ootdmagazine.com Terms & Conditions
BY USING ootdmagazine.com, OR THE SERVICES OFFERED BY IT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. NOTE THEY MAY BE MODIFIED BY US FROM TIME TO TIME.
Please read these Terms of Service carefully. We have created them to protect you and to ensure that ootdmagazine.com is safe and fun for everyone.
If you do not agree to these Terms of Service, please do not enter ootdmagazine.com or register as a member, or subscribe to our newsletters or other subscription based services.
Acceptance of Terms of Service
Password and Security
Your use of ootdmagazine.com
Third Party Websites, Goods and Services
Disclaimer of Warranties
Limitation of Liability
Emails and Personal Home Pages
Termination & Remedies for Breach of these Terms by You
1. Acceptance of Terms of Service
1.2 ootdmagazine.com is intended for use by you in the United Kingdom only. We make no warranty or representation that ootdmagazine.com (or any element of it) is appropriate or available for use in locations outside the United Kingdom. Accessing ootdmagazine.com from territories where your access to it is prohibited or where such service (or any part thereof) is considered illegal or unlawful is not permitted under these Terms of Service. If you choose to access ootdmagazine.com from locations outside the United Kingdom, you do so on your own initiative and you are responsible for compliance with all applicable local laws.
2.1 We reserve the right to amend these Terms of Service from time to time without notice to you. Please check the Terms of Service periodically to see whether a change has been made to them. We may (at our discretion) provide you notice of such changes to any email address you have provided to OOTD Magazine. If you do not agree with any change in these Terms of Service, please discontinue further use of ootdmagazine.com. Your continued use of ootdmagazine.com will signify your acceptance of any change in the Terms of Service set out here.
2.2 From time to time OOTD Magazine may supplement these Terms of Service with additional terms applying to specific content or events, such as competitions (“Additional Terms”). Any Additional Terms will be clearly placed on ootdmagazine.com to be viewed in connection with the specific content or events.
All Additional Terms will form part of these Terms of Service.
2.3 OOTD Magazine may modify or discontinue ootdmagazine.com with or without notice to you and without liability to you or any third party.
3.1 Although portions of ootdmagazine.com may be viewed by anyone who visits ootdmagazine.com you will need to register as a member in order to access some ootdmagazine.com including the forums.
3.2 When you register with us you are stating that you are over 18 years of age or are a minor over 13 years of age with parental consent to use the service you are registering for. PLEASE NOTE that all minors are recommended to discuss these terms and conditions with their parents or legal guardian before they complete any registration process or provide us with any information about themselves. We do not allow persons who we know to be 13 years of age or younger to register with ootdmagazine.com.
3.3 You agree that any information you provide to us about yourself upon registration or at any other time will be true, accurate and complete and that you will ensure that this information is kept accurate and up to date at all times. OOTD Magazine reserves the right to terminate your membership and access to any specific content if OOTD Magazine learns that you have provided OOTD Magazine with false or misleading registration information.
4. Password and Security
4.1 When you register to use ootdmagazine.com you will be asked to create a password. You must keep this password confidential and must not disclose it to or share it with anyone. YOU WILL BE RESPONSIBLE for all activities that occur under your password. If you know or suspect that someone else knows your password you agree to notify us immediately at email@example.com
4.2 If you forget your password please click here or contact us at firstname.lastname@example.org and we will be able to remind you of your password if you satisfy our security check.
6. Your use of ootdmagazine.com
6.1 OOTD Magazine does not read every message posted on the message boards and, as such, we do not guarantee the accuracy, integrity or quality of such content. While we require all users of ootdmagazine.com to comply with these Terms of Service (including the standards below), you understand that, by using ootdmagazine.com, it is possible that you may be exposed to content that is offensive, indecent or objectionable. If you see a message which you believe breaks the following standards please report it to us immediately using the ‘Report this message’ link at the bottom of the post. All reports are reviewed as soon as possible during normal office hours.
The views expressed on our message boards are not those of OOTD Magazine.
6.2 You alone are responsible for the content of your messages and your use of ootdmagazine.com and the consequences of any such messages. By using ootdmagazine.com you agree to comply with the following guidelines:
(a) ootdmagazine.com is to be used by you for your personal use only and use of ootdmagazine.com for commercial purposes or to obtain financial gain are strictly prohibited without OOTD Magazine’s prior written consent.
(b) ootdmagazine.com may not be used to send chain letters, junk mail, ‘spam’, solicitations (commercial or non-commercial) or bulk communications of any kind unless the recipient has given specific permission to be included in such a list. ootdmagazine.com may not be used to advertise a company, product or service or to recruit staff.
(c) You are not permitted to post links to alternative community groups unless it is with the express permission of OOTD Magazine.
(d) You may not post to ootdmagazine.com or use ootdmagazine.com to publish, send or distribute any message or material (in any media or form) that is:
unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, threatening, racially or sexually or otherwise discriminatory, offensive, inaccurate, is in breach of confidence or a third party’s intellectual property rights or which otherwise includes objectionable material of any kind or nature, that encourages or engages in conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, national or international law or regulation or which has a disruptive influence on the normal flow of a message board.
(e) You (whether acting in your capacity as a journalist in any media or otherwise) may not post appeals for case histories on any ootdmagazine.com message boards. Unauthorised appeals will be removed.
(f) You must not impersonate any other person or entity, whether actual or fictitious.
(g) You must not create any member names which mimic or impersonate an OOTD Magazine member of staff, Community Moderator, Community Leader or other OOTD Magazine member.
(h) You must not use ootdmagazine.com or any part of ootdmagazine.com in a way that might reasonably be expected to cause the same to be interrupted, damaged, rendered less efficient or which could in any way damage the operation of another’s computer.
(i) You will not harass or intimidate any ootdmagazine.com member either on a message board or via email communication.
(j) You must not post or use any part of ootdmagazine.com to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
6.3 OOTD Magazine reserves the right in its absolute discretion at any time to edit, alter, delete or move any material whatsoever posted to, appearing on or distributed by ootdmagazine.com and you. OOTD Magazine will not enter into any discussions about its decision to edit, alter, delete or move such material.
6.4 OOTD Magazine may at any time, and without prior or post warning, close discussions on message boards as it feels appropriate. No discussion will be entered into.
6.5 In the event of uploading photographs you agree:
(i) you are over the age of 13;
(ii) you have reviewed and agree to comply with these Terms of Service (unless you are aged 14-17 years old, in which case, your parent or guardian has reviewed and agrees to these Terms of Service on your behalf);
(iii) you have the rights necessary to authorise OOTD Magazine and its designees to copy, distribute, adapt, display, perform and otherwise use the photograph,
and you hereby grant such authorisation;
(iv) the individual depicted in the photograph is over the age of 13, or you have obtained the consent of the individual’s parent or guardian, and such individual has consented to the photograph being made publicly available in connection with the ootdmagazine.com website;
(v) the photograph has not been modified or altered in any manner so as to distort or misrepresent any individual or thing depicted in the photograph;
(vi) the photograph does not contain any personal information such as a name, phone number or email address; and photographs of groups or offensive materials may not be posted. OOTD Magazine reserves the right in its sole discretion to remove or not post any photograph, for any reason. Also, you acknowledge that OOTD Magazine requires that any submitted photograph should not contain potentially offensive materials. If you would like to have your photo removed. Materials submitted to ootdmagazine.com will not be returned to the submitting party and OOTD Magazine has no obligation to inform you of any decision to remove or not post such materials.
7. Intellectual Property
7.1 ootdmagazine.com, its contents and all Rights therein are owned by OOTD Magazine (and/or its licensors). “Rights” means copyright, database rights, trade marks, design rights and other intellectual and proprietary rights of whatever nature, anywhere in the world. You acknowledge that (i) ootdmagazine.com is protected by Rights; (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, these Terms of Service and applicable copyright, trademark and other laws govern your use of such Rights.
7.2 You may view, print, download or temporarily store extracts from ootdmagazine.com for your personal, non-commercial reference without alteration, addition or deletion. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any ootdmagazine.com material or content. You acknowledge that you will not acquire any Rights by downloading or otherwise using any ootdmagazine.com content or materials.
7.3 By submitting content, which shall include your member name, to any “public area” of ootdmagazine.com, including message boards, forums, contests and chat rooms, you grant OOTD Magazine and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also permit any member to access, display, view, store and reproduce such content for personal use.
7.4 By submitting content, you also warrant that you are entitled and have all necessary rights to grant the licences stated above. Subject to the foregoing, the owner of such content placed on ootdmagazine.com retains any and all Rights that may exist in such content.
7.5. ootdmagazine.com does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted by users in Discussion Areas or elsewhere in the Service. Any information or material placed online by users, including advice and opinions, is the view and responsibility of those users and does not necessarily represent the view of ootdmagazine.com.
7.6 From time to time ootdmagazine.com will run competitions, free prize draws and promotions on this website. These are subject to additional terms as outlined below:
7.6.1 Entrants must be at least 18 years of age;
7.6.2 The competition is open to worldwide;
7.6.3 All qualifying entrants who answer the question correctly will be placed in a free prize draw;
7.6.4 Winners will be notified within 28 days of the draw taking place. There is no cash alternative to the prize;
7.6.5 The competition is not open to anyone associated with ootdmagazine.com;
7.6.6 The judges’ decision is final and no correspondence will be entered into;
7.6.7 Details of winners will be available upon written request;
7.6.8 No responsibility can be accepted for entries which are not properly received due to communications beyond our control; and
7.6.9 By entering OOTD Magazine competitions you consent to us sending you OOTD Magazine emails with the latest competitions, offers, promotions, news, views, trends and must-haves. If you do not wish to receive such communications, you can unsubscribe at any time.
8. Third Party Websites, Goods and Services
8.1 ootdmagazine.com provides links to third party websites that are not affiliated with OOTD Magazine (although OOTD Magazine branding may appear on these sites). We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links or any goods or services available from such sites.
8.2 All matters concerning any goods and services that you purchase from a third party site, including without limitation all contract terms are solely between you and the owner of that site and OOTD Magazine will not be liable for any costs or damages to you or any third party arising directly or indirectly out of any third party website. You hereby waive any claim you might have against OOTD Magazine with respect to any such sites.
8.4 From time to time OOTD Magazine runs Sampling campaigns on behalf of brands. In order to receive a sample, the user must agree to their data being collected and sent to the brand in line with the associated Terms & Conditions. A separate opt-in box offers the opportunity to subscribe to ongoing communication from the brand.
9. Disclaimer of Warranties
9.1 ootdmagazine.com is provided on an “as is” and “as available” basis. OOTD Magazine expressly disclaims all warranties or representations of any kind, express or implied, to the fullest extent permitted by law.
9.2 You understand and agree that OOTD Magazine does not guarantee the accuracy or completeness of any information in or provided in connection with ootdmagazine.com. OOTD Magazine is not responsible for any errors or omissions or for the results obtained from the use of such information. Whilst ootdmagazine.com is provided for the general information of the general public, all information is provided on the basis that neither OOTD Magazine, its employees or consultants or its members, while such members are participating in ootdmagazine.com, are engaged in rendering legal, medical, counselling or other professional services or advice. OOTD Magazine advises you to seek appropriate professional advice or care for any situation or problem which you may have.
9.3 OOTD Magazine shall not be responsible for any loss or damage caused directly or indirectly, by the information or ideas contained, suggested or referenced on ootdmagazine.com. Your participation in ootdmagazine.com is solely at your own risk. No advice or information, whether oral or written, obtained by you from OOTD Magazine or through ootdmagazine.com shall create any warranty not expressly made in these terms of service or imposed by law.
9.4 OOTD Magazine makes no warranty that the ootdmagazine.com will meet your requirements, or that the ootdmagazine.com network will be uninterrupted, timely, secure, or error free; nor does OOTD Magazine make any warranty as to the results that may be obtained from the use of ootdmagazine.com.
9.5 You understand and agree that any material and/or data downloaded or otherwise obtained through the use of ootdmagazine.com is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
10. Limitation of Liability
10.1 Except as required by law, OOTD Magazine shall not be liable for any indirect, incidental, special or consequential losses or damages or loss of profits, data, goodwill, revenue in each case regardless of whether such losses or damages arise in the normal course of events or whether OOTD Magazine has been advised of the possibility of such damages.
10.2 OOTD Magazine will not be liable for any such losses or damages whether arising in contract, tort (including negligence) or otherwise arising out of or in connection with this website including without limitation the use or the inability to use ootdmagazine.com, or messages received, or transactions entered into through ootdmagazine.com, or resulting from unauthorised access to or alteration of your transmissions or data.
10.3 Nothing in these Terms of Service shall operate to exclude or restrict OOTD Magazine’s liability for death or personal injury caused by negligence.
11. Emails and Personal Home Pages
OOTD Magazine assumes no responsibility for the deletion of or failure to store e-mail messages or for any problems with its personal home page service. Whilst the security of your personal information is a priority to us, you should be aware that emails you send to us are not necessarily secure when they are transmitted to us. If your communication to us or any third party is sensitive or includes highly confidential information such as credit card number, you may want to provide it by post or via the telephone instead.
12. Termination & Remedies for Breach of these Terms by You
12.1 OOTD Magazine will be entitled to restrict, suspend or terminate your membership or deny you access to ootdmagazine.com or take such other action as OOTD Magazine deems appropriate if OOTD Magazine determines, in its sole discretion, that you are in breach any of the Terms of Service or OOTD Magazine considers in its sole discretion that your use of ootdmagazine.com is inappropriate or otherwise unacceptable.
12.2 The restriction, suspension or termination of our service pursuant to this section will be without prejudice to any rights which OOTD Magazine may have against you in respect of your breach of these Terms of Service.
You agree to indemnify and hold each of OOTD Magazine, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of ootdmagazine.com, the violation of these Terms of Service by you, or the infringement by you, or any other user of your account, or of any intellectual property or other right of any other person or entity.
14. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of England and any dispute shall be subject to the exclusive jurisdiction of the English courts.
All online advertising orders are subject to these terms and conditions (‘these Conditions’) which shall apply to the exclusion of all other terms and conditions and no variation or addition thereto shall be effective unless specifically agreed to in writing by the Publisher. Any other terms or conditions sought to be imposed by the Advertiser are expressly excluded. DEFINITIONS
1. In these Conditions attaching to Online Advertising Contracts: ‘Publisher’ means OOTD Magazine and ‘Advertiser’ means the person booking the advertising space including Advertising Agents and Independent Media Buyers. Advertising Agents and Independent Media Buyers shall for the purpose of these Conditions act as principals on their own behalf for all purposes connected herewith. ‘Rate Card’ means the Publisher’s current scale of charges for advertisements, a current copy of which may be obtained from the Publisher. ‘Contract’ means a legally binding booking accepted by the Publisher in accordance with Condition 2 for publication of an Advertisement. ‘Copy’ means all material provided by an Advertiser with the intention that such material should appear on the Publisher’s online property. ‘Advertisement’ means advertising messages to be displayed on a website, email or otherwise. ‘Cancellation’ of a Contract means cancellation of either all or part of the remaining unperformed part of the Contract unless the context of the relevant condition makes it clear that cancellation of only a specific insertion(s) is referred to. SUBMISSION AND PUBLICATION OF ADVERTISEMENTS
2. The issue of a Rate Card does not constitute an offer by the Publisher to contract. A Contract is made only by the Publisher’s acceptance of the Advertiser’s order as effected by the Publisher issuing and receiving an Acknowledgement of Order Form.
3. Advertisement rates are subject to revision at any time and the price prevailing at the time the Contract is made binds the Publisher only in respect of the agreed booking as confirmed by the Publisher’s Acknowledgement of Order Form.
4. All orders are accepted subject to acceptance of Copy by the Publisher, as indicated in Condition 7, and if it is intended to include in an Advertisement a competition or a special offer of merchandise, other than that normally associated with the advertised product, full details of such competitions or special offers must be submitted by the Advertiser in writing at the time the order is negotiated.
5. It is the Advertiser’s responsibility to check the correctness of the Advertisement. The Advertiser warrants that any Advertisement submitted by it for publication shall comply with all applicable laws, legislation, regulations, codes of practice and is not an infringement of any other party’s rights. The Advertiser hereby grants a world-wide non-exclusive, fully paid licence to reproduce and display the Advertisement (including all contents, trademarks and brand features contained therein). The Advertiser will indemnify the Publisher fully for all costs, expenses, damages or liability whatsoever (including legal costs and awards ordered against the Publisher) in respect of any claim made against the Publisher arising from the Advertisement or its publication or as a result of any breach or non-performance of any of the representations, warranties or other terms contained herein or implied by law.
6. The Advertiser warrants that all copy submitted to the Publisher (and any linked website) is legal, truthful, honest and decent and otherwise complies with the British Code of Advertising, Sales Promotion and Direct Marketing and all other relevant and applicable codes, guidance or regulations under the remit of the Advertising Standards Authority.
7. The Publisher reserves the right in its absolute discretion to require the Advertiser to amend any artwork, materials or copy for and relating to any Advertisement or to cancel any Contract or to omit or suspend an Advertisement (for example if it is libellous, unlawful, defamatory, pornographic, socially unacceptable, insensitive or otherwise contrary to editorial policy). Should cancellation, omission or suspension be due to the act or default of the Advertiser or its servants or agents including the unsuitability of the Advertisement as indicated above, then the Advertiser shall pay for the space reserved for the Advertisement in full notwithstanding that the Advertisement has not appeared. Such cancellation, omission or suspension shall be notified to the Advertiser as soon as reasonably possible.
8. All contents of Advertisements are subject to the Publisher’s approval. The Publisher does not undertake to review the contents of any Advertisement and any such review of and/or approval by the Publisher will not be deemed to constitute an acceptance by the Publisher that such Advertisement is provided in accordance with these Conditions nor will it constitute a waiver of the Publisher’s rights hereunder. The Publisher reserves the right at any time in its absolute discretion to:
8.1 Reject or cancel any Advertisement, Order, URL link, space reservation or position commitment;
or 8.2 Remove any Advertisement from any of the Publisher’s properties or any page.
9. Except as otherwise expressly provided, positioning of Advertisements within the Publisher’s properties or on any page is at the sole discretion of the Publisher, and the Publisher will not be prohibited from also carrying Advertisements for any product or business competitive to the product or business of the Advertiser.
10. The Publisher 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, the Publisher will use reasonable efforts to comply with the Advertiser’s wishes in these regards.
11. The Advertiser warrants that any Advertisement in relation to any investment or financial promotion (as defined under the Financial Services and Markets Act 2000) has been approved by an authorised person within the meaning of the Act or the Advertisement is otherwise permitted under the Act, under the Financial Promotion Order 2001 or any other legislation subordinate to the Act.
12. Complaints concerning mistakes or problems with the production on the website must be received in writing by the Publisher not more than 14 days after the first publication of the Advertisement, failing which the Advertisement shall be deemed to be accepted by the Advertiser.
13. For email placements, no client changes will be made on the day of broadcast. If approval is required by the client and the client does not sign off the day prior to broadcast then OOTD Magazine reserves the right to delay the coverage until the next feasible date (dependent on availability). If a client misses a promotional date as a result of failing to sign off the day prior to the agreed broadcast date they will not be entitled to a refund.
13. The Publisher will exercise reasonable care and skill in the handling and publishing of the Advertisement but where the Advertisement is not published in the manner specified in the Contract (including failure to deliver the number of impressions provided in the Contract), whether through any failure (technical or otherwise) or negligent act or omission on the part of the Publisher or any third party, the Publisher’s liability will be limited (at the option of the Publisher) to either:
(a) publishing the Advertisement (or a replacement Advertisement if provided by the Advertiser) as soon as is reasonably practicable in the period following the period during which the Advertisement was scheduled to run and for such time as is necessary to generate a number of substitute impressions equal to the shortfall;
or (b) refund to the Advertiser that proportion of the amounts paid which relate to those Advertisements and/or impressions which were not provided or, if the relevant amounts were not paid by the Advertiser, agree that such amounts will not be due or payable.
The Publisher shall not be liable for any indirect, special or consequential loss or damage arising from any failure to publish an Advertisement as agreed with the Advertiser, including, but without limitation, any late or incorrect publication, any non-publication or inaccurate reproduction of the Advertisement, whether caused by the Publisher’s error or negligence or by any reason whatsoever. The Publisher shall not be liable whatsoever in respect of any error or omission in respect of publishing the Advertisement which is not notified to the Publisher in writing within one month of the actual publication date of the Advertisement.
14. The Advertiser may cancel any Contract eight weeks prior to the agreed date of publication of the Advertisement. Cancellation will be effective when written notice is received by the Publisher. The Publisher may cancel any Contract five working days prior to the agreed date of publication of the Advertisement.
15. If the Advertiser cancels any Contract in accordance with Condition 13, he relinquishes any right to that series discount (if any) to which he was previously entitled and Advertisements will be paid for at the appropriate rate. A new invoice will be issued for any surcharges relating to Advertisements that have already been invoiced at the discounted rate. The payment date for any previous invoices remains unaffected.
16. If the Advertiser fails to provide the Publisher with written notice of cancellation of the Advertisement by the relevant deadline, the Advertiser shall remain liable for payment of the Advertisement.
17. Copy must be supplied by the Advertiser to the Publisher by the last day for receiving Copy as stated by the Publisher, failing this, the Publisher cannot guarantee that proofs will be supplied or corrections made. Copy must be supplied to the Advertiser in the following terms:
(a) all Rotating GIF or 3rd Party Served creatives must be sent 2 working days prior to planned date of publication;
(b) Rich media creatives must be sent 5 working days prior to planned date of publication;
(c) Advertiser assets for inclusion in creatives to be produced by the Publisher must be sent 2 weeks prior to planned date of publication;
(d) Advertiser assets for inclusion in content pages must be sent 5 working days prior to planned date of publication. For content pages and Publisher produced creatives, the Publisher offers a maximum of two changes between initial conception and publication. Any further changes will be charged additionally;
and (e) All ad creative/tags must be received by midday on the last working day prior to the deadlines set out at 15 (a), (b), (c), and (d). Any Advertisements received after this time will have impressions deducted on a daily basis from the booked total for each day the Advertisement is late. A day is measured from midday one day to midday the next. E.g. if an Advertisement is received at 1pm on the planned publication date, 2 days’ penalty is measured.
If these terms are not adhered to pages may go live late as a result. No extra days will be allocated to the campaign, and the supporting Advertising will be delivered within the rest of the campaign period, unless Advertisements are sent over late, then see above. The Publisher agrees where possible to change Advertisement creatives on an advertising campaign a maximum of once per week.
For email placements, no client changes will be made on the day of broadcast. If approval is required by the client and the client does not sign off the day prior to broadcast then OOTD Magazine reserves the right to delay the coverage until the next feasible date (dependent on availability). If a client misses a promotional date as a result of failing to sign off the day prior to the agreed broadcast date they will not be entitled to a refund.
Any Contract that needs to have start and/or end dates amended, will have up to 5 working days prior to the campaign start date to do so. When a campaign has started, the end date may not be moved forward unless agreed to by the Publisher.
If Copy instructions are not received by the last day for receiving Copy the Publisher reserves the right in its absolute discretion to repeat Advertiser’s existing Copy in its possession where appropriate or where the Publisher does not hold any Copy to omit the Advertisement and to charge for the space reserved in accordance with Condition 7. For all Copy supplied, the Advertiser must adhere to the specification issued by the Publisher. In the event that the Advertiser’s files do not comply with the specification, the Publisher reserves the right in its absolute discretion to reject the Copy and the Advertiser will be asked to re-supply. If, due to technical, time or other reasonable constraints, the Publisher has to repair or rectify the file, the Publisher may (at its discretion) notify the Advertiser and shall not be liable for any inaccurate reproduction of the Advertisement or any resulting costs whether direct or indirect.
18. Copy supplied to the Publisher by electronic means must be free from software viruses or any other malicious computer code or corruption which will harm the Publisher’s computer systems.
19. Advertiser’s property, originals, artwork, type, mechanicals, positives etc are held by the Publisher at the owner’s risk and should be insured by the Advertiser against loss or damage from whatever cause. After performance of the Contract relating to such materials, the Advertiser shall be responsible for collecting all such materials which it requires from the Publisher’s premises, failing which, the Publisher reserves the right to destroy all artwork, film, copy or other materials which has been in its possession for more than three months and no liability shall be attached to the Publisher in respect of such destruction.
20. All gross advertising rates are subject to the current Advertising Standards Board of Finance surcharge payable by the Advertiser. Where orders are placed by an Advertising Agency or Independent Media Buyer, the Agency or Media Buyer will be responsible for collecting this surcharge and paying it to the Advertising Standards Board of Finance. Where the person booking the Advertisement is not an Advertising Agency or Independent Media Buyer the Publisher will calculate the appropriate surcharge at the current rate and pay this direct to the Advertising Standards Board of Finance. Without prejudice to the indemnity contained in Condition 5, the Advertiser will indemnify the Publisher for any claim made against it in respect of the non payment by the Advertiser of such surcharges to the Advertising Standards Board of Finance.
21. Advertisements will be published to the representation as provided by file (or other accepted medium) by the Advertiser and the Publisher shall not be liable for any lack of clarity or other error in representation that results from the representation of the Advertisement as it was provided by the Advertiser. Reasonable standard charges will be made to the Advertiser where production work of any kind is required to put the Advertisements in a form suitable for publication for any reason and at any stage. The Publisher will notify the Advertiser of such charges in writing upon receipt of advertising Copy.
22. Except as otherwise expressly agreed in the Contract, the Advertiser acknowledges that the Publisher has not made any guarantees with respect to usage statistics or levels of impressions for any Advertisement. The Publisher provides the Advertiser with estimated usage statistics only as a courtesy to the Advertiser and the Publisher will not be held liable for any claims relating to any usage statistics however supplied. The Advertiser acknowledges that delivery statistics provided by the Publisher are the official, definitive measurements of the Publisher’s performance on any delivery obligations agreed in the Contract. The processes and technology used to generate such statistics have been certified and audited by an independent agency. No other measurements or usage statistics (including those of the Advertiser or a third party ad server) will be accepted by the Publisher or have bearing on this Agreement.
23. In the event that any guaranteed total impressions (‘GTI’) figure is not reached, the Publisher reserves the right to either refund a proportion of the fee, pro rata to the shortfall, or to extend the period the Advertisement is displayed until the GTI target is reached. In the event that the GTI figure is reached prior to the agreed period the Advertisement will be displayed, the Publisher shall give the Advertiser notice thereof and reserves the right to cease publication of the Advertisement.
24. Advertising performance reports concerning the Advertisement creatives are generated by the Publisher’s preferred third party advertising delivery system. The figures in such reports shall be the official definitive measure of the Advertiser’s performance and the billing of costs will be based, where applicable, on these figures. Upon reasonable request, and at the Advertiser’s cost, the Publisher shall provide monthly website traffic reports to the Advertiser.
25. If a discrepancy occurs between the number of booked creative types (as set out in the creative information section on the order) and actual delivery by the Publisher, through the under-delivery of advertising due to a default by the Publisher of its obligations under this agreement, a credit will only be given to the Advertiser when such under-delivery is:
(a) in excess of 5% (five percent) of the Advertiser’s total booked creative types on gif advertising formats; and
(b) in excess of 10% (ten percent) of the Advertiser’s total booked creative types on non-gif advertising formats. 26. In the event of any disagreement regarding the number of impressions served, the Advertiser agrees that the figures provided by the Publisher or in the case of rich media, the third party provider of the Advertisements in question, for example MediaMind, will be final and binding.
27. There is no obligation on the Publisher to supply screen shots to the Advertiser and their absence shall not affect the Advertiser’s liability for the agreed charge.
28. In the event of any material breach of these Conditions by the Advertiser, uncured within 10 working days of notice thereof, the Publisher reserves the right to terminate this Agreement immediately, to withdraw the Advertisement accordingly, and to invoice the Advertiser for the full amount payable by the Advertiser notwithstanding that the term of the Contract may not yet be finished nor GTI targets have been reached.
TERMS OF PAYMENT
29. (a) Unless otherwise stipulated by the Publisher, payment is due to be received from the Advertiser within 30 days from date of the invoice or on receipt of invoice prior to the campaign / activity. If the Advertiser defaults in making payment of any sums by the due date, the Publisher reserves the right to require immediate payment for all Advertisements booked by the Advertiser (failing which the Publisher shall be entitled to terminate the Contract forthwith by written notice to the Advertiser) and to require payment in advance for future bookings, and pending such payment to omit or suspend all or any Advertisements due to appear under an existing Contract with the Advertiser.
(b) Advertising Agents and Independent Media Buyers not recognised by the Periodical Publishers Association and Advertisers placing business directly will be required to pre-pay the account two weeks prior to the final Copy date for each Advertisement.
(c) The Publisher may in its discretion provide account facilities to a non recognised Advertising Agent, Independent Media Buyer or direct Advertiser once he has pre-paid and demonstrated a good payment record on 12 separate occasions for an individual website or any websites published by the Publisher. Any credit will only be granted after obtaining satisfactory banking, trade and credit reference agency clearance and the Advertiser will be informed by the Publisher once it is ready to provide such account facilities.
(d) The Advertiser shall not set-off or claim to set-off for any reason whatsoever any sum or amount whether in dispute or agreed which may be payable by the Publisher to the Advertiser against any sum or amount whatsoever payable by the Advertiser to the Publisher.
30. The Publisher shall be entitled to charge interest on any outstanding balance owed to the Publisher at the rate of 4% above the base rate of HSBC Bank plc from the date that the invoice became due for payment until the date it is paid in full.
31. Advertising Agents and Independent Media Buyers recognised by the Periodical Publishers Association are allowed agency commission at the rates quoted on the Rate Card provided payment for Advertisements is made in full by the due date.
32. Any queries concerning an invoice must be raised with our Credit Control Department within 10 working days of the date of invoice.
33. Any advertising rates are subject to variation from any Government taxes and levies.
34. The Advertiser expressly acknowledges that he has not relied on any representation made by or on behalf of the Publisher in entering the Contract.
35. The Advertiser may not assign or transfer any of its rights under these Conditions to any third party.
36. No person who is not a party to this Contract has any right under the Contracts (Right of Third Parties) Act 1999 to enforce any part of this Contract.
37. The Publisher and the Advertiser warrant that they will duly observe all their obligations under the General Data Protection Regulation (GDPR) (EU) 2016/679 (as applicable) which may arise in connection with this Agreement.
38. These Conditions shall constitute the entire agreement between the parties with regard to its subject matter and shall supersede all prior understandings, commitments and undertakings that either party may have given.
39. Where the Advertiser for the purposes of these Conditions is an advertising agency, the Advertiser represents, warrants and undertakes that it has full authority to enter into the Contract on behalf of, and to bind, the company whose products or services are being promoted.
40. The Publisher and Advertiser warrant that any information given to the other party which ought reasonably be treated as confidential shall be treated as such and such information shall not be disclosed by either party without the prior written consent of the other.
41. These Conditions and all other terms of the Contract shall be construed in accordance with the Laws of England and Wales and the parties submit to the jurisdiction of the English courts.
16.1 In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deleted and the remainder of the terms of these Terms of Service will remain in full force and effect.
16.2 Any failure or delay by us to enforce strict performance by you of any of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver to any extent of our rights.
16.3 OOTD Magazine may assign its rights and obligations under these Terms of Service and upon such assignment OOTD Magazine shall be relieved of any further obligation under these Terms of Service.
Entry to competitions is free and open to worldwide. This competition is open to worldwide except for the staff of OOTD Magazine, and any related 3rd party retailers involved in a specific competition, and their families.
Entries must be submitted in the formats specified in the entry form. OOTD Magazine reserves the absolute right to reject any incorrect or incomplete entries. The competition can be extended or cancelled at anytime without notice and at the discretion of OOTD Magazine.
No entrance fee or purchase is required to enter the competition.
OOTD Magazine reserves the right to reject any entry on any grounds that it may from time to time consider appropriate.
The decision of OOTD Magazine to accept or reject an entry is final and no correspondence will be entered into.
Entrants must be over 18 years of age. Competition winners will be announced in within 14 days after the close of the competition.
OOTD Magazine accepts only one entry per household.
OOTD Magazine may require winners to take part in post-competition publicity.
Winning entries and names of runners up will be published on the OOTD Magazine website and email newsletters.
No alternative cash or otherwise to the stated prizes are available.
OOTD Magazine shall be obliged to contact the prize winner only at their address given on the entry form. Any prize not claimed within 5 days of sending notification of a winning entry shall be forfeited. OOTD Magazine may award the prize to another entrant.
By entering the competition each entrant gives consent for OOTD Magazine to use their name and email address to receive daily emails from OOTD Magazine. OOTD Magazine is bound by the GDPR and entrants can request access to personal information held about them by contacting us at any time.
OOTD Magazine will OOTD Magazine reserves the right to cancel the competition if it is reasonable to do so or if unforeseen circumstances arise. On receipt of an entry the competition entrant is deemed to have accepted these terms and conditions and to have agreed to be bound by them. These terms and conditions are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the English Courts.
When you enter a competition you have the option to consent to receive relevant marketing from a named third party. You can contact the third party at any time to stop receiving the marketing material.
18.1 To be eligible for a refund customers should return the goods at their own expense, notifying us with their intention to do so by email to email@example.com within 7 days.
18.2 We encourage you to return the goods in the original packaging if still suitable. All orders remain the liability of the customer until received.
18.3 Goods must be returned to us at OOTD Magazine within 14 days of initial receipt of goods.
18.4 Upon receipt of goods unused and unworn, and in original condition we will issue a refund using the original payment details. The refund will include the full value of the items returned, including NL taxes, but excluding shipping.
18.5 Please note card refunds may take up to ten business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and unfortunately we are unable to influence this.
19.1 In the case of cancellation of the Event the Sponsor shall be entitled to:
(a) terminate the Agreement and to the extent that any Sponsor Benefits have not been received (or only a proportion of a Sponsor Benefit has been received) at the date of such termination, obtain a refund of such proportion of Sponsorship Fees as OOTD Magazine may reasonably calculate
(b) in the case of postponement of the Event:
(i) where the new Event date is less than 2 months away from the original Event date, the Sponsor is deemed to accept the new Event date and may not terminate this Agreement or elect to apply the Sponsorship Fee to another OOTD Magazine event; or
(ii) where the new Event date is more than 2 months, but less than 12 months away from the original Event Date:
(iii) elect to apply the Sponsorship Fee (whether or not paid to OOTD Magazine) to another OOTD Magazine event, provided that the date of such event is not greater than 12 months from the date of cancellation; or
(i) terminate this Agreement and to the extent that any Sponsor Benefits have not been received (or only a proportion of a Sponsor Benefit has been received) at the date of such termination, obtain a refund of such proportion of Sponsorship Fees as OOTD Magazine may reasonably calculate; or
(ii) where the new Event date is more than 12 months from the original Event date, the Sponsor may terminate this Agreement and to the extent that any Sponsor Benefits have not been received (or only a proportion of a Sponsor Benefit has been received) at the date of such termination notice, obtain a refund of such proportion of the Sponsorship Fees as OOTD Magazine may reasonably calculate.
19.2 OOTD Magazine shall not be deemed to be in breach of this Agreement or otherwise liable to the Sponsor for any failure or delay in performing its obligations under this Agreement as a result of an event or series of connected events outside the reasonable control of OOTD Magazine (including, without limitation, acts of God, floods, lightning, storm, fire, explosion, war, military operations, acts or threats of terrorism, strike action, lock-outs or other industrial action or a pandemic, epidemic or other widespread illness).
19.3 No refunds will be given in respect of any cancellations.
The Sponsor acknowledges that these charges represent a genuine pre-estimate of OOTD Magazine’s losses.