These terms and conditions govern the terms under which Scribblog (‘We’ or ‘we’) sell advertising space (‘Space’) to the Advertiser in online media published by Scribblog; specifically our website (‘Site’) at www.scribblog.com.
By purchasing and/or placing an Advertisement or Campaign, the Advertiser agrees to be bound by all the terms and conditions (‘Agreement’), as set out below in clauses 1-10 of this document. This Agreement applies in addition to, and in conjunction with our general Terms. In order to purchase Space and place Advertisement(s), all Advertisers must register on the Site including confirming their agreement to these Terms.
2. Rights of removal
All Advertisements are subject to Scribblog’s approval. We reserve the right to decide whether the Content of the Advertisement (‘Content’) is appropriate and complies with our Terms and does not violate common decency, or intellectual property, pornography or defamatory material laws. We reserve the right to remove and/or cancel any Advertisement at any time, without liability and without prior notice. We reserve the right to label Advertisements as such, for absolute clarity of the user, and to underline that we do not endorse the Content. We reserve the right to modify any Advertisement or its placement, without giving a reason, and without prior notice.
3. Payment, Refund and Cancellation Policy
All Advertisement Campaigns shall be purchased for a ‘Lifetime’, ‘Weekly’ or ‘Monthly’ duration. ‘Lifetime’ is for a fixed time period and budget as chosen by the Advertiser, and the total specified budget is due upon completion of the order. Once purchased, Lifetime Campaigns are non-refundable. If the Advertiser chooses to cancel the Campaign the full amount is still due, exactly as if the advert(s) had run for the agreed time period.
For a repeating ‘Weekly’/‘Monthly’ budget, the amount selected by the Advertiser will be charged every week/month to their payment card automatically until or unless the Advertiser cancels the Campaign. The first payment is taken immediately on completion of the order. If the Advertiser’s payment method subsequently fails or the Advertiser’s account is past due, Scribblog may take steps to collect due amounts using other collection mechanisms. The Advertiser agrees to pay all expenses associated with such collection, including reasonable legal fees. Interest will accrue on any past due amounts at the rate of the lesser amount of 1% per month or the lawful maximum.
The Advertiser can cancel the Weekly/Monthly subscription at any time through the online portal. In the case of cancellation, no further weekly/monthly recurring payments will be taken but no refund shall be given. Any credit on the Advertiser’s account will be used by running the Advertisement(s) until the account balance is nil.
The Advertiser is responsible for maintaining the security of his account, and is liable for any orders placed through his advertising account.
If Scribblog chooses to withdraw an Advertisement as set out in clause 2 above, it may or may not, in its absolute discretion, elect to perform a partial refund to the Advertiser, of the amount paid by the Advertiser, less charges for administration and any time already run.
4. Content and responsibilities
The Advertiser (and/or Agency on behalf of the Advertiser) represent and warrant that: (a) they have the right to place the Advertisement on the Site; (b) the Content of the Advertisement does not violate intellectual property, confidentiality, proprietary, privacy, property, or contract rights of any person or entity; (c) the Content does not defame or disparage any person or entity; and (d) the Content is not sexual, obscene, pornographic or offensive; and (e) the Content does not violate any known law, rule, or regulation (f) the Content does not promote, sell, advertise or facilitate any of the following; gambling or lotteries; weapons, ammunition and explosives; rogue software; unacceptable business models; drugs, recreational drugs, including alcohol, tobacco and all associated paraphernalia; sexual toys, including but not limited to videos, toys, publications, live shows; adult dating sites; illegal activities.
5. Advertising agencies
In the event an Advertisement is entered by an Advertising Agency on behalf of an Advertiser, such agency represents and warrants that it has the full right and authority to place the Advertisement on behalf of the Advertiser and that all legal obligations arising out of the placement of the advertising creative are binding on both the Advertiser and the Advertising Agency.
6. Advertisement content and function
Scribblog makes no warranties with respect to the quality of the appearance of the Advertisement, nor the accuracy, decency, or legality of the Content. This is solely the responsibility of the Advertiser and/or Agency; whatever Advertisement they upload will be displayed on our Site, and hyperlinked to the URL supplied, without proofreading, verification, endorsement or quality checking by Scribblog. The Advertiser assumes any and all liability for the Advertisement and its Content. All components of an Advert, including any text, images, or other media, must be relevant and appropriate to the product or service being offered and the readership. Adverts may not contain audio or flash animation that plays automatically or expands within Scribblog when clicked.
7. Limit of liability
In no event shall Scribblog be liable as the result of any error, delay, or omission beyond our reasonable control, including any fire, act of god, labour strike, war, civil insurrection, or the like. Scribblog’s liability, if any, relating to any omission of, error in, delay to, removal of, or positioning amendment to the Advertisement on the Site shall not exceed the amount actually paid by Advertiser and/or Agency for the Space, and in no event shall Scribblog be liable for any loss of income, indirect damages, consequential damages, or punitive damages of any nature. In no event shall Scribblog be liable, directly or indirectly, for the Content of any Advertisement; this is solely the responsibility of the Advertiser or Agency.
Neither party shall release any non-public information regarding this Agreement, or any contract, or the Parties’ relationship without the other party’s prior written consent. This prohibition shall apply fully to press releases, promotional announcements, merchandising materials, and the like.
The Advertiser shall indemnify, defend, and hold harmless Scribblog and any parent organisation, subsidiary, publisher or affiliate, and their respective officers, directors, employees and agents from and against any and all third party claims, costs, damages, losses, liabilities and expenses (including legal fees and costs) arising out of or in connection with: (a) a claim arising from a breach by Advertiser of any provision of this Agreement; and/or (b) any third party claim alleging that an Advertisement infringes intellectual property, publicity or privacy rights, or other rights of such third party; and/or (c) any third party claim alleging the Content violates decency, pornography, defamatory material, or any other laws.
10. Tax and tax liability
The location and nature of the Advertiser determines whether Scribblog is obliged to charge the Advertiser for VAT (Value Added Tax). British VAT, currently 20%, will be charged to all customers from the United Kingdom (UK) and all non-business customers.
Business customers outside the European Union (EU) will not be charged VAT. Business customers outside the UK but within the EU can order VAT-free if they: (a) provide a valid EU VAT number doing the order process; and (b) confirm they are buying advertisements for a business purpose, ie, with the aim of an economic benefit.
The amounts charged to the Advertiser by Scribblog may be subject to taxes, including without limitation VAT and withholding taxes. If the Advertiser was not charged VAT, the Advertiser may be required to self-assess VAT at the applicable country rate. It is the Advertiser’s sole responsibility to remit any taxes that apply to the Advertiser’s transactions. The Advertiser agrees to indemnify and hold Scribblog and Scribblog harmless from and against any claim arising out of any failure to do so.
The Parties are independent contractors and are not partners, joint venturers or otherwise affiliated. The terms and provisions of this Agreement shall be binding upon the Parties hereto and, each of their respective personal representatives, successors and assigns. This Agreement contains the final and entire agreement between the Parties and is intended to be an integration of all prior agreements between them. Scribblog shall not be bound to any terms or conditions not set forth herein. No failure by either party to insist upon the strict performance of any term, agreement or provision of this Agreement or to exercise any right consequent upon a breach thereof shall constitute a waiver of any such breach or of any such term, agreement or provision. No term, covenant or provision of this Agreement and no breach thereof shall be waived, altered or modified except by a written amendment executed by the parties. In the event that any clause or provision of this Agreement (or the application of such clause or provision to a particular set of circumstances) is held or declared to be invalid, illegal or unenforceable, such holding or declaration shall not in any way affect the validity or enforceability of any other clause of this Agreement, nor the application of such clause to a different set of circumstances.
The rights and remedies of Scribblog under this Agreement are independent, cumulative and without prejudice to its rights under the law. This Agreement is not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999. This Agreement and/or and purchase of Space on the Site shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction over any dispute that may arise.
We may occasionally update this Agreement as necessary. We recommend that you check regularly, to be sure you are aware of and understand our current policy. You will be deemed to have agreed to be bound by any updated Agreement whenever you purchase Space on the Site.
12. Contact Information
The Site is operated by Scribblog. We are a company registered in Belgium with the company registration number XXXX.XXX.XXX. Our registered office address is Guldensporenlaan 16, 8670 Oostduinkerke, Belgium. Our VAT number is BExxxxxxxxxx.
Last Updated: 14 May 2017