Definitions and Acceptance of the Terms and Conditions
- CamSky24 (CamSky.com) accepts publication of advertisements on the terms and conditions set out below (“Terms”).
- These Terms apply to:
(i) online advertisements on www.camsky24.com,
(ii) online advertising booked through the network cam-sky.com, cam-villas.com, cam-hotels.com
- By placing an order, the Advertiser (which is the person placing the order for the Advertisement whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these Terms in full.
Content and Delivery of Advertisements
- Materials for an Advertisement must be provided no later than the deadline specified and in accordance with the Website technical specification at cam-sky.com
- CamSky24 may, without any responsibility to the Advertiser, reject, cancel or require any Advertisement to be amended that it considers unsuitable or contrary to these Terms and remove, not print, suspend or change the position of any such Advertisement. CamSky24 may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising in any of the network’s Websites. The Advertiser will remain responsible for all outstanding charges.
- The publication of an Advertisement by CamSky24 does not mean that CamSky24 accepts the Advertisement has been provided in accordance with these Terms or that CamSky24 has waived its rights under these Terms.
- The Advertiser guarantees to CamSky24 that:
(i) any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
(ii) it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
(iii) the Advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice (including the European Code of Non-broadcast Advertising, Sales Promotion and Direct Marketing (the “CAP Code”) and all other codes under the general supervision of the Advertising Standards Authority and/or the Office of Fair Trading), are not libellous or obscene and do not infringe the rights of any person (including any person’s intellectual property rights);
(iv) the Advertisement will not be prejudicial to the image or reputation of CamSky24 or the Websites, and will not contain anything with CamSky24 in good faith considers to be offensive or otherwise inappropriate;
(v) all Advertisements submitted for publication online will be free of any viruses, adware, malware, bit torrents, and no Advertisement will cause an adverse effect on the operation of the Website(s).
- Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorised by the advertiser of a product or service to place the Advertisement with CamSky24 and the Advertiser will compensate CamSky24 for any claim made by such advertiser against CamSky24.
- All Advertisements are accepted on the basis that they will be paid for at the applicable rates set out in the applicable rate on the date of publication. CamSky24 may change its rates at any time by publishing the modified rates at www.camsky24.com Any changes to the rates will take effect immediately. However, any changes to the applicable rates will not apply to any orders made prior to the date of such change.
- All sums payable to CamSky24 should be made in accordance with CamSky24 Financial Terms & Conditions which are: Unless a customer has applied for and been accepted as a credit account customer, CamSky24 will provide services only on a pre-payment basis, with receipt of cleared funds prior to the booking being confirmed. CamSky24‘s standard payment terms are 100% in advance. CamSky24 reserve the right to charge interest on late payments.
- CamSky24 agrees that all Advertisements will be targeted at individuals worldwide and/or in the geo-location specified at the time of booking.
- CamSky24 and its service providers will only use any Advertiser Data solely in relation to the Advertiser’s particular advertising campaign. All such Advertiser Data collected by CamSky24 will be treated as the confidential information of the Advertiser and will not be disclosed by CamSky24 to any third party (other than CamSky24‘s service providers for the purpose of CamSky24 complying with its obligations under these Terms) without the consent of the Advertiser. In no event will any Advertiser Data be combined with information collected from other sources, except where the Advertiser has agreed otherwise.
Cam-Sky & Partners
- CamSky24 does not guarantee that Advertisements booked to appear on cam-sky partners websites will appear on every site or that impressions will be spread evenly across the sites or that the Advertisement will appear on a particular site (unless CamSky24 agrees in writing with the publisher to publish the Advertisement on a particular site).
- 16. CamSky24 will implement its default brand safety measures in respect of the sites on which Advertisements booked through CamSky24 will appear. Notwithstanding the foregoing, CamSky24 makes no guarantees regarding the quality and/or suitability of any sites on which Advertisements booked through CamSky24 If an Advertisement is published on a site which the Advertiser reasonably finds unsuitable, the Advertiser may notify CamSky24 and CamSky24 will, as the Advertiser’s sole remedy, remove the Advertisement from the site as soon as reasonably practicable.
- The Advertiser may implement its own brand safety measures and site filters in addition to the default brand safety measures provided by CamSky24. Any such additional brand safety measures and filters implemented by the Advertiser shall operate by blocking the relevant ad from appearing on the relevant site after it has been served by CamSky24 and will therefore not affect the number of impressions deemed to have been served in any campaign period.
Data Collecting on Cam-Sky.com
- 18. Where an Advertiser wishes to drop cookies on users’ computers or use pixels, web beacons or other data collecting technology (the “Data Collecting Technology”) for the purpose of displaying or providing advertising on the Websites and tracking impressions and related data, it shall notify CAM-SKY in advance of booking an Advertisement and provide all information requested by CAM-SKY regarding such Data Collecting Technology.
- If CAM-SKY authorizes the Advertiser to use Data Collecting Technology, CAM-SKY will provide written authorisation within the Insertion Order and Advertiser agrees to use such Data Collecting Technology and all data collected from it solely in the manner disclosed to CAM-SKY.
Liability of CAM-SKY
- CAM-SKY accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to CAM-SKY or any loss or damage to any Advertisement copy or any other materials. The Advertiser guarantees that it has retained sufficient quality and quantity of all materials supplied to CAM-SKY.
- 22. CAM-SKY shall use its reasonable endeavours to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be of the same quality.
- Advertisements normally appear in all editions of a Newspaper but CAM-SKY reserves the right to omit certain Advertisements from the European editions.
- CAM-SKY will not be responsible for any additions to, changes in, deletions from, delays in publication or withdrawal of any Advertisements required by any authority having responsibility for the regulation of online or press advertising (including the Advertising Standards Authority).
- CAM-SKY cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of CAM-SKY. However, CAM-SKY will use reasonable efforts to comply with the wishes of the Advertiser.
- If a booked Advertisement is not published at all solely due to a mistake on CAM-SKY ‘s part, CAM-SKY will try to offer an alternative publication date(s). If the alternative date(s) is not accepted, the original booking will be cancelled and the Advertiser shall be entitled to a full refund if the Advertiser has paid in advance for the Advertisement. This shall be the Advertiser’s sole remedy for failure to publish the advertisement.
- If the Advertisement as reproduced by CAM-SKY contains a substantial error solely due to a mistake on CAM-SKY ‘s part, CAM-SKY shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. CAM-SKY shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform CAM-SKY of any errors and provide any necessary assistance to CAM-SKY to prevent a repeat of the error.
- CAM-SKY shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by CAM-SKY and the Advertiser, and CAM-SKY ‘s maximum total liability for any loss or damage arising out of or in relation to any Advertisement whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant Advertisement actually paid by or on behalf of the Advertiser.
- In respect of Advertisements on the Websites, CAM-SKY does not guarantee continuous, uninterrupted access by users of the Websites but will use reasonable efforts to provide this (except for websites which CAM-SKY has no control). In addition, CAM-SKY will not be responsible for any failure or delay affecting production or publication of any Newspaper or the transmission of the Websites and any Advertisements contained in them, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of CAM-SKY.
- CAM-SKY is not responsible for the content or operation of CAM-SKY’S partners sites
- For the avoidance of doubt, nothing in these Terms will limit or exclude CAM-SKY ‘s responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
- Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
Liability of the Advertiser
- The Advertiser will fully reimburse CAM-SKY for all claims, losses or expenses arising as a result of any breach or failure to perform of any of these Terms and/or the use or publication of the Advertisement by CAM-SKY in accordance with these Terms.
- CAM-SKY owns the copyright in all Advertisements written or designed by it or on its behalf.
- The Advertiser grants CAM-SKY the right (free of charge) to:
(i) use such of the Advertiser’s names, trade marks and/or logos as CAM-SKY may consider necessary for the purposes of publishing the Advertisements;
(ii) reproduce the Advertisement in any media at any time from the date the Advertisement was last published in the websites for promotional purposes. For the avoidance of doubt, the content, layout and format of any Website will be subject to variation at CAM-SKY ‘s sole discretion.
- The cancellation period for an Advertisement varies according to the publication. The Advertiser should refer to the relevant rate at www.cam-sky.com . The Advertiser may cancel an Advertisement provided that notice in writing is received by CAM-SKY within the relevant cancellation period. In respect of Advertisements on the Websites, the minimum notice period for cancellation by the Advertiser is 30 days unless agreed otherwise. Please send notice of your intention to cancel to the person who made your booking. Cancellation will only be effective on confirmation of receipt of your notice.
- If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, CAM-SKY may treat the order as cancelled.
- A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
- If CAM-SKY fails or delays in exercising its rights or remedies provided by these Terms, it shall not be deemed to have waived that or any other right or remedy under these Terms.
- Nothing in these Terms shall be deemed to constitute a relationship of principal and agent, a partnership, joint-venture, or co-ownership. Neither party shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.
- These Terms and the documents referred to herein replace all previous agreements between the Advertiser and CAM-SKY, and are the entire agreement between the Advertiser and CAM-SKY in respect of the Advertisements. To the maximum extent permitted by law, other than as set out in these Terms, all warranties and representations, whether express or implied, are excluded.
- these Terms (and any non-contractual obligations arising in connection with them) shall be governed by Italian law and the court of La Spezia will have exclusive jurisdiction in relation to these Terms (and any non-contractual obligations arising in connection with them).
Terms last updated: 28 September 2016