DubaiCityGuide.com Advertising Terms & Conditions
The following terms and conditions (the "Standard Terms") shall be deemed to be incorporated into the attached insertion order (the "Insertion Order"):
1. Terms of Payment
Advertiser must sign an Insertion Order and have the same faxed to us in advance of the advertisement start date.
Advertisers resident outside United Arab Emirates, must pay the full advertisement amount in advance of the advertisemnet start date.
If dubaicityguide.com approves credit, Advertiser will be invoiced on the first day of the contract period set forth on the Insertion Order and payment shall be made to dubaicityguide.com within thirty (30) days from the date of invoice ("Due Date"). In the event Advertiser fails to make timely payment, Advertiser will be responsible for all reasonable expenses (including attorneys' fees) incurred by dubaicityguide.com in collecting such amounts.
dubaicityguide.com reserves the right to suspend performance of its obligations hereunder (or under any other agreement with Advertiser) in the event Advertiser fails to make timely payment hereunder or under any other agreement with dubaicityguide.com.
2. Positioning
Except as otherwise expressly provided in the Insertion Order, positioning of advertisements within the dubaicityguide.com home page or on any page is at the sole discretion of dubaicityguide.com.
3. Usage Statistics
Unless specified in the Insertion Order, dubaicityguide.com makes no guarantees with respect to usage statistics or levels of impressions for any advertisement. Advertiser acknowledges that delivery statistics provided by dubaicityguide.com are the official, definitive measurements of dubaicityguide.com's performance on any delivery obligations provided in the Insertion Order. The processes and technology used to generate such statistics have been certified and audited by an independent agency.
4. Renewal
Except as expressly set forth in the Insertion Order, any renewal of the Insertion Order and acceptance of any additional advertising order shall be at dubaicityguide.com's sole discretion. Pricing for any renewal period is subject to change by dubaicityguide.com from time to time.
5. No Assignment or Resale of Ad Space
Advertiser may not resell, assign or transfer any of its rights hereunder, and any attempt to resell, assign or transfer such rights shall result in immediate termination of this contract, without liability to dubaicityguide.com.
6. Limitation of Liability
In the event that (i) dubaicityguide.com fails to publish an advertisement in accordance with the schedule provided in the Insertion Order, (ii) dubaicityguide.com fails to deliver the number of total page views specified in the Insertion Order (if any) by the end of the specified period, or (iii) of any other failure, technical or otherwise, of such advertisement to appear as provided in the Insertion Order, the sole liability of dubaicityguide.com to Advertiser shall be limited to, at dubaicityguide.com's sole discretion, a pro rata refund of the advertising fee representing undelivered page views, placement of the advertisement at a later time in a comparable position, or extension of the term of the Insertion Order until total page views are delivered. In no event shall dubaicityguide.com be responsible for any consequential, special, punitive or other damages, including, without limitation, lost revenue or profits, in any way arising out of or related to the Insertion Order/Standard Terms or publication of the advertisement, even if dubaicityguide.com has been advised of the possibility of such damages. Without limiting the foregoing, dubaicityguide.com shall have no liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labour or material shortage, transportation interruption of any kind, work slowdown or any other condition beyond the control of dubaicityguide.com affecting production or delivery in any manner.
7. Advertisers Representations; Indemnification
Advertisements are accepted upon the representation that Advertiser has the right to publish the contents of the advertisement without infringing the rights of any third party and without violating any law. In consideration of such publication, Advertiser agrees, at its own expense, to indemnify, defend and hold harmless dubaicityguide.com, and its employees, representatives, agents and affiliates, against any and all expenses and losses of any kind (including reasonable attorneys' fees and costs) incurred by dubaicityguide.com in connection with any claims, administrative proceedings or criminal investigations of any kind arising out of publication of the advertisement and/or any material of Advertiser to which users can link through the advertisement (including without limitation, any claim of trademark or copyright infringement, defamation, breach of confidentiality, privacy violation, false or deceptive advertising or sales practices).
8. Provision of Advertising Materials
Advertiser will provide all materials for the advertisement in accordance with dubaicityguide.com's policies in effect from time to time, including (without limitation) the manner of transmission to dubaicityguide.com and the lead-time prior to publication of the advertisement. dubaicityguide.com shall not be required to publish any advertisement that is not received in accordance with such policies and reserves the right to charge Advertiser, at the rate specified in the Insertion Order, for inventory held by dubaicityguide.com pending receipt of acceptable materials from Advertiser which are past due. Advertiser hereby grants to dubaicityguide.com a non-exclusive, world-wide, fully paid license to use, reproduce and display the advertisement (and the contents, trademarks and brand features contained therein) in accordance herewith.
9. Right to Reject Advertisement
All contents of advertisements are subject to dubaicityguide.com's approval. dubaicityguide.com reserves the right to reject or cancel any advertisement, insertion order, URL link, space reservation or position commitment, at any time, for any reason whatsoever (including belief by dubaicityguide.com that placement of advertisement, URL link, etc., may subject dubaicityguide.com to criminal or civil liability).
10. Cancellations
Except as otherwise provided in the Insertion Order, the Insertion Order is non-cancellable by Advertiser.
11. Construction
No conditions other than those set forth in the Insertion Order or these Standard Terms shall be binding on dubaicityguide.com unless expressly agreed to in writing by dubaicityguide.com. In the event of any inconsistency between the Insertion Order and the Standard Terms, the Standard Terms shall control.
12. Miscellaneous
These Standard Terms, together with the Insertion Order, (i) shall be governed by and construed in accordance with, the laws of the State of Dubai, United Arab Emirates , without giving effect to principles of conflicts of law; (ii) may be amended only by a written agreement executed by an authorised representative of each party; and (iii) constitute the complete and entire expression of the agreement between the parties, and shall supersede any and all other agreements, whether written or oral, between the parties. Advertiser shall make no public announcement regarding the existence or content of the Insertion Order without dubaicityguide.com. written approval, which may be withheld at dubaicityguide.com's sole discretion. Both parties consent to the jurisdiction of the Dubai Courts, which are located in the city of Dubai, United Arab Emirates, with respect to any legal proceeding arising in connection with the Insertion Order/Standard Terms.
