THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (hereafter “Terms”) governs your use of our website(s) (hereafter “website”). It is vitally important that you read the Terms carefully, as your use of the website will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. These Terms also govern your use or purchase of the products/services provided through or in connection with the website (hereafter “services”). Each time you use our services, you acknowledge that you have read these Terms and agree to be legally bound by them. If you do not agree to be bound by these Terms, you may not use the website(s) or the services provided by Angel Creative Media through its website(s).
This website is owned by Angel Creative Media.
The following words used in these Terms shall have the following meanings:
“Personal Information” shall mean all data and/or information provided by and about User, including e-mail address (es), name, address, credit card, or other payment information, etc.;
“website(s)” shall mean all websites on which Angel Creative Media provides products and/or services.
“Angel Creative Media User” shall mean all Users of the website(s) and services.
“Angel Creative Media Products and Services” shall mean all products and/or services provided directly by Angel Creative Media;
“3rd–Parties” include all advertisers, partners and affiliate vendors that are included on, or linked to, the website(s).
LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
On occasion, a product or service offered by advertisers on website(s) may not be available at the time or at the price listed. In such event, or in the event a product or service is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of availability, or error in pricing or product or service information received from our advertisers or other User, User agrees that Angel Creative Media is not responsible for such errors or discrepancies and that User’s only course of action is to contact the appropriate advertiser or other User.
LICENCE AND COPYRIGHT
The website(s) contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound and the entire content of the website is copyrighted as a collective work under UK and International copyright laws. Angel Creative Media owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or these Terms, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of Angel Creative Media and the copyright owner. Elements of the website(s) are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
You are permitted to print and download extracts from this website for your own private use on the following basis:
(a) no documents or related graphics on this website are modified in any way;
(b) no graphics on this website are used separately from accompanying text; and
(c)any of our copyright and trade mark notices and this permission notice appear in all copies.
Copyright Infringement – Digital Millennium Copyright Act
If operating in America: The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or an agent thereof and believe in good faith that materials hosted by Angel Creative Media infringe your copyright, you (or your agent) may send Angel Creative Media a notice requesting that the material be removed or access to it blocked by providing Angel Creative Media’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website(s) are covered by a single notification, a representative list of such works at that website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Angel Creative Media to locate the material;
- Information reasonably sufficient to permit the Angel Creative Media to contact you, such as a name, address, telephone number, and, if available, an e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send USA counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; seefor details.
Angel Creative Media suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Any rights not expressly granted in these terms are reserved.
OBLIGATIONS OF USER
Use of this website , as described below, is prohibited. These descriptions are guidelines and are not intended to be exhaustive or all-inclusive.
Illegal/Criminal Activity The website(s) may not be used in connection with criminal or civil violations of state, federal, or international laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment.
Security Violations : The website(s) may not be used in connection with attempts, whether successful or not, to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorisation; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software.
Basic Security : User is responsible for maintaining the basic security of its computer system and to prevent its use by others in a manner that violates these Terms. Examples include: improperly securing a mail server so others can use it to distribute spam; improperly securing an FTP server so that it may be used by others to illegally distribute licensed software or media content. User is responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.
Threats : The website(s) may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, and defamation.
Offensive Materials : The website(s) may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, and hateful materials. Further, Users agree to adhere to the following requirements:
a. Comply with all laws, ordinances, statutes and applicable legislation and to respect all 3rd-party rights. In particular, User shall not:
i. Provide, post or otherwise distribute content which is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any 3rd-party, is unreasonably harmful or offensive to any individual or community;
ii. Use or post any pornographic materials or any content that violates any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors;
iii. Unreasonably annoy (particularly with SPAM) any other User;
iv. Use or post, without authorization, any content protected by law (e.g. copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws), or advertise, promote, offer or distribute any goods or services protected by law;
v. Use, post or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, Ponzi schemes, illegal multi-level selling or pyramid sales).
- You may not provide, post or otherwise distribute, User content that:
i. Contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs, videos or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature;
ii. Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law or moral standards;
iii. Violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance;
iv. Interferes with any User’s uninterrupted use of the Angel Creative Media website;
v. Advertises, promotes or offers to trade any goods or services;
vii. Uploads or transmits viruses or other harmful, disruptive or destructive files, material or code;
viii. Disrupts, interferes with, or otherwise harms or violates the security of the Angel Creative Media website(s) or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the website(s);
viii. “Flames” any individual or entity (e.g. sends repeated messages related to another User and/or makes derogatory or offensive comments about another User or individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY COMPANY.
It is your responsibility to determine that your input into our site, including use of any chat room areas of our site, including your choice of your user name, conforms to the above conditions. If you notice any content which breaches these conditions, please notify us by email.
SPAM : Spam is an unacceptable use of the website(s). Spam includes any of the following activities:
a. Posting a single message or messages similar in content, to more than five (5) online forums or newsgroups and posting messages to online forums or newsgroups that violate their rules.
b. Collecting responses from unsolicited e-mail.
c. Sending any unsolicited e-mail that could be expected, in Angel Creative Media’s opinion, to provoke complaints.
d. Sending e-mail with charity requests, petitions for signatures, or any chainmail-related materials.
e. Sending bulk e-mail without identifying in the e-mail a clear and easy means to be excluded from receiving additional e-mail from the originator of the e-mail. NOTE: The inclusion of an opt-out clause does not necessarily legitimise sending unsolicited e-mail.
f. Sending e-mail that does not accurately identify the sender, the sender’s return address, and the e-mail address of origin.
g. Using Angel Creative Media facilities to violate what could reasonably be considered a violation of another Internet Service Provider’s (ISP) acceptable use policy and/or terms of service.
User is further prohibited from the following activities:
i. Employing any mechanisms, software or scripts when using the website(s). However, the User may use the interfaces or software provided by Angel Creative Media within the scope of the services available on our website(s) and in accordance with these Terms;
ii. Blocking, overwriting, modifying and copying of any contents of the website(s).
iii. Distributing or publicly disclosing the contents of the website(s) or any of its terms, without written permission from Angel Creative Media, or
iv. Performing any actions that may impair the useability the website(s) infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software
Indirect Access: A violation of these Terms by someone having only indirect access to the website(s) through a User, will be considered a violation, whether or not with User’s knowledge or consent.
In addition, these policies apply to any email or content transmitted by User, or on your behalf, that uses a Angel Creative Media account as a mailbox for responses or promotes content, hosted or transmitted, using Angel Creative Media facilities, or that indicates, in any way, that Angel Creative Media was involved in the transmission of such email or content.
The resale of Angel Creative Media products and services is not permitted, unless expressly permitted by these Terms or in a separate written agreement.
Violations of these Terms may result in immediate suspension or termination of your account and our services to you, immediate temporary or permanent filtering, blocked access or other action appropriate to the violation, as determined by Angel Creative Media, in its sole discretion.
When feasible, it is Angel Creative Media’s preference to give notice so that violations may be addressed voluntarily, however, we reserve the right to act without notice, when necessary, as determined by Angel Creative Media in its sole discretion. Angel Creative Media may involve, and will cooperate with, law enforcement, if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of these Terms.
Uses and Other Policies
A. When using our services, User warrants and represents that all of the data provided by you is accurate and complete. User shall report any modifications in the data to the website(s), immediately upon any changes occurring.
B. User shall not be allowed to have multiple accounts. You may only establish one (1) User account. If Angel Creative Media determines that User has established more than one (1) account, further use of our website(s) may be suspended or terminated, subject to the sole discretion of Angel Creative Media.
C. User warrants and represents that they are of legal age (18 or older) to use our website(s), at their time of use, or that they are a legal entity, created by operation of law.
D. User may download or print a single copy of any portion of the content solely for personal, non-commercial use, provided they do not remove any trademark, copyright or other notice from such content.
I. Angel Creative Media shall not be liable for User interactions with any 3rd-parties, businesses and/or individuals found on the website(s) or through the services provided. This includes, but is not limited to, payment and delivery of services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between User and such 3rd-parties, businesses and/or individuals. User understands and agrees that Angel Creative Media is not responsible for any damage or loss incurred as a result of any such dealings. Angel Creative Media is under no obligation to become involved in disputes between Users of our website, or between Users on our website(s) and any 3rd-party. In the event of a dispute, User agrees to release Angel Creative Media its officers, employees, agents and successors in rights, from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
USER FORUMS, CONTENT, AND PARTICIPATION
Angel Creative Media recognizes that any data provided by User to us is extremely important and we shall, therefore, be particularly sensitive in handling such data. Users are advised that there are inherent security risks in transmitting data, such as emails, credit card or personal information, via the Internet, because it is impossible to safeguard completely against unauthorized access by 3rd-parties. Nevertheless, Angel Creative Media shall do what is reasonable to safeguard your data, subject to this cautionary limitation.
In particular, personal information will be transmitted via the Internet only if it does not infringe upon 3rd-party rights, unless the respective party has given prior consent in view of such security risks. Accordingly, Angel Creative Media shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part.
Rights to Content Use
When User posts content or contributions to the website(s), User grants Angel Creative Media a limited, revocable, nonexclusive and non-assignable right of use for the respective content or contribution that Angel Creative Media is entitled to utilise for any purpose allowed by these Terms. In particular, Angel Creative Media is entitled to use said content or contribution posted by User for marketing or in any other way. Angel Creative Media may use User content or contributions in any form, format, or medium of any kind now known or later developed.
Although User grants Angel Creative Media a license, as stated above, WE DO NOT OWN USER CONTENT. This license grants us certain rights and also proscribes limitations of what we may do and not do with the content, more fully described as follows:
(a) Angel Creative Media may not sell or give away User content as permanent downloads or physical copies, alone or in a compilation;
(b) Angel Creative Media may not continue exercising the license after User provides us with a request for termination, as described below;
(c) Angel Creative Media may not use, license or sub-license another party to use User/Member content outside of the website(s);
(d) Angel Creative Media may let other parties exercise these rights on the website(s), which permits the license to become sub-licensed;
(e) Angel Creative Media may exercise these rights without paying User any remuneration, royalties or other fees, whatsoever;
(f) Angel Creative Media may exercise these rights throughout the website(s), worldwide;
User may grant similar licenses to others;
User may terminate the license at any time by following the steps described below:
a. To request deletion of User content, User must send an e-mail to Customer Service stating the e-mail address associated with the particular content you wish to delete, along with the words “Delete User Content” in the subject line. Please note that if User subsequently places the same or similar content on the website(s), this deletion notice will become null and void.
B. Angel Creative Media grants a right of use over all user-posted content or contributions to its website(s) to other Users. Copying, downloading, disseminating, distributing and storing of the contents of the website(s) is, with the exception of the cache memory when searching for Angel Creative Media web pages, prohibited, without Angel Creative Media’s express written consent.
C. All information, content, services and software displayed on, transmitted through or used in connection with the website(s), with the exception of User content as defined herein, including for example, news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like, as well as its selection and arrangement, is owned by Angel Creative Media, except for those items that are copyrighted and/or owned by their respective Angel Creative Media or individuals.
E. Without limiting the generality of the previous paragraphs, User authorises Angel Creative Media to share User-posted content across all websites, to include User content in a searchable format accessible by other Users of the websites, now in use or later developed, to place advertisements in close proximity to such User content, and to use User’s name, likeness and any other information in connection with Angel Creative Media’s use of the material User provides.
F. Prohibited uses do not include any other use that Angel Creative Media expressly authorizes in writing.
G. Angel Creative Media does not guarantee the accuracy, integrity or quality of the posted content on our website(s) and User may not rely on any of this posted content. Without limitation, Angel Creative Media is not responsible for postings by Users in the User opinion, message board, and forum or feedback sections of our websites.
While the Angel Creative Media uses reasonable efforts to include accurate and up-to-date information, Angel Creative Media specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or availability of information or material displayed in any and all websites, either now operating or created in the future.Angel Creative Media disclaims any responsibility or liability for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Angel Creative Media disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through the website(s).
Angel Creative Media does not make any warranties or representations regarding any data, service and/or information provided or made available by any user on any of the websites or on any external websites linked to them. In particular, Angel Creative Media does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfils or serves any particular purpose.
Without limiting the foregoing, under no circumstances shall Angel Creative Media be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning.
COMPANY WEBSITES AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE COMPANY WEBSITES, ARE PROVIDED “AS IS,” WITH NO WARRANTIES EXPRESSED OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE COMPANY WEBSITES. COMPANY DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE COMPANY WEBSITES. THE COMPANY DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE COMPANY WEBSITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE COMPANY WEBSITES AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED TO THE COMPANY WEBSITES.
THE USER UNDERSTANDS AND AGREES THAT THEY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE COMPANY WEBSITES AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES. THE USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
THE COMPANY AND ITS WEBSITES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, 3rd-PARTIES, ACTIONS OF ANY 3rd-PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, A USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY.
Angel Creative Media may modify, suspend, discontinue or restrict the use of any portion of the website(s), including the availability of any portion of the content at any time, without notice or liability.
User acknowledge and agree that it is virtually impossible to achieve continuous, uninterrupted availability of Angel Creative Media or any other, website(s). While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period. Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to our website or service for any one event or series of related events is limited to the total fees which you have paid to us in the 12 months before the event(s) complained of.
In no event (including our own negligence) will we be liable for any:
(a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
(b) loss of goodwill or reputation;
(c) special, indirect or consequential losses; or
(d) damage to or loss of data
(even if we have been advised of the possibility of such losses).
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend and hold harmless Angel Creative Media, its website(s) and each of its respective advertisers, partners, suppliers, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding:
- Your use of the website(s);
- Angel Creative Media’s use of any your content or information, as long as such use is not inconsistent with these Terms;
- Information or material provided through your IP address, even if not posted by you or
- Any violation of these Terms by you.
DISPUTE RESOLUTION. CONSUMER REVIEWS AND USE OF SOCIAL MEDIA
We endeavour at all times to provide high standards in retail and business and recognise and support the importance of the use of social media and the Internet to alert the public when such standards are not met. However, we believe that complaints should not be published in a manner that is unfair or unreasonable as to content and manner of publication and, for this reason, the following terms are agreed by yourself and ourselves to regulate how to proceed when you feel that reasonable standards have not been met.
If you post any comment on our service or products on any website other than the Angel Creative Media’s website(s), you agree that:-
I) you will not include any statement that is untruthful or malicious.
II) you will do all that is possible to enable the Angel Creative Media to post to the same website a comment in response and ,if such is not possible, you will include such response in full in a comment posted by yourself on the same website
III) you will agree to participate in a form of alternative dispute resolution accredited by the Trading Standards Institute of the United Kingdom under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and recommended, as appropriate for the nature of the dispute, on request by the Angel Creative Media of the service operated at .
GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts where the claim is brought by you. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
We do not warrant that materials, services or information for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. You agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the benefit of Angel Creative Media.
Section Titles : The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
Incident Reporting : Any complaints regarding violations of these Terms by a User should be directed to customer services . Where possible, include details that would assist Angel Creative Media in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).
Complaints Procedure : We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please do not hesitate to contact us.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.
These Terms represent the entire understanding between the user and Angel Creative Media and supersedes any prior statements or representations. THE USER AGREES TO THE TERMS OF THIS ONLINE AGREEMENT, by using the website(s), it’s services, sign up, posting, downloading and uploading content, and understands that it is entering into a binding and legal agreement with Angel Creative Media.
You agree to file any claim regarding any aspect of this website(s) or these Terms within six (6) months of the time in which the events giving rise to such alleged claim began, or you agree to waive such claim. You also agree that no claim subject to these Terms may be brought as a class action or in any other jurisdiction than 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.
In these Conditions attaching to Online Advertising Contracts:
‘Publisher’ means Angel Creative Media
‘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;
‘Approved Digital Assets’ 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
- 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 a valid insertion order / PO number.
- 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.
- All orders are accepted subject to acceptance of Approved Digital Assets by the Publisher 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.
- It is the Advertiser’s responsibility to check the accuracy 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, trade marks 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.
- The Advertiser warrants that all Approved Digital Assets 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.
- The Publisher reserves the right in its absolute discretion to require the Advertiser to amend any artwork, materials or Approved Digital Assets for and relating to any Advertisement or to cancel any Contract or to omit or suspend an Advertisement (for example if it is libelous, 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.
- 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.
- 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.
- 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.
- 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.
- Complaints from the Advertiser 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. Complaints received after such time will not be entertained by the Publisher who shall have no liability in respect thereof.
- 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.
- The Advertiser may cancel any Contract without cause 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.
- 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.
- 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.
DIGITAL ASSET RECEIPT
- Approved Digital Assets must be supplied by the Advertiser to the Publisher by the last day for receiving Approved Digital Assets as stated by the Publisher, failing this, the Publisher cannot guarantee that proofs will be supplied or corrections made. Approved Digital Assets must be supplied to the Publisher in the following ways:
(a) complete and in specification creative must be provided no less than 2 working days prior to start date of the campaign;
(b) Rich media creatives and video display ad campaigns (e.g. pre-roll, instream) must be provided 3 working days prior to start date of the campaign;
(c) Advertiser assets for inclusion in creatives to be produced by the Publisher must be sent 2 weeks prior to planned start date of campaign;
(d) Homepage and channel takeover creatives must be provided 5 days prior to the start date of the campaign;
(e) For custom sponsorship, bespoke ad formats and custom partnerships requiring development, creative or landing pages to be create by the Publisher, each party will adhere to the agreed project management time lines for delivery of creative materials and the start date of the campaign. Advertiser assets for inclusion in content must be sent 5 working days prior to planned start date of campaign. 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
(f) All ad creative/tags must be received by midday on the last working day prior to the deadlines set out at 17 (a), (b), (c), (d) and (e). 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.
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 Approved Digital Assets instructions are not received by the last day for receiving Approved Digital Assets the Publisher reserves the right in its absolute discretion to repeat Advertiser’s existing Approved Digital Assets in its possession where appropriate or where the Publisher does not hold any Approved Digital Assets to omit the Advertisement and to charge for the space reserved in accordance with Condition 7. For all Approved Digital Assets 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 Approved Digital Assets 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.
- Approved Digital Assets 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.
- 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, Approved Digital Assets 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.
- 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.
- 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 Approved Digital Assets.
- 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.
- 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.
- 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.
- 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.
- 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 will be final and binding.
- The use by the Advertiser of third party advertising verification metrics such as Adsafe is permitted for monitoring purposes only. The Publisher shall charge the Advertiser according to delivered impressions only and as set out in these Conditions.
27.1 The Publisher must be notified if any Advertiser wishes to use AdSafe or other metrics tags prior to the commencement of the campaign.
27.2 Campaigns using AdSafe tags will not be optimised towards AdSafe performance.
- 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.
- 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
- (a) Unless otherwise stipulated by the Publisher, payment is due to be received from the Advertiser before the advertisement is displayed. 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 Professional Publishers Association and Advertisers placing business directly will be required to pre-pay the account two weeks prior to the final Approved Digital Assets 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.
- The Publisher shall be entitled to charge interest on any outstanding balance owed to the Publisher at the rate of 8% 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 together with a recovery fee, which shall be charged at the statutory rate, and any associated costs.
- Advertising Agents and Independent Media Buyers recognised by the Professional 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.
- Any queries concerning an invoice must be raised with our Credit Control Department within 10 working days of the date of invoice.
- Any advertising rates are subject to variation from any Government taxes and levies.
- The Advertiser expressly acknowledges that he has not relied on any representation made by or on behalf of the Publisher in entering the Contract.
- The Advertiser may not assign or transfer any of its rights under these Conditions to any third party.
- 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.
- The Publisher and the Advertiser warrant that they will duly observe all their obligations under the Data Protection Act 2018 (as applicable) which may arise in connection with this Agreement.
- 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.
- 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.
- 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.
- 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.
If the Advertiser requires specific exclusion of the Advertisement from certain content or has a keyword exclusion list, these requirements must be raised at the time of booking the campaign and agreed by the Publisher. The Publisher shall, at its discretion, use 3rd party brand safety blocking tools to prevent misplacement of the Advertisement.
In the event of misplacement, the relevant Sales Manager for the Advertiser should be contacted and the Advertisement can be paused on the request of the Advertiser.
The Publisher will endeavour to respond to all take down requests within 24 hours during business hours (9.30am-5.30pm weekdays) or any such shorter periods as agreed in writing on a case by case basis.
These Terms and Conditions were last updated, and became effective, on 01/01/2023.