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 My i Life Media through its website(s).
This website is owned by My i Life 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 My i Life Media provides products and/or services.
“My i Life Media User” shall mean all Users of the website(s) and services.
“My i Life Media Products and Services” shall mean all products and/or services provided directly by My i Life 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.
ADVERTISEMENTS
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 My i Life 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. My i Life 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 My i Life 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
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 My i Life Media infringe your copyright, you (or your agent) may send My i Life Media a notice requesting that the material be removed or access to it blocked by providing My i Life Media’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
These Terms and Conditions were last updated, and became effective, on 01/05/2020.
- 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 My i Life Media to locate the material;
- Information reasonably sufficient to permit the My i Life 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.
- 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 My i Life 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 My i Life 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.
- Your use of the website(s);
- My i Life 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.
Advertiser Terms and Conditions for online advertising
ADVERTISING CONTRACTS
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
In these Conditions attaching to Online Advertising Contracts:
‘Publisher’ means My i Life 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
- 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:
- 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.
- 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:
- 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:
- 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.
- 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.
- (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.
- 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.