Advertising Terms & Conditions
A Definitions and Acceptance of the Terms and Conditions
1. The Guitar Makers Guild (“GMG”) accepts publication of Advertisements (as defined below) on the terms and conditions set out herein (“Terms”).
2. These Terms apply to:
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.
B Content and Delivery of Advertisements
4. Materials for any Advertisement (whether print or digital) must adhere to GMG’s technical specifications and be delivered to GMG within the applicable timeframes. When GMG builds digital Advertisement units on behalf of the Advertiser, the Advertiser must provide copy, graphics etc.
5. GMG 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. GMG may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising . The Advertiser will remain responsible for all outstanding charges.
6. The publication of an Advertisement by GMG does not mean that GMG accepts the Advertisement has been provided in accordance with these Terms or that GMG has waived its rights under these Terms.
7. The Advertiser guarantees to GMG that:
C Payment
9. All Advertisements are accepted on the basis that they will be paid for at the prevailing rates. GMG may change its rates at any time. 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.
10. All sums payable to GMG should be made in accordance with GMG’s Financial Terms & Conditions which are: all payments must be made via PayPal prior to acceptance of the advertisement.
D Online Advertisements
11. The Advertiser acknowledges and agrees that discrepancies of up to 10% regarding the number of impressions served are common due to a variety of technical reasons. In the event of any disagreement regarding the number of impressions served, the Advertiser agrees that the figures provided by GMG's applicable third party provider will be final and binding.
12. GMG cannot guarantee the number of insertions In the event the number of insertions served during the campaign period is more than 10% less than the number of insertions booked by the Advertiser, GMG shall, as the Advertiser’s sole remedy, and provided the Advertiser has notified GMG in writing of such under-delivery, continue to serve the Advertisements after the end of the campaign period until the number of booked insertions is reached. GMG will not be liable for any over-delivery of insertions (including without limitation in relation to any ad-serving costs) where such over-delivery is 10% or less. Where any such over-delivery exceeds 10%, GMG will not be liable unless such over-delivery arises due to GMG’s act or omissions.
13. GMG agrees that all Advertisements will be targeted at individuals Worldwide unless otherwise agreed in writing between the parties at the time of booking.
14. GMG will endeavour to target the Advertisement at individuals in the geo-location specified at the time of booking.
15. The Advertiser guarantees to GMG that any landing page and/or destination site linked to from the Advertisements (“Advertiser’s Site”) will (i) be legal, decent, honest and truthful, (ii) not be contrary to the provisions of any applicable law, regulation or code of practice (including the CAP Code), (iii) not be libellous or obscene, (iv) not infringe the rights of any person (including any person’s intellectual property rights); (v) not be prejudicial to the image or reputation of GMG or the Website; (vi) be free from viruses, adware, malware, and/or bit torrents, (vii) not cause an adverse effect on the operation of the Website, and (viii) have a conspicuous privacy policy which complies with all applicable data protection and privacy laws, regulations and codes of practice.
16. To the extent that GMG sets cookies on the devices of users of the Advertiser’s Site(s) or uses any other data collecting technology (such as pixels, tags, javascript, or other code, including the tags of third party service providers) for the purpose of tracking insertions and related data (“Advertiser Data”), Advertiser shall ensure that it has a lawful basis for the use of such data collecting technology and the collection of Advertiser Data from visitors to the Advertisers Site(s) and that the Advertiser and the Advertiser’s Site complies with all applicable data protection and/or privacy laws, regulations and codes of practice.
17. GMG 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 GMG will be treated as the confidential information of the Advertiser and will not be disclosed by GMG to any third party (other than GMG’s service providers for the purpose of GMG 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.
18. In the event advertising copy is received after midday on the day before an Advertisement is due to be published, the number of insertions booked will be reduced on a pro rata basis for every 24 hours that the copy for the Advertisement is supplied after this deadline. There will be no reduction in the fee payable.
E Cookie usage on The Guitar Makers Guild
19. 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 Website and tracking impressions, analytics, measurement and verification of advertising campaigns (together, “Analytics Data”), it shall notify GMG in advance of booking an Advertisement and provide all information requested by GMG regarding such Data Collecting Technology.
20. If GMG agrees to the Advertiser’s disclosed use of Data Collecting Technology to collect Analytics Data, GMG will provide written authorisation to the Advertiser. Subject to the foregoing, Advertiser agrees to use such Data Collecting Technology and all data collected from it solely in the manner disclosed to GMG.
21. All Analytics Data collected by the Advertiser through such Data Collecting Technology will be confidential information owned by GNMGnd will not be disclosed by the Advertiser to any third party without GNM’s prior written consent.
22. In no event shall Data Collecting Technology or the data collected from it: (i) be used by the Advertiser for the purposes of profiling users’ interests, segmentation, or tracking or targeting users when they leave the Website; or (ii) be combined with information collected from other sources; in each case except where GMG has given agreement in writing. GNG reserves the right to scan the Advertisements to ensure Advertiser’s compliance with clauses 19-22.
23. The Advertiser shall procure that all other partners and entities in the supply chain with which Advertiser works or contracts in relation to an Advertisement (collectively, the “Advertiser Partners”) shall comply with these Terms.
24. The Advertiser shall ensure it complies with all applicable laws and regulations with respect to such Data Collecting Technology and that all Analytics Data will be deleted from its servers upon the end of the relationship between GMG and the Advertiser.
F Inserts
25. Occasionally, GMG cannot distribute the number of Inserts agreed with the Advertiser on a specific day due to changes in the Website or the Website is down for reasons beyond our control. In no event will GMG be liable for loss arising from failure to insert or any errors in the insertion of Inserts
G Liability of GMG
26. GMG accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to GMG 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 GMG.
27. GMG 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.
28. Advertisements normally appear on the Website but GMG reserves the right to omit certain Advertisements if appropriate and needed.
29. GMG 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).
30. GMG cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of GMG. However, GMG will use reasonable efforts to comply with the wishes of GMG 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.
31. If the Advertisement as reproduced by GMG contains a substantial error solely due to a mistake on GMG’s part, GMG shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. GMG shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform GMG of any errors and provide any necessary assistance to GMG to prevent a repeat of the error.
32. GMG 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 GMG and the Advertiser, and GMG’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.
33. In respect of Advertisements on the Website, GMG does not guarantee continuous, uninterrupted access by users of the Website but will use reasonable efforts to provide this. In addition, GMG will not be responsible for any failure or delay affecting production in the transmission of the Website 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 GMG.
34. GMG is not responsible for the content or operation of sites booked through any Agency.
35. For the avoidance of doubt, nothing in these Terms will limit or exclude GMG’s responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
36. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
H Liability of the Advertiser
37. The Advertiser will fully indemnify GMG from all investigations, claims, fines, losses, damages, costs (including reasonable legal fees) expenses and liabilities arising as a result of any breach or failure to comply with any of these Terms and/or the use or publication of the Advertisement by GMG in accordance with these Terms.
I Rights
38. GMG owns the copyright in all Advertisements written or designed by it or on its behalf.
39. The Advertiser grants GMG the right (free of charge) to:
40. The Advertiser should refer to the relevant rates. The Advertiser may cancel an Advertisement provided that notice in writing is received by GMG within the relevant cancellation period. In respect of Advertisements on the Website, the minimum notice period for cancellation by the Advertiser is 7 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.
41. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, GMG may treat the order as cancelled.
K General
42. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
43. If GMG 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.
44. 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.
45. These Terms are the entire agreement between the Advertiser and GMG in respect of the Advertisements and no modification to these Terms will be effective unless made in writing and signed by both GMG and the Advertiser.
46. These Terms and any documents referred to and therefore incorporated by reference herein shall apply to the exclusion of all other terms and conditions which the Advertiser purports to apply to the purchase of Advertisements (including, without limitation, terms in any insertion or purchase order, e-mail, acknowledgement or click through agreement). 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.
47. These Terms (and any non-contractual obligations arising in connection with them) shall be governed by English law and the courts of England and Wales will have exclusive jurisdiction in relation to these Terms (and any non-contractual obligations arising in connection with them).
1. The Guitar Makers Guild (“GMG”) accepts publication of Advertisements (as defined below) on the terms and conditions set out herein (“Terms”).
2. These Terms apply to:
- online advertisements on www.guitarmakersguild.co.uk (the “Website”)
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.
B Content and Delivery of Advertisements
4. Materials for any Advertisement (whether print or digital) must adhere to GMG’s technical specifications and be delivered to GMG within the applicable timeframes. When GMG builds digital Advertisement units on behalf of the Advertiser, the Advertiser must provide copy, graphics etc.
5. GMG 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. GMG may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising . The Advertiser will remain responsible for all outstanding charges.
6. The publication of an Advertisement by GMG does not mean that GMG accepts the Advertisement has been provided in accordance with these Terms or that GMG has waived its rights under these Terms.
7. The Advertiser guarantees to GMG that:
- any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
- it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
- 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 UK 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);
- the Advertisement will not be prejudicial to the image or reputation of GMG or the Website, and will not contain anything which GMG in good faith considers to be offensive or otherwise inappropriate;
- all digital 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; and
- all digital Advertisements comply with (i) the the standards for online advertising published by the Coalition for Better Ads (https://www.betterads.org); and (ii) the “L.E.A.N.” best practice principles for online advertising standards published by the IAB UK, each as may be updated from time to time.
C Payment
9. All Advertisements are accepted on the basis that they will be paid for at the prevailing rates. GMG may change its rates at any time. 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.
10. All sums payable to GMG should be made in accordance with GMG’s Financial Terms & Conditions which are: all payments must be made via PayPal prior to acceptance of the advertisement.
D Online Advertisements
11. The Advertiser acknowledges and agrees that discrepancies of up to 10% regarding the number of impressions served are common due to a variety of technical reasons. In the event of any disagreement regarding the number of impressions served, the Advertiser agrees that the figures provided by GMG's applicable third party provider will be final and binding.
12. GMG cannot guarantee the number of insertions In the event the number of insertions served during the campaign period is more than 10% less than the number of insertions booked by the Advertiser, GMG shall, as the Advertiser’s sole remedy, and provided the Advertiser has notified GMG in writing of such under-delivery, continue to serve the Advertisements after the end of the campaign period until the number of booked insertions is reached. GMG will not be liable for any over-delivery of insertions (including without limitation in relation to any ad-serving costs) where such over-delivery is 10% or less. Where any such over-delivery exceeds 10%, GMG will not be liable unless such over-delivery arises due to GMG’s act or omissions.
13. GMG agrees that all Advertisements will be targeted at individuals Worldwide unless otherwise agreed in writing between the parties at the time of booking.
14. GMG will endeavour to target the Advertisement at individuals in the geo-location specified at the time of booking.
15. The Advertiser guarantees to GMG that any landing page and/or destination site linked to from the Advertisements (“Advertiser’s Site”) will (i) be legal, decent, honest and truthful, (ii) not be contrary to the provisions of any applicable law, regulation or code of practice (including the CAP Code), (iii) not be libellous or obscene, (iv) not infringe the rights of any person (including any person’s intellectual property rights); (v) not be prejudicial to the image or reputation of GMG or the Website; (vi) be free from viruses, adware, malware, and/or bit torrents, (vii) not cause an adverse effect on the operation of the Website, and (viii) have a conspicuous privacy policy which complies with all applicable data protection and privacy laws, regulations and codes of practice.
16. To the extent that GMG sets cookies on the devices of users of the Advertiser’s Site(s) or uses any other data collecting technology (such as pixels, tags, javascript, or other code, including the tags of third party service providers) for the purpose of tracking insertions and related data (“Advertiser Data”), Advertiser shall ensure that it has a lawful basis for the use of such data collecting technology and the collection of Advertiser Data from visitors to the Advertisers Site(s) and that the Advertiser and the Advertiser’s Site complies with all applicable data protection and/or privacy laws, regulations and codes of practice.
17. GMG 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 GMG will be treated as the confidential information of the Advertiser and will not be disclosed by GMG to any third party (other than GMG’s service providers for the purpose of GMG 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.
18. In the event advertising copy is received after midday on the day before an Advertisement is due to be published, the number of insertions booked will be reduced on a pro rata basis for every 24 hours that the copy for the Advertisement is supplied after this deadline. There will be no reduction in the fee payable.
E Cookie usage on The Guitar Makers Guild
19. 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 Website and tracking impressions, analytics, measurement and verification of advertising campaigns (together, “Analytics Data”), it shall notify GMG in advance of booking an Advertisement and provide all information requested by GMG regarding such Data Collecting Technology.
20. If GMG agrees to the Advertiser’s disclosed use of Data Collecting Technology to collect Analytics Data, GMG will provide written authorisation to the Advertiser. Subject to the foregoing, Advertiser agrees to use such Data Collecting Technology and all data collected from it solely in the manner disclosed to GMG.
21. All Analytics Data collected by the Advertiser through such Data Collecting Technology will be confidential information owned by GNMGnd will not be disclosed by the Advertiser to any third party without GNM’s prior written consent.
22. In no event shall Data Collecting Technology or the data collected from it: (i) be used by the Advertiser for the purposes of profiling users’ interests, segmentation, or tracking or targeting users when they leave the Website; or (ii) be combined with information collected from other sources; in each case except where GMG has given agreement in writing. GNG reserves the right to scan the Advertisements to ensure Advertiser’s compliance with clauses 19-22.
23. The Advertiser shall procure that all other partners and entities in the supply chain with which Advertiser works or contracts in relation to an Advertisement (collectively, the “Advertiser Partners”) shall comply with these Terms.
24. The Advertiser shall ensure it complies with all applicable laws and regulations with respect to such Data Collecting Technology and that all Analytics Data will be deleted from its servers upon the end of the relationship between GMG and the Advertiser.
F Inserts
25. Occasionally, GMG cannot distribute the number of Inserts agreed with the Advertiser on a specific day due to changes in the Website or the Website is down for reasons beyond our control. In no event will GMG be liable for loss arising from failure to insert or any errors in the insertion of Inserts
G Liability of GMG
26. GMG accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to GMG 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 GMG.
27. GMG 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.
28. Advertisements normally appear on the Website but GMG reserves the right to omit certain Advertisements if appropriate and needed.
29. GMG 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).
30. GMG cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of GMG. However, GMG will use reasonable efforts to comply with the wishes of GMG 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.
31. If the Advertisement as reproduced by GMG contains a substantial error solely due to a mistake on GMG’s part, GMG shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. GMG shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform GMG of any errors and provide any necessary assistance to GMG to prevent a repeat of the error.
32. GMG 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 GMG and the Advertiser, and GMG’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.
33. In respect of Advertisements on the Website, GMG does not guarantee continuous, uninterrupted access by users of the Website but will use reasonable efforts to provide this. In addition, GMG will not be responsible for any failure or delay affecting production in the transmission of the Website 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 GMG.
34. GMG is not responsible for the content or operation of sites booked through any Agency.
35. For the avoidance of doubt, nothing in these Terms will limit or exclude GMG’s responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
36. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
H Liability of the Advertiser
37. The Advertiser will fully indemnify GMG from all investigations, claims, fines, losses, damages, costs (including reasonable legal fees) expenses and liabilities arising as a result of any breach or failure to comply with any of these Terms and/or the use or publication of the Advertisement by GMG in accordance with these Terms.
I Rights
38. GMG owns the copyright in all Advertisements written or designed by it or on its behalf.
39. The Advertiser grants GMG the right (free of charge) to:
- use such of the Advertiser’s names, trade marks and/or logos as GMG may consider necessary for the purposes of publishing the Advertisements;
- reproduce the Advertisement in any media at any time from the date the Advertisement was last published on the Website or promotional purposes. For the avoidance of doubt, the content, layout and format of any Website or Newspaper will be subject to variation at GMG’s sole discretion.
40. The Advertiser should refer to the relevant rates. The Advertiser may cancel an Advertisement provided that notice in writing is received by GMG within the relevant cancellation period. In respect of Advertisements on the Website, the minimum notice period for cancellation by the Advertiser is 7 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.
41. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, GMG may treat the order as cancelled.
K General
42. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
43. If GMG 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.
44. 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.
45. These Terms are the entire agreement between the Advertiser and GMG in respect of the Advertisements and no modification to these Terms will be effective unless made in writing and signed by both GMG and the Advertiser.
46. These Terms and any documents referred to and therefore incorporated by reference herein shall apply to the exclusion of all other terms and conditions which the Advertiser purports to apply to the purchase of Advertisements (including, without limitation, terms in any insertion or purchase order, e-mail, acknowledgement or click through agreement). 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.
47. These Terms (and any non-contractual obligations arising in connection with them) shall be governed by English law and the courts of England and Wales will have exclusive jurisdiction in relation to these Terms (and any non-contractual obligations arising in connection with them).
