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Advertising terms and conditions

The following terms and conditions (“Advertising Terms and Conditions”) are deemed to be incorporated into each order for advertising (“Advertising Order”) accepted by Spoof Media Ltd (“Spoof Media”). From time to time we may change these Terms and Conditions, and will post revisions on this website. We advise that you are responsible for reading these Terms and Conditions prior to placing any order to review any changes.

1. Terms of Payment

1.1 All Advertisements are accepted on the basis that they will be paid for at the applicable rates as set out on the website. Spoof Media may change its rates at any time by publishing the modified rates at http://www.thespoof.com/about/advertising/. Any changes to the rates will take effect immediately. However, any changes to the rates will not apply to any orders made prior to the date of such change. The Advertiser (as defined in the Advertising Order) will pay on a pre-pay basis before the Advertisements will appear on any Spoof Media website.

1.2 All prices quoted are based on a cost per month basis, where one month is taken as a period of 30 consecutive days.

1.3 The Advertiser represents and warrants that it contracts with Spoof Media 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 Licence

2.1 The Advertiser hereby grants to Spoof Media a world-wide, non-exclusive, fully paid licence to reproduce and display the advertisement (including all contents, trademarks and brand features contained therein) in accordance with the Advertising Order and these Advertising Terms and Conditions.

2.2 Except as otherwise expressly provided in the Advertising Order, positioning of advertisements within the Spoof Media properties or on any page is at the sole discretion of Spoof Media, and Spoof Media will not be prohibited from also carrying advertisements for any product or business competitive to the product or business of the Advertiser.

2.3 Spoof Media does not warrant the date or dates of insertion of the advertisement(s) and does not warrant that the advertisement(s) will not be displayed after the end date specified. However, Spoof Media will use reasonable efforts to comply with the Advertiser's wishes in these regards.

2.4 The Advertiser grants to Spoof Media the express right to reproduce throughout the world screen shots of all or part of any Spoof Media property containing all or part of any of the advertising materials supplied by the Advertiser to Spoof Media on or in any promotional or advertising material or campaign promoting or advertising Spoof Media

3. Usage Statistics

Notwithstanding the provisions of the Advertising Order, the Advertiser acknowledges that Spoof Media has not made any guarantees with respect to usage statistics, which include, without limitation, levels of impressions or click-throughs for any advertisement or for any position specified for each advertisement. Spoof Media provides the Advertiser with estimated usage statistics only as a courtesy to the Advertiser and Spoof Media will not be held liable for any claims relating to any usage statistics however supplied. The Advertiser acknowledges that usage statistics provided by Spoof Media are the official, definitive measurements of Spoof Media's performance on any delivery obligations provided in the Advertising Order.

4. Renewal

Except as expressly set out in the Advertising Order, any renewal of the Advertising Order and acceptance of any additional advertising order will be at Spoof Media's sole discretion. The rates applicable to such renewal period (if any) are subject to change by Spoof Media from time to time in its absolute discretion.

5. No Assignment or Resale of Ad Space

The parties may not resell, assign or transfer any of its rights hereunder, except to any of their Affiliates provided that such Affiliates are not competitors of the other party. Any attempt to resell, assign or transfer such rights will entitle the other party to terminate this contract immediately, without liability on the part of the terminating party. "Affiliate" means in respect of a party its "holding company", its "subsidiary company" or a subsidiary company of its holding company, as those terms are defined in section 736 of the Companies Act 1985.

6. Limitation of Liability

6.1 If Spoof Media fails to publish any advertisement as provided in the Advertising Order (or in the event of any other failure, technical or otherwise, of such advertisement to appear as provided in the Advertising Order), Spoof Media's liability will be limited (at the option of Spoof Media) to either:

(a) publishing the advertisement (or a replacement advertisement if provided by the Advertiser) on positions agreed in the Advertising Order or as agreed with Advertiser as soon as is reasonably practicable in the period following the period during which the advertisement was scheduled to run; or

(b) refund to the Advertiser that proportion of the amounts paid which relate to those advertisements which were not provided, and if the relevant amounts were not paid by the Advertiser, agree that such amounts will not be due or payable.

Spoof Media will only provide a refund to the Advertiser under clause 6.1(b) if:

(i) the creative arrived within the time limits specified in the Advertising Order;
(ii) the creative performed in accordance with Spoof Media's technical specifications at http://www.thespoof.com/about/advertising/ ; and
(iii) cancellations and changes to media schedules were notified within the timeframe set out in clause 2.5.

6.2 In no event will Spoof Media be responsible in contract, tort, 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 Advertising Order.

6.3 Without limiting the foregoing, Spoof Media 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 Spoof Media affecting production or delivery in any manner.

6.4 Each of the provisions of this clause 6 are to be construed separately and independently of the other, and if any provision of this clause 6 (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 6 (or any other clause herein) which will remain in full force and effect.

7. Advertisers Representations; Indemnification.

7.1 The Advertiser warrants and represents to Spoof Media that:

7.1.1 It has the right to publish all of the contents of the advertisements, and can grant to Spoof Media such right, and that such publication will not: (a) infringe any rights of any third party including, without limitation, intellectual property rights and rights of privacy; and (b) violate any applicable law or regulation.

7.1.2 The advertisements do not contain anything that is defamatory, obscene, false or misleading.

7.1.3 It has complied with the codes of practice issued by the Committee of Advertising Practice in the UK or the Advertising Standards Authority for Ireland as applicable and all other relevant industry codes of practice.

7.1.4 Unless the Advertiser is an "authorised person" within the meaning of the Financial Services and Markets Act 2000 ("the Act"), you agree that the advertisement submitted pursuant to the Advertising Order either: (a) does not constitute an invitation or inducement to engage in investment activity within the meaning of the Act; or (b) has been approved by an "authorised person" within the meaning of the Act or is otherwise permitted under the Act and the Advertiser has expressly notified Spoof Media in writing of this.

7.1.5 It does not collect or use personal information through its Advertisements on any Spoof Media property without permission from the user. The Advertiser may not combine, co-mingle, compare or match any information that they legally collect via its Advertisements on any Spoof Media property with any personal information, clickstream or cookie information that they may have.

7.2 The Advertiser agrees to indemnify and keep indemnified Spoof Media and hold Spoof Media harmless against any and all expenses, damages costs (including reasonable legal fees and costs) and losses of any kind incurred by Spoof Media in connection with any claims actual or threatened, of any kind (including, without limitation, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, breach of any statutory or regulatory duty, false or misleading advertising or breach of any industry advertising codes or sales practices) arising from the advertisement and /or any material (of the Advertiser or otherwise) to which users can link through the advertisement.

8. Provision of Advertising Materials

The Advertiser will provide all materials for the advertisement (including GIF or JPEG files), in accordance with Spoof Media's requirements set out in this Agreement and in the Advertising Order, including (without limitation) the manner of transmission to Spoof Media, the lead-time prior to publication of the advertisement and such technical specifications as Spoof Media may require from time to time. Spoof Media will not be required to publish any advertisement that has not been received in accordance with such requirements and reserves the right to charge the Advertiser the advertising rate specified in the Advertising Order whilst awaiting receipt of the advertising material.

9. Right to Reject Advertisement

All contents of advertisements are subject to Spoof Media's approval. Spoof Media does not undertake to review the contents of any advertisements and any such review of and/or approval by Spoof Media will not be deemed to constitute an acceptance by Spoof Media that such advertisement is provided in accordance with these Advertising Terms and Conditions nor will it constitute a waiver of Spoof Media's rights hereunder. Spoof Media reserves the right at any time in its absolute discretion to:

9.1 Reject or cancel any advertisement, Advertising Order, URL link, space reservation or position commitment; and/ or

9.2 Remove any advertisement from any of the Spoof Media properties or any page.

10. Cancellations and Construction

10.1 The Advertiser will be able to cancel the Advertising Order up to five clear working days prior to the Advertisement Order being made live on the website. The Advertisement Order will be refunded in full if the Order is cancelled before that time.

10.2 If The Advertiser has paid for Advertisements in advance and is entitled to a refund, Spoof Media shall use its reasonable endeavours to pay such refund to The Advertiser within 30 Working Days of receipt of the written notice of cancellation.

10.3 The Advertiser may, part way through wish to stop or cancel an Advertisement that is being displayed online. The Advertiser must given written notice to Spoof Media of its request to stop or cancel the Advertisement and all charges connected with the display of the Advertisement shall, unless otherwise expressly agreed by Spoof Media in writing, be non-refundable.

10.4 No conditions other than those set forth in the Advertising Order or these Advertising Terms and Conditions will be binding on Spoof Media unless expressly agreed to in writing by an authorised representative of Spoof Media. In the event of any inconsistency between the Advertising Order and these Advertising Terms and Conditions, these Advertising Terms and Conditions will prevail.

11. Confidentiality and Public Announcements

The provisions of the Advertising Order and all communications passing between the Advertiser or any of its agents and Spoof Media are confidential and must not be disclosed to any third party except: (a) by the Advertiser to its qualified accountants or legal advisers; (b) by Spoof Media to its qualified accountants or legal advisers; or (c) as otherwise agreed by the parties in writing or as otherwise required by law.

12. Miscellaneous

These Advertising Terms and Conditions, together with the Advertising Order (i) will be governed by and construed in accordance with, the laws of England, and the parties submit to the non-exclusive 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. Clauses 6, 7, 11 and 12 will survive any expiry or termination of these Advertising Terms and Conditions. Spoof Media's failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

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