THE YOGA PAGE– ADVERTISER’S AGREEMENT, INTRODUCTION
1. In this agreement “Advertising material” means the contents and subject matter of all advertisements or integration contents submitted to The Yoga Page by the Client including though not limited to text, graphics, icons, photographs and materials provided to The Yoga Page for production purposes, Uniform Resource Locators (URLs) and sites to which URLs are to be linked.“Classified directory listings” means advertisements that are presented using a standard or priority template and displayed on The Yoga Page directory and The Yoga Page site.“Other advertising” means banners or other advertisements than “Classified directory listings”. Inspiring editorial, advertising that requires consideration of the Clients requirements and quotation.“The Client” means any entity and/or person opening an account to book advertising with The Yoga Page.“The Yoga Page” means “theyogapage.com” directory web site namely and all its associated content, information, materials and services.
2. The terms and conditions of this agreement constitute a binding and enforceable legal agreement between The Yoga Page and the Client.
3. It is a condition precedent for opening an account to book advertising with The Yoga Page that the Client accepts the terms and conditions of this agreement.
4. Acceptance of the terms and conditions of this agreement will occur by the Client placing a tick in the box when registering and/or advertising on The Yoga Page site as follows: “The Client has read and accepts the terms and conditions of the advertising agreement with The Yoga Page”
REGISTRATION – CLASSIFIED DIRECTORY LISTINGS
5. The Client seeking to become a “classified advertiser” agrees to register with The Yoga Page to advertise on The Yoga Page site and upon registration agrees to be bound by the terms and conditions of this advertising agreement.
SUBMITTED CONTENT
6. Subject to the other terms and conditions of this agreement the Client shall submit advertising material to be published by The Yoga Page.
7. The Client represents and warrants to The Yoga Page that it is fully authorized to publish the entire contents and subject matter of all advertisements or integration content of whatsoever nature submitted to The Yoga Page including though not limited to text, graphics, icons, photographs and materials provided to The Yoga Page for production purposes, URLs and sites to which URLs are to be linked.
8. The Client represents and warrants that the content of all advertising material submitted to The Yoga Page complies with applicable State and Federal laws including regulations and relevant industry codes.
9. In the event that advertising material includes information and/or reference to a competition or promotion the Client hereby agrees:
a. That The Yoga Page is not the promoter.
b. That the advertisement does not imply that The Yoga Page is the promoter.
c. That the correct identity of the promoter is set out in the advertisement placed on The Yoga Page site represented by the hyperlink embedded in the advertisement; and
d. Warrants and represents that all applicable permits have been obtained and that the Client has complied with all relevant regulations governing the conduct of the competition and/or promotion.
CLIENT OBLIGATIONS AND RESPONSIBILITIES
10. The Client indemnifies and keeps indemnified The Yoga Page and holds harmless The Yoga Page, its servants and/or agents from and against any or all loss, damage, liability and expense (including legal fees) suffered or incurred by reason of any claims, proceedings or suits arising out of the publication of or any omission in relation to the advertisement or integration content provided by the Client to The Yoga Page pursuant to this agreement arising out of the advertising material.
11. The Client waives any claim against The Yoga Page arising out of loss of data through corruption, piracy, breach of security and/or negligence of theyogapage.com, its servants and/or agents.
12. The Client warrants and undertakes that any and all commercial terms offered to it by The Yoga Page including documentation comprising this agreement is strictly confidential information and shall not be disclosed by the Client to any third party, save expressly for the purpose of the Client seeking and/or obtaining legal or professional advice.
13. The Client warrants and represents to The Yoga Page that each website represented by any URL shown or embedded in any relevant advertisement or object in any advertisement, or in any integration content:
a. Is controlled and operated by the Client as independent contractors and/or Client of the Client;
b. Will be functional and accessible at all times;
c. Will at all times operate in compliance with all applicable laws, regulations and relevant industry codes; and
d. Is suitable in all respects including subject matter to be linked to or from The Yoga Page site containing the advertisement and the content.
14. The Client may not assign any of its rights in this advertising agreement without the prior express written consent of The Yoga Page subject to any assignee undertaking to perform all of the Client’s obligations herein.
15. The Client agrees that prior to the publishing of any advertising material by The Yoga Page that it will provide valid credit card details or a paypal payment and an authorization from the Client to The Yoga Page for payment of the relevant fees and costs of each order.
16. Upon acceptance by The Yoga Page of the advertising material for publication the Client agrees not to make promotional or merchandising reference to The Yoga Page or any of its affiliates and/or The Yoga Page site, save with the express written authorization of The Yoga Page.
17. The Client agrees that all notices to The Yoga Page relating to any legal claims or otherwise shall be made in writing to the “Gaby Aschwanden, Lettenholzstrasse 42, 8038 Zurich, Switzerland”.
18. The Client may not assign any of its rights in this advertising agreement without the prior express written consent of The Yoga Page subject to any assignee undertaking to perform all of the Client’s obligations herein.
19. The content of the listings have to be in relation with yoga or a yoga related business. If this is not the case, The Yoga Page has the right to delete any non yoga related business without any notice and without any reimbursement of the Membership or event fees.
20. If the Client deletes a listing by himself, the credit for the listing will be not be reimbursed.
THE YOGA PAGE OBLIGATIONS AND RESPONSIBILITIES
21. The Yoga Page shall, upon receiving registration and verification that the Client has read and accepted the terms and conditions of this advertising agreement, shall use its best endeavors to provide a quotation to the Client setting out the rate of payment and other relevant details in relation to the advertising material.
22. Upon acceptance of the quotation by the Client, The Yoga Page agrees to display the advertising material on The Yoga Page site for a period of the membership payment or the “event period”, by a single listing purchase.
23. The Yoga Page may assign its rights and obligations under this agreement on notice to the Client provided that the assignee undertakes to perform all of The Yoga Page’s obligations herein.
24. The Yoga Page will not be taken to have waived or modified any term of this agreement except by express statement in writing duly signed by an authorized representative of theyogapage.com.
25. The Yoga Page disclaims all warranties, express or implied, including without limitation any implied warranties of merchantability and fitness for a particular purpose.
26. The Yoga Page is not liable for any form of loss, damage, liability or expense whatsoever including but not limited to consequential, indirect, incidental or special damage, damages for loss of profits, business interruption, loss or unauthorized access to information and the like.
27. The Yoga Page reserves the right to cancel any advertising and/or reject any advertising material in its complete discretion.
28. Any failure by The Yoga Page to publish advertising material will be deemed to constitute a rejection of the order for that advertising material but does not otherwise constitute a breach of this agreement.
29. Upon cancellation and/or rejection of advertising material The Yoga Page shall reimburse to the Client payments made after deducting all reasonable costs, expenses and fees incurred by The Yoga Page prior to the rejection and/or cancellation of the order.
30. The Yoga Page should not be responsible for delays or failure of performance resulting from internet service provider delivery problems or failure and/or acts or causes beyond its control including though not limited to acts of god, strikes, lock outs, communication lines or equipment failures, power failures, earthquakes or other disasters and/or acts of terrorism.
RATES
31. All “Classified directory listings” and “Memberships” on The Yoga Page receive a certain amount of credits to design listings. These credits are valid for the period of the Membership. Unused credits are not allowed to be transfer in a new Membership period.
32. The Yoga Page provide, after the payment of a membership or event listing by the Client, details of charges.
33. Before the expiration of the Membership, the client will be informed by an email and will be asked for a prolongation and a new payment.
34. Cancellation of a Membership by the client is anytime possible without prior notice. For current and paid Memberships there will be no reimbursements or refunds.
35. All of The Yoga Page's published advertising and production rates are subject to change at The Yoga Page's sole discretion. The Yoga Page will use its commercially reasonable efforts to announce all advertising and production rate changes at least thirty (30) days in advance of their effective date.
36. In the event The Yoga Page makes a rate change in respect of a period (or any portion thereof) for which the Client has placed an order for advertising, The Yoga Page will allow the lower rate to apply for the remainder of the then current term of the Advertising Agreement after which time, if the agreement is extended or renewed, all rates will be adjusted in accordance with The Yoga Page’s then current advertising and production rates and amended thereafter as notified by The Yoga Page from time to time.
GENERAL CONDITION
37. Existing advertisement agreements between the parties (if any) are by this agreement terminated and of no further legal effect save for any provisions therein express to survive termination or expiration.
38. This agreement does not create a joint venture, partnership, employment or agency relationship between The Yoga Page and the Client.
CONTACT INFORMATION
If users have any questions or suggestions regarding our Terms and Conditions, please contact us.