disability, ethnic origin, age or sexual orientation;
- the Material shall not cause disruption to any computer, computer system, network or any Digital Format, and shall be free from viruses or malicious code;
- the Material shall not be prejudicial or damaging to the reputation of the Publisher;
- it shall provide the Publisher with all necessary Material by the date notified by the Publisher to the Advertiser, such date being of the essence. If the Customer fails to provide such Material by such date, the Advertiser acknowledges and agrees that the Publisher may not be able to fulfil its obligations under the Advertisement Order or these Terms and Conditions and accepts that the Publisher will not be liable for any such failure to any extent or at all;
- it shall not without the prior permission of the Publisher embed any tracking device, cookies, beacon, floodlight or another technological device in or as part of an Advertisement published on any Digital Format that enables the Advertiser to track or analyse the online behaviour of any user to which such Advertisement is served; and
- it has all necessary rights, licences and consents (including where necessary regulatory consents and consents from persons or entities cited or quoted in the Material) needed to permit the Publisher to use, display, reproduce, insert or publish the Material.
The Publisher warrants to the Advertiser that it shall use reasonable care and skill in carrying out its obligations under these Terms and Conditions. Except as otherwise expressly provided herein, all conditions, warranties, terms, prior representations, and undertakings express or implied, statutory or otherwise in respect of the services provided hereunder by the Publisher are to the fullest extent permitted by law expressly excluded.
The Advertiser agrees and acknowledges that the Publisher makes no representation or warranty:
- that any publication of any Advertisement will be confined to persons resident in any particular legal jurisdiction(s);
- as to the exact number of impressions and engagement that will be delivered on specific dates during an online campaign;
- the exact layout and format of any Publications which shall be in the discretion of the Publisher;
- as to the availability of any digital format, and in each case the Publisher accepts no liability to the Advertiser in respect of the same.
Liability and Indemnity
The Publisher shall not be liable to the Advertiser in contract, tort (including negligence) or otherwise for any indirect, consequential or special loss or any loss of Material, loss of profits, loss of business, loss of contracts, loss of orders, loss of revenue, loss of goodwill, loss of data or loss of anticipated savings.
The liability of the Publisher in respect of any and all other claims (whether in contract or tort) arising out of or in connection with an Advertisement or Advertisement Order shall not exceed the amount the Advertiser has paid the Publisher in connection with that Advertisement or Advertisement Order.
The Advertiser agrees to on demand fully indemnify and keep fully indemnified the Publisher against any and all losses, liabilities, costs, claims, damages, demands, expenses and fees (including but without limitation legal and other professional fees) suffered or incurred by the Publisher arising out of or in connection with:
- any other breach of these Terms and Conditions by the Advertiser; or
- any actual or potential infringement of a third party’s intellectual property rights;
- the publication by the Publisher of an Advertisement in accordance with an Advertisement Order.
The Advertiser shall pay the Publisher for all Advertisements submitted to the Publisher (and which are accepted by the Publisher) in accordance with this clause.
Rates for Advertisements are specified in the Rate Card provided here or as may otherwise be agreed and/or notified in writing to the Advertiser from time to time.
Unless otherwise agreed by the Publisher in writing, the Publisher shall invoice the Advertiser for all amounts as they become due. The Advertiser shall pay all invoices in full within 7 days of the date of the invoice.
Once an Advertisement Order has been accepted by the Publisher, the Advertiser may only cancel or alter the Advertisement, the Materials or the Advertisement Order up to 4 days from the agreed insertion date of the Advertisement. On the expiry of this date, the written consent of the Publisher is required for any and all cancellation or alteration pursuant to this clause.
The Advertiser has no other rights of cancellation. In the event that the Advertiser cancels an Advertisement other than in accordance with this clause, the Advertiser acknowledges and agrees that it shall remain fully liable to pay to the Publisher for the Advertisement.
Without prejudice to any other rights or remedies which the Publisher may have, the Publisher may terminate the contract between it and the Advertiser (without any liability) immediately on giving notice to the Advertiser in the event that if:
- the Advertiser fails to pay any amount due to the Publisher on or by the due date for payment; or
- the Advertiser commits a material breach of any of the material Terms and Conditions; or
- the Advertiser repeatedly breaches any of these Terms and Conditions in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to these Terms and Conditions.
The Publisher reserves the right to place the word “Advertisement” or “Sponsored” in any Advertisement containing Material which the Publisher considers, in its sole opinion, to too closely resemble editorial content.
With the exception of the Advertiser’s payment obligations, neither the Publisher nor the Advertiser shall be liable to each other for any failure to comply with the provisions of these Terms and Conditions as a result of any event beyond the reasonable control of either of them.
If any provision of these Terms and Conditions is held for any reason to be ineffective or unenforceable (in whole or in part) this shall not affect the validity or enforceability of the other Terms and Conditions set out herein, which shall remain in full force and effect.
These Terms and Conditions and the Rate Card shall constitute the entire agreement between the parties with regard to its subject matter and shall supersede all prior understandings, commitments and undertakings that either party may have given.
The contract between the Advertiser and the Publisher is personal to the Advertiser. The Advertiser may not assign, sub-license, sub-contract, transfer or charge the contract or any part of it without the prior written consent of the Publisher.
No variation or addition to these Terms and Conditions without the prior written consent of the Publisher shall be effective unless agreed to in writing by the Publisher and any additional terms the Advertiser may seek to impose shall be void and/or unenforceable.
Effective date: May 3, 2021