The following terms and conditions are deemed to be incorporated into each advertising order accepted by Pixel Cities for all of its publications whether printed or electronic.
1. TERMS OF PAYMENT
1.1 The Advertiser must pay the invoiced amounts to Pixel Cities, in pounds sterling within seven (7) days after the date of the invoice.
1.2 The Advertiser represents and warrants that it contracts with Pixel Cities as principal, and has the authority to do so, notwithstanding that the Advertiser may be acting as an advertising agency or media buyer or in some other representative capacity.
2. POSITIONING AND LICENSE
2.1 The Advertiser hereby grants to Pixel Cities a license to reproduce, use and display the Advertiser materials (including all contents, trademarks and brand features contained therein) provided by the Advertiser in relation to the Order and these Advertising Terms and Conditions and to modify the same to fit the format and look-and-feel of and to integrate with the functionality of the relevant Pixel Cities property and/or Pixel Cities technology. Features or works provided, promoted or hosted by Pixel Cities in relation to the Order shall (with the exception of any Advertiser’s materials) belong to Pixel Cities unless expressly assigned to the Advertiser in writing.
2.2 Except as otherwise expressly provided in the Order, positioning of advertisements within the Pixel Cities properties or on any page is at the sole discretion of Pixel Cities, and Pixel Cities will not be prohibited from also carrying advertisements for any product or business competitive to the product or business of the Advertiser.
2.3 Pixel Cities does not guarantee the times, dates or positions of the advertisement(s), but Pixel Cities will use reasonable efforts to comply with the Advertiser’s wishes.
Except as expressly set out in the Order, any renewal of the Order and acceptance of any additional advertising will be at Pixel Cities sole discretion. The rates applicable to such renewal period (if any) are subject to change by Pixel Cities from time to time in its absolute discretion.
4. LIMITATION OF LIABILITY
4.1 If Pixel Cities fails to publish any advertisement provided in the Order, Pixel Cities liability will be limited (at the option of Pixel Cities) to either: (a) publish, as soon as reasonably practicable the advertisement (or a replacement advertisement if provided by the Advertiser) on positions agreed in the Insertion Order or in alternative positions agreed with the Advertiser; or (b) refund to the Advertiser that proportion of the amounts already paid which relate to those advertisements, and if the amounts were not paid by the Advertiser, agree that such amounts will not be due or payable.
4.2 In no event will Pixel Cities be responsible in contract, or, negligence or otherwise, for: (a) loss of profits, business, contracts, revenues, goodwill, production and anticipated savings; or (b) any indirect, consequential, special or economic loss of any kind; arising from any failure to publish in a timely manner or at all any advertisement in accordance with the Order. Pixel Cities shall not be liable for any features or works provided, promoted or hosted by Pixel Cities in relation to the Order.
4.3 Without limiting the foregoing, Pixel Cities will have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown or any other condition beyond the control of Pixel Cities affecting production or delivery in any manner.
4.4 Pixel Cities does not limit or exclude liability for death or personal injury caused by its negligence.
4.5 Each of the provisions of this clause 4 are to be construed separately and independently of the other, and if any provision of this clause 4 (or any other clause herein) is found by any court or other judicial body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision will not affect the other provisions of this clause 4 (or any other clause herein) which will remain in full force and effect.
You undertake and warrant that at all times you will maintain such insurances as required by law and appropriate public liability insurance that is sufficient to cover potential liability arising to customers or members of the public from your provision of services and shall provide evidence (where applicable) to Pixel Cities of such insurance as part of your Order.
Pixel Cities reserves the right to cancel the Order with immediate effect and without refund of any payments made and remove all of the Advertiser’s material should repetitive and justified complaints of bad workmanship and failure be received by Pixel Cities.
These Terms and Conditions are governed by and construed in accordance with, the laws of England, and the parties submit to the nonexclusive jurisdiction of the English courts; and (ii) constitute the complete and entire expression of the agreement between the parties, and supersede all other prior understandings, commitments, agreements and (unless made fraudulently) representations, whether written or oral between the parties.
Please email us to submit any questions, comments and requests regarding these Terms & Conditions Email: firstname.lastname@example.org