Website Advertising Terms and Conditions
This Website Advertising Terms and Conditions Agreement (the “Agreement”) governs the advertising on and use of the TheChauffeur.com (the “Site”) by advertisers (“Advertiser”)(such advertising and use, “Advertising Services”). Advertising on the Site constitutes Advertiser’s and Advertiser’s agency’s acceptance of this Agreement.
All advertisement is subject to our prior approval. We have the right in our sole and absolute discretion to reject or cancel any advertisements at any time for any reason. In the event we cancel an advertisement not in connection with a breach of this Agreement by Advertiser then Advertiser shall be responsible for advertising fees through such cancellation. thechauffeur.com is not responsible for errors or omissions in any advertising materials provided by Advertiser or its agency. Unless otherwise agreed by thechauffeur.com and Advertiser in writing, thechauffeur.com shall have the right to insert the advertising in various areas of the Sites in thechauffeur.com’s sole discretion. You grant thechauffeur.com a limited license to store, transmit, reproduce, distribute and display your advertisements to the extent necessary for thechauffeur.com to provide the Advertising Services to you.
All advertising accepted on a credit basis must be prepaid. Credit terms applicable to any Advertiser or its agency are solely within our discretion and may be changed or discontinued by us at any time. In the event that Advertiser fails to make payment as and when due, we may immediately cancel all orders for advertising. We reserve the right to hold Advertiser and its advertising agency jointly and severally liable for such monies as are due and payable to us. Our advertising rates are subject to change without notice. Special clauses and insertion orders or contracts are not accepted if relating to our legal liability. In the event thechauffeur.com does not receive payment or Advertiser or its agency otherwise breach the terms of this Agreement, Advertiser and/or its agency shall pay all of thechauffeur.com’s costs and expenses in connection with enforcement and/or collection proceedings including attorneys’ fees. Advertising fees are non-refundable unless the advertisement is cancelled prior to the commencement of the advertising campaign, which is defined as the moment the advertisement is first published on the internet. Advertiser and its agency agree to pay any federal, state or local tax or other charges which may be imposed on any of their advertisements, or any products or services offered, sold, or licensed through the advertisements or the Advertiser’s website, in addition to fees charged by us.
The entire content and materials contained within the Sites (the “Content”), including, but not limited to, audio, video, images, text, user interface, scores, logos, the selection and arrangement of the Sites and other intellectual property (the “Content”) are owned by or licensed to thechauffeur.com (“thechauffeur.com” or “We” or “we” or “our”) to the fullest extent under the copyright laws of the United Kingdom and other countries. Images of people or places displayed on the Sites are either the property of, or used with permission by, thechauffeur.com. You may not reproduce, republish, transmit, upload, distribute, copy or publicly display any of the Content without our prior written consent. We neither warrant nor represent that your use of materials displayed on the Sites will not infringe rights of third parties not owned by or affiliated with thechauffeur.com. We may redesign the Sites in our sole discretion at any time.
TheChauffeur.com name and logo are the property of Paul Gibson. All other trademarks, logos and service marks (those of thechauffeur.com and third parties, collectively, the “Trademarks”) appearing on the Sites are Trademarks of their respective owners, whether or not appearing in large print or with a trademark symbol. Nothing contained on the Sites or this Agreement should be construed as granting you any license or right to use any Trademark displayed on the Sites without the written permission of its respective owner. Your use of the Trademarks displayed on the Sites, or any other content on the Sites, except as provided in this Agreement, is strictly prohibited.
COMPLIANCE WITH LAWS/REGULATIONS
All advertisements are accepted and made available on the Sites upon your warranty that you are authorised to make available on the Sites the entire contents and subject matter of the advertisement and that such advertisement will not violate any law or infringe upon any right of any party. You are required to comply with all applicable laws and regulations in connection with your use of the Sites and your advertising on the Sites (including without limitation, laws relating to user privacy and the gathering, storage and usage of personally identifiable information collected from end users of the advertisements) and such further limitations as may be set forth in any written or on-screen notice from us. By using the any of the Sites or advertising on any of the Sites, you represent and warrant that you will not use the Sites for any purpose that is either unlawful or prohibited by this Agreement. If Advertiser or its agency becomes aware of a suspected or actual breach of security or unauthorised access affecting personally identifiable information, Advertiser or its agency will notify thechauffeur.com as soon as possible and take all action necessary and required to address the breach.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, THECHAUFFEUR.COM DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, ASSOCIATED WITH ADVERTISING AND RELATED SERVICES PROVIDED ON THE SITES, ADVERTISER’S USE OF OR PARTICIPATION IN THE ADVERTISEMENT SERVICES, AND OTHER SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION: (A) EXPRESS OR IMPLIED WARRANTIES; (B) WARRANTIES ARISING FROM A COURSE OF PERFORMANCE OR DEALING OR TRADE USAGE; (C) WARRANTIES OF UNINTERRUPTED OPERATION WITHOUT ERROR; (D) IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES; AND (E) EXPRESS OR IMPLIED WARRANTIES RELATING TO THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY AND/OR PERFORMANCE OF THE ADVERTISING SERVICES. ADVERTISING SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. WITHOUT LIMITING THE FOREGOING, THECHAUFFEUR.COM DOES NOT GUARANTEE ANY GIVEN LEVEL OF CIRCULATION, DISTRIBUTION, REACH OR READERSHIP FOR ANY ADVERTISEMENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THECHAUFFEUR.COM BE LIABLE FOR ANY ACT OR OMISSION, OR ANY EVENT DIRECTLY OR INDIRECTLY RESULTING FROM ANY ACT OR OMISSION OF ADVERTISER OR ANY THIRD PARTIES (IF ANY). IN NO EVENT SHALL THECHAUFFEUR.COM BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF tTHECHAUFFEUR.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. AGGREGATE LIABILITY TO ADVERTISER AND ITS AGENCY UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE LESSER OF (A) THE AMOUNT PAID TO THECHAUFFEUR.COM BY ADVERTISER FOR THE AD GIVING RISE TO THE CLAIM AND (B) £100. EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
In consideration of the placement of advertisements on one or more of the Sites, Advertiser and its agency, if any, shall jointly and severally indemnify, hold harmless and, at thechauffeur.com’s sole and exclusive discretion, defend, thechauffeur.com, and its subsidiaries, affiliates, owners, directors, officers, agents, and employees, (“Indemnified Person(s)”) at all times from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Advertiser’s advertisements on the Site(s), your website(s) and links to your website(s), and your breach of any term or condition of this Agreement. The indemnifying party may not agree to any settlement that imposes any obligation or liability on an indemnified entity without that entity/party’s prior express written consent.
The financial and other terms of the Advertising Services provided hereunder are confidential and shall not be disclosed by Advertiser or its agency to any third party.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Advertising Services. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Advertising Services or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Advertiser and agency may not resell, assign or transfer any of Advertiser’s rights hereunder.
We reserve the right, in our sole discretion, to terminate this Agreement and your access to all or part of the Sites and/or Advertising Services, with or without notice and with or without cause. The provisions of this Agreement will survive the termination of your access to the Sites and Advertising Services.