WavidoTV Advertising Terms & Conditions
The following terms and conditions advertising agreement shall govern the relationship between www.wavido.com WavidoTV (herinafter referred to as WavidoTV) and Advertiser: WavidoTV Advertising Terms And Conditions
1. Terms of Payment
Payment is due in full prior to starting any advertising on the WavidoTV website.
Advertiser will be invoiced on the first day of the contract period set forth by this agreement. Payment shall be made to WavidoTV within thirty (10) days from the date of invoice. In the event of any failure by Advertiser to make payment, any Advertising currently on the WavidoTV Website will be removed until such time as advertising cost is paid.
Except as otherwise expressly provided by WavidoTV, positioning of advertisements on the WavidoTV web site is at the sole discretion of WavidoTV. Advertiser acknowledges and agrees that, except as provided herein, WavidoTV has not made any guarantees, inducements, warranties or other representations with respect to usage statistics or levels of impressions for any advertisement. In some cases, WavidoTV provides the Advertiser with estimated usage statistics, but this is done only at the request of, and as a courtesy to, the Advertiser, and the Advertiser acknowledges and agrees that any such statistics are expressly excluded from these Terms & Conditions. WavidoTV shall not be held liable for any claims whatsoever relating to such usage statistics.
Except as expressly set forth by WavidoTV, any renewal or acceptance of any additional advertising order shall be at WavidoTV’s sole discretion. Pricing for any renewal period is subject to change by WavidoTV from time to time.
4. No Assignment or Resale of Ad Space
Advertiser may not resell, assign or transfer any of its rights hereunder, and any attempt to resell, assign or transfer such rights shall result in immediate termination of this contract, without liability to WavidoTV.
5. Limitation of Liability
To the full extent permitted by law, WavidoTV’s liability for breach of implied warranties, conditions or undertakings which cannot be excluded is limited, in the case of goods, at WavidoTV’s option, to (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or of acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired, and in the case of services WavidoTV’s liability is limited, at WavidoTV’s option, to (a) the supply of the services again or (b) the payment of the cost of having the services supplied again.
In no event shall WavidoTV be responsible for any consequential or special damages, lost profits or any other damages arising from any failure to publish any advertisement timely or otherwise. Without limiting the foregoing, WavidoTV shall not have any 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, labor or material shortage, transportation interruption of any kind, work slowdown or any other condition beyond the control of WavidoTV affecting production or delivery in any manner.
6. Advertisers Representations; Indemnification
Advertisements are accepted only on the condition that the Advertiser warrants to WavidoTV that the Advertiser has the right to publish the advertisement without the infringement of any rights (including copyrights) of any party.In consideration of WavidoTV publishing the advertisement, the Advertiser indemnifies and holds WavidoTV harmless against any and all claims for any form of damages, losses, costs injury or harm sustained by WavidoTV or any other party (including all reasonable fees of any legal advisers) in consequence of the publication of, or any act or omission in relation to, the advertisement and/or any material of the Advertiser to which users can link through the advertisement. The Advertiser warrants that all product specifications, performance, service and other claims contained in the advertisement can be fully substantiated and are in conformity with relevant National and State laws, including all other forms of regulation.
7. Submitting of Advertising Materials
Advertiser will provide all materials for the advertisement (including GIF or JPG files), in accordance with WavidoTV’s policies in effect from time to time, including (without limitation) the manner of transmission to WavidoTV and the time prior to publication of the advertisement. Unless otherwise expressly agreed to by WavidoTV and the Advertiser, advertisements shall be submitted in either banner or button format. Unless otherwise expressly agreed to by WavidoTV and the Advertiser, button advertisements shall be submitted in GIF, JPG, IAB compliant ad units i.e. .flv,.mp4, formats exactly, 125 X 125, 300 X 250, 728 X 90, 300 X 600, 468 X 60 pixels in width and height. No java will be accepted. Total file size of button, image advertisements shall be less than 50 kilobytes, while video ad units should not exceed 5mb. WavidoTV shall not be required to publish any advertisement that is not received in accordance with such policies. WavidoTV will not be liable for any form of damage, loss, costs, injury or harm sustained by the Advertiser or any other party in consequence of or resulting directly or indirectly out of any delay or error in, or omission, cancellation, publication or transmission of, any advertisement.
8. Right to Reject Advertisement
WavidoTV reserves the right to reject, remove or cancel any advertising, space reservation or position commitment at any time and for any reason in its sole discretion
Except as otherwise provided, this advertising agreement is non-cancel-able by Advertiser and no payments are refundable.
No conditions other than those set forth in these Terms & Conditions shall be binding on WavidoTV unless expressly agreed to in writing by WavidoTV.
11. Binding Agreement
By placing advertising with WavidoTV, advertiser agrees to be bound by these terms and conditions. These terms and conditions shall be governed by and construed in accordance with the substantive laws of the European Union. Any civil action or proceeding arising out of or related to this contract shall be brought in the courts of record of the Province of Friesland, Leeuwarden or the N.L. District Court for the Country, Netherlands. Advertiser and agency each consent to the jurisdiction of such courts and waive any objection to the laying of venue of any such civil action or proceeding in such courts. The parties hereto expressly intend the provisions of this Agreement to confer a benefit upon and be enforceable by, as third-party beneficiaries of this Agreement, the third persons referred to in, or intended to be benefited by, such provisions. No failure or delay by the WavidoTV in exercising any of its rights, powers or privileges hereunder shall operate as a waiver thereof, and no single or partial exercise thereof shall preclude any other or further exercise thereof.