Advertising Terms & Conditions
All Advertising is managed by FoxyCarts, for both Amazon Payments and PayPal, and is billed monthly. You may cancel at anytime, but no refunds will be issued for the current billing cycle, unless I screwed up really badly.
Also, please don't get mad at me if the site gets hacked or something, because I'm probably going to be having a bad enough day as it is.
These terms apply to all advertising provided to any person (‘Customer’) by Tim Webb; as discchord.com. Customer includes an advertiser on whose behalf Advertising is placed and any media company or agency that arranges the Advertising for its clients.
1. Publication of Advertising
1.1 Subject to these Terms, discchord.com will use its reasonable endeavors to publish advertising (‘Advertising’) in the format and in the position agreed with the Customer. ‘Advertising’ includes images submitted for publication and content or information relating to published Advertisements.
1.2 Customer grants discchord.com a worldwide, royalty-free, non-exclusive, irrevocable licence to publish, and to sub-licence the publication of, the Advertising in any form or medium, including print, online or other. Customer warrants that it is authorised to grant discchord.com the licence in this clause 1.
1.3 For online banner and video Advertising, Customer must submit creative materials and a clickthrough URL to discchord.com and allow at least 3 working days (5 working days for non-vector material) or within such other deadline advised by discchord.com at its discretion before publication date. discchord.com may charge Customer for online Advertising cancelled on less than 30 days notice or if creative materials are not submitted in accordance with this clause.
2. Right to Refuse and Cancel Advertising
2.1 Neither these Terms nor any written or verbal quotation by discchord.com represents an agreement to publish Advertising. An agreement will only be formed between discchord.com and Customer when discchord.com accepts the Advertising material in email and upon successful payment processing for that Advertising.
2.2 discchord.com reserves the right to refuse or withdraw from publication any Advertising at any time (even if the Advertising has previously been published by discchord.com) if in its discretion the Advertising is objectional.
2.3 Customer may likewise cancel the terms of any agreement at any time, but discchord.com is not obligated to offer a refund for the current month, or any previous months.
3. Right to vary Format, Placement or Distribution
3.1 discchord.com will use reasonable efforts to publish Advertising in the format and in the position requested by the Customer. However, discchord.com reserves the right to vary the placement of Advertising within the website or to change the format of Advertising (including changing colors, and other image alterations).
3.2 Except in accordance with applicable legislation, discchord.com will not be liable for any loss or damage incurred by a Customer arising from discchord.com’s failure to publish Advertising in accordance with a Customer’s request. This includes any failure of the website software or hardware.
3.3 If discchord.com changes the site configuration, discchord.com reserves the right to shrink or enlarge the Advertising by up to 10% without notice to Customer or any change to rates.
4. Submission of Advertising
4.1 Customer warrants to discchord.com that the publication of the Advertising does not breach or infringe:
(a) the Digital Millenium Copyright Act or similar State/Federal legislation;
(b) any copyright, trade mark, obligation of confidentiality or other personal or proprietary right;
(c) any law of defamation, obscenity or contempt of any court, tribunal or royal commission;
(d) State or Commonwealth privacy legislation or anti-discrimination legislation;
(e) any financial services law; or
(f) any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).
4.2 If a Customer submits Advertising that looks, in discchord.com’s opinion, like editorial material, discchord.com may publish the Advertising under the heading ‘Advertising’ with a border distinguishing it from editorial.
4.3 Advertising submitted electronically must comply with discchord.com’s specifications. discchord.com may reject the Advertising material if it is not submitted in accordance with such specifications.
4.4 If Customer is a corporation and the Advertising contains the price for consumer goods or services, Customer warrants that the Advertising complies with legilative provisions and contains, as a single price, the minimum total price to the extent quantifiable at time of the Advertising.
4.5 Customer must not resell Advertising space to any third party without discchord.com’s consent.
4.6 If Advertising promotes a competition or trade promotion, Customer warrants it has obtained all relevant permits and indemnifies discchord.com against any loss in connection with the Advertising.
5.1 Customer must promptly check proofs of Advertising (if provided to the Customer by discchord.com) and notify discchord.com of any errors in the proofs or in published Advertising.
5.2 discchord.com does not accept responsibility for any errors submitted by the Customer or its agent.
6. Advertising Rates
6.1 The Customer must pay for Advertising, unless otherwise agreed, at their individual and agreed upon subscription rate. Rates may be varied at any time by discchord.com, but will not effect Customer's with exsisting subscription rate agreements unless prior notice is issued by discchord.com.
7.1 The Customer must pre-pay for Advertising as required by discchord.com.
7.2 Payments are processed by Amazon Payments on a monthly "subscription" basis.
7.3 Customer must pay the full price for Advertising even if discchord.com varied the format or placement of the Advertising or if there is an error in the Advertising, unless the error was discchord.com’s fault.
8. Failure to Pay and Other Breach
8.1 If Customer breaches these terms, fails to pay for Advertising or suffers an Insolvency Event, discchord.com may immediatly cease Advertising.
8.2 Any fees resulting from a dispute or "charge back" must be remunerated before Advertising will resume.
9.1 The Customer acknowledges that it has not relied on any advice given or representation made by or on behalf of discchord.com in connection with the Advertising.
9.2 discchord.com excludes all implied conditions and warranties from these terms, except any condition or warranty which cannot by law be excluded (‘Non-excludable Condition’).
9.3 discchord.com limits its liability for breach of any Non-Excludable Condition (to the extent such liability can be limited) and for any other error in published Advertising caused by discchord.com to the re-supply of the Advertising or payment of the cost of re-supply (at discchord.com’s option).
9.4 Subject to clauses 9.2 and 9.3, discchord.com excludes all other liability to the Customer for any costs, expenses, losses and damages incurred in relation to Advertising published by discchord.com, whether that liability arises in contract, tort (including by discchord.com’s negligence) or under statute. Without limitation, discchord.com will in no circumstances be liable for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity.
9.5 The Customer indemnifies discchord.com and its officers, employees, contractors and agents (the ‘Indemnified’) against any costs, expenses, losses, damages and liability suffered or incurred by the Indemnified arising from the Customer’s breach of these Terms and any negligent or unlawful act or omission of the Customer in connection with the Advertising.
10.1 Amazon Payments collects a Customer's personal information on behalf of discchord.com to provide the Advertising to the Customer and for invoicing purposes. Amazon Payments may disclose this personal information to its related bodies corporate, to credit reporting agencies and other third parties as part of provision of the Advertising and for overdue accounts, to debt collection agencies to recover amounts owing.
10.2 discchord.com is only aware of Customer's name and email address as provided to Amazon Payments, as well as any additional information volunteered directly between Customer and discchord.com.
11.1 Each party will treat as confidential, and will procure that its advertising agents, other agents, and contractors (‘Agents’) treat as confidential and will not disclose, unless disclosure is required by law:
(a) the terms of this Agreement (including terms relating to volumes and pricing);
(b) information generated for the performance of this Agreement, including all data relating to advertising schedules, budgets, forecasts, booked advertising, prices or volumes;
(c) any other information that ought in good faith to be treated as confidential given the circumstances of disclosure or the nature of the information;
(d) any information derived wholly or partly for any information referred to in (a) to (c) above;
11.2 Each party agrees to take all reasonable precautions to prevent any unauthorized use, disclosure, publication or dissemination of the confidential information by or on behalf of itself or any third party.
12.1 These Terms, with any other written agreement, represent the entire agreement of the Customer and discchord.com for Advertising. They can only be varied in writing by an authorized officer of discchord.com. No purchase order or other document issued by the Customer will vary these Terms.
12.2 discchord.com will not be liable for any delay or failure to publish Advertising caused by a factor outside discchord.com’s reasonable control (including but not limited to any act of God, war, breakdown of facilities, industrial dispute, electricity failure, governmental or legal restraint).
12.3 discchord.com may serve notice on Customer by post or fax to the last known address of the Customer.
12.4 These Terms are governed by the laws of the State of Illinois and each party submits to the non-exclusive jurisdiction the state and federal courts located within Illinois without regard to its choice-of-law rules.