These terms and conditions (Terms) are between you (the Advertiser) and Dying to Understand Limited A.C.N.627 476 135 (we, us, our, or Dying to Understand).
These Terms govern all advertising material (the Advertisements) provided to Dying to Understand, by an Advertiser, for the purpose of being displayed on the Dying to understand website displayed at www.dyingtounderstand.com (the Website).
We may at any time and at our sole discretion, amend, revise or modify these Terms. Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review these Terms. You agree to be bound by such changes, modifications or revisions as made by us from time to time.
Term and termination
The period of advertising will commence on the day following your acceptance of these Terms and will end upon the expiry of the advertising period that you order and pay for (the Advertising Period).
In return for Dying to Understand displaying an Advertisement on the Website, the Advertiser will be required to pay to Dying to Understand, an amount (the Fee) that will be agreed between you and Dying to Understand and that may change from time to time.
The Advertiser shall pay Dying to Understand for an Advertisement via PayPal, or any other payment method agreed to, from time to time.
Placing an Advertisement
To place an order for an Advertisement with Dying to Understand, for placement on the Website, you will be required to complete the order process that is displayed on our Website.
You are solely responsible for all content relating to an Advertisement and for any consequence of uploading that Advertisement to the Website.
Any Advertisement placed with Dying to Understand must:
- be for the benefit of those facing death; and
- be completely transparent about the product and/or service to be advertised.
You agree that you will not provide Dying to Understand with any Advertisement that:
- contains third party copyrighted material, or material that is subject to other third party proprietary rights, unless you are the owner of that material or have permission from the rightful owner of the material or you are otherwise legally entitled to cause the Advertisement to be uploaded to the Website and to grant Dying to Understand all of the licence rights granted herein;
- contains falsehoods of misrepresentations;
- is unlawful, threatening, harassing, hateful, discriminates against any third party or facilitates or encourages conduct that could be considered a criminal offence, gives rise to a civil liability, violates any law, or is otherwise inappropriate, in the view of Dying to Understand;
- impersonates another person or organisation;
- promotes any religious view or belief;
- contains adult-oriented and/or explicit material.
Dying to Understand reserves the right to remove, for any reason whatsoever, any Advertisement that the Advertiser causes to be displayed on the Website. The removal of an Advertisement from the Website may occur without any liability to Dying to Understand and without resulting in a refund, or partial refund, to you.
By causing an Advertisement to be displayed on the Website, you grant Dying to Understand a worldwide non-exclusive, sub-licensable, royalty-free licence to:
- use, reproduce, distribute, display, publish and adapt any part or all of the Advertisement;
- publicly promote, endorse or market the Advertisement in any way whatsoever, including via the Website or otherwise;
- perform or carry out any actions associated with achieving any of the above.
Dying to Understand may, in its sole discretion, use the Advertisement for any period of time, beyond your removal of the Advertisement from the Website.
Warranties and representations
You warrant and represent to Dying to Understand that:
- you have authority to enter in to this Agreement;
- you are authorised to have the Advertisement uploaded to the Website;
- you solely own the Advertisement and you have obtained all necessary rights, clearances, waivers and consents relating to the Advertisement;
- you are not aware of any pending or ongoing litigation relating to the Advertisement, or any part of it;
- an Advertisement that you cause to be uploaded to the Website must be original and not a reproduction, whether in whole or in part, of another person’s work; and
- the Advertisement does not contain any viruses, trojans, worms or any other destructive code or content.
In accepting the terms of this Agreement, you agree to indemnify Dying to Understand and keep Dying to Understand fully indemnified against all proceedings, claims, actions, damages, costs, losses or harm suffered by Dying to Understand, as a consequence of any breach or non-performance by you of any of the representations or warranties contained in this Agreement.
Acceptance of Advertisements
Dying to Understand is in no way obliged to accept any Advertisement that you request to be uploaded to, and displayed on, the Website.
Termination of this Agreement
Dying to Understand reserves the right to immediately terminate these Terms, if you are in breach of them in any way. Such termination may occur at our sole discretion and without notice to you. If we do decide to terminate these Terms, you agree to hold Dying to Understand harmless.
The effect of termination will be that you will no longer be able to display any Advertisement on the Website and, if applicable, you will no longer be able to access the Website.
The laws of Queensland, Australia govern this Agreement.
Advertising Terms last updated on 22 October 2018.