Introduction

These terms and conditions shall govern your use of all sites and services owned by 3D Adept Sprl, including 3D ADEPT Media & Additive Talks.

By using our sites and services, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you should not use our sites or services.

If you register to our mailing list, submit any material to our sites or use any of our services, you agree to these terms and conditions

These legally binding terms and conditions (“Terms and Conditions”) govern all entities that place advertising (“Advertiser” which expression shall include its successors, assignees, executors and personal representatives as the case may be), either directly or through an agent (“Agent”), in print magazines (“Magazines”), websites and mobile sites (collectively, “Websites”), email campaigns (“Newsletters” & “Emails”), broadcast media  (“Webinars”, “Digital Conferences” ) digital magazine publications (“Digital Editions”), and any other services published and/or owned, licensed or operated by or on behalf of 3D ADEPT Sprl (“Publisher” which expression shall include its successors, assignees, sub-contractors or agents) and through the Publisher on any third party Websites, Apps and/or any other platform or service (including, but not limited to, Google, Facebook, Twitter, YouTube, etc.) (collectively, the “Third Party Services”).

General Information

When we collect Personal Data, it may include your IP address, first and last name, your postal and email address, your telephone number, your job title, data for social networks, your areas of interest, and certain information about the company you are working for (company name and address), as well as information that may help us provide you with the best service. We may also connect existing and third-party data about the company you work for including company name, address, phone number, and other data we may have.

1.0.  DEFINITIONS

“Publisher” means 3DA Solutions including but not limited to Additive Talks, as well as all publications of 3D ADEPT Media and all formats that have been recognized by the ISSN Portal:

  • 3D ADEPT Mag – English & print version: ISSN-2736-6634
  • 3D ADEPT Mag – French & print version: ISSN-2736-6626
  • 3D ADEPT Media – 3dadept.com – Online media – English version: ISSN-2736-6650
  • 3D ADEPT Media – https://3dadept.com/fr/ – Online media – French version: ISSN-2736-6642

All of them share the same registered office at Rue Borrens 51, 1050 Brussels, Belgium.

“Advertisement” means any Print Advertisement or Digital Advertisement, submitted to Publisher by or on behalf of a Buyer for insertion in a Magazine or on a Website, Newsletter, in an Email, or for use in or on a Webinar, or App.

“Buyer” means the person or legal entity making the Booking, whether such person or legal entity is the advertiser of the relevant product or service (the “Advertiser”), or the Advertiser’s advertising agency, media buyer, or (in the case of Job Advertisements) a recruiter representing a prospective employer (in each case the “Agent“). The Buyer is the named entity in the Organization field on the Media Insertion Order.

“Booking” means the placing by a Buyer of an order with Publisher for the insertion of an Advertisement in a Publisher property; the details of which are confirmed on a Media Insertion Order. When the Media Insertion Order is signed by the Buyer a Contract is made. it is subject to these Terms and Conditions.

“Campaign” means Buyer’s campaign involving the Advertisement(s).

“Campaign Period” the period during which the Bookings are provided subject to the relevant Media Insertion Order are to be provided.

“Contract” means the agreement between Publisher and the Buyer for the Booking consisting of the Media Insertion Order and these Terms and Conditions.

“Digital Advertisements” mean Advertisements for insertion on a Website, a Newsletter, an Email, an App, a Webinar or a Podcast that is operated or published by Publisher or a Third-Party Site.

“Email” means a solus Advertisement built into an email delivered by Publisher.

“Force Majeure Incident” any incident or event affecting the performance of any provision of the Contract arising from or attributable to acts, events, omissions, or accidents which are beyond the reasonable control of a party including any abnormally inclement weather, flood, lightning, storm, epidemic or pandemic, fire, explosion, earthquake, subsidence, structural damage, other natural physical disaster, transport disruptions, failure or shortage of power supplies, war, threat of or preparation for war, military operations, riot, crowd disorder, imposition of sanctions, malicious damage, strike, lock-outs or other industrial action, breakdown of plant or machinery, default of suppliers or sub-contractor, failure of a utility service or transport or telecommunications network, terrorist action, civil commotion and any legislation, regulations, ruling or omission of any relevant government, court, competent national authority or governing body.

“General Data Protection Regulation or GDPR” means the EU law regulation 2016/679 on data protection and privacy in the European Union and the European Economic Area, as may be amended or updated from time to time, in the UK and if GDPR is no longer directly applicable then any successor legislation to the GDPR or the Data Protection Act 2018.

1.2. The terms controller, data subjects and personal data shall have the meanings given to them in Article 4 of the GDPR (https://gdpr-info.eu/)

1.3. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and a reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.

1.4. A reference to writing or written includes email.

1.5. A reference to any party shall include that party’s personal representatives, successors and permitted assigns.

1.6. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

2.0.  CONTRACT, PRICES AND PAYMENT

2.1. These conditions shall: (i) apply to and be incorporated in the Contract; and (ii) prevail over any inconsistent terms or conditions contained in, or referred to in, the Media Insertion Order or specification, or implied by law, trade custom, practice or course of dealing.

2.2. No Booking is binding until the Buyer has signed the Media Insertion Order or Publisher has commenced delivery of the campaign according to the Media Insertion Order, at which point a Contract shall be formed between Publisher and the Buyer for the delivery of the campaign specified in the Media Insertion Order on these Terms & Conditions.

2.3. Bookings are subject to the rates specified in the relevant Media Insertion Order.

2.4. The Media Insertion Order will contain specific details of the Booking, including but not limited to the date and/or edition and timing of each element. It will also contain pricing for each line item of the Campaign. It will carry a Digital Campaign Total relating to Digital Advertisements and a Print Campaign Total relating to Print Advertisements. Special Instructions will detail advert shape, special positions, broadcast package details and additional information.

2.5. Digital Campaigns are invoiced in total, on the date of signature on the Media Insertion Order. Print Campaigns are invoiced on publication of individual adverts.

2.6. Any amount specified in an invoice shall be payable, unless otherwise specified in the Media Insertion Order, upon receipt of the invoice or date of upload to website whichever is the earliest. If any amount payable has not been received by Publisher within 30 days of the date on the invoice and in full and in cleared funds to a bank account specified by Publisher.  Publisher reserves the right not to publish and/or to withdraw the Advertisement(s) and/or suspend the Campaign (as applicable) until payment is received.

2.7. Where advertising is booked for or on behalf of an Advertiser by an Agent then the Advertiser as principal is and remains liable for the liability incurred and particularly for any monies still owing in the event of default by the said Agent.

2.8. Publisher is entitled to interest on any payment which is not received by due date. These interests will be indicated every time Buyer will receive a payment reminder.

2.9. Buyer shall pay all amounts due to Publisher free and clear of all deductions or withholdings unless the law requires a deduction or withholding, in which case Buyer shall pay such additional amount as will ensure that the net amount Publisher receives (after account is taken of any such deduction or withholding in respect of the additional amount) equals the full amount Publisher would have received had the deduction or withholding not been required.

2.10. All amounts due to Publisher under the Contract are to be paid free and clear of currency control restrictions, bank charges, fees, duties or other transactional costs, the payment of which shall be the Buyers sole responsibility.

2.11. Rates are quoted exclusive of Value Added Tax (VAT) and any other applicable sales taxes. Any VAT or any other applicable tax due on an Advertisement will be paid by Buyer in addition to the rates shown separately on the invoice.

2.12. Buyer shall pay Publisher in full for all Bookings in the event of non-publication due to Buyer’s failure to supply the Advertisement before the Publication Deadline or Rich Publication Deadline.

2.13. Advertising Agent commission is 10%, for accounts settled within 30 days of invoice date. There will be no variation in this clause.

2.14. Publisher will issue invoices in the currency specified on the Media Insertion Order.

2.15. Publisher will use reasonable endeavours to deliver the Booking and to display/transmit the Advertisements in or on the Media during the Campaign Period in accordance with the terms and the dates specified in the Media Insertion Order.

2.16. Payment shall be made within 60 days following the receipt of the invoice.

3.0 COPY AND DELIVERY REQUIREMENTS

3.1 Buyer shall ensure that all Advertisements submitted comply with Publisher’s specifications (as may be updated from time to time), including formatting specifications and copy delivery lead times. if we do not receive copy instructions by the agreed copy date, we cannot guarantee that proofs will be supplied, nor corrections made, and we reserve the right to repeat the most appropriate copy if we have a previous advertisement.

3.2 The advertiser may incur additional charges where artwork supplied requires changes, amendments or alterations for publication in any and all formats.

3.3 If an Advertisement is submitted after the agreed copy date has passed, it shall be at Publisher’s discretion whether to publish the Advertisement.

3.4 Buyer shall be responsible for checking the accuracy of any proofs and the Advertisement copy submitted. The actual size of the published Advertisement will depend on the size and design of the relevant publication.

3.5 The positioning of an Advertisement is at the discretion of The Publisher except when an Advertiser has paid the preferred position charge and the availability of this position has been confirmed in writing by Publisher on the Media Insertion Order. Preferred and guaranteed positions are sold at an extra premium.

3.6 Any Booking containing digital advertising elements must be executed within 12 months of the contract date. Any elements not executed after twelve months will be declared void and will not be executed by The Publisher. For the avoidance of doubt any elements that are voided will not be refunded. There will be no extensions to contracted advertising time period due to delayed arrival of creative.

3.7 No reference to Publisher shall be made in any Advertisement without Publisher’s prior written consent to the specific form and wording of such reference.

4.0.  DISCOVERABILITY AND VIEWABILITY OF DIGITAL ADVERTISEMENTS

4.1. Impressions. Publisher will track delivery of page impressions on its Websites through its ad server according to website standards or Google Analytics. Results will be shared with advertisers if notified during the booking.

5.0.  CANCELLATION AND POSTPONEMENT

5.1. Buyer must notify Publisher in writing of any cancellations and postponements in accordance with the deadlines set out below, otherwise the Booking will remain in effect and all relevant fees shall remain payable. Publisher will consider such request in good faith but shall have no obligation to consent to such cancellation or postponement.

5.2. Buyer may cancel the Booking without penalty by the submission in writing of a cancellation note no later than 15 days before the print issue reservation closing date or the proposed start of a Digital Campaign. It is the Advertiser’s responsibility to gain acknowledgement of receipt of confirmation of cancellation in writing.

5.3 Webinar orders may only be cancelled before the scheduled webinar date only if there is a force majeure.

5.4. Digital orders may not be cancelled after campaign execution has commenced. Buyer will be liable to pay the full rate for the campaign as per the invoice.

5.5. Buyer may request to revise a Booking by providing a written request 30 days prior to the intended date of the requested revision. If Publisher accepts such a request (which we may accept or reject in our absolute discretion), pricing will automatically revert to the appropriate Rate Card pricing for the revised campaign.

6.0.  BOOKINGS

6.1. Acceptance of Bookings. Only Publisher employees and authorised representatives are authorised to accept Bookings on behalf of Publisher.

6.2. Publisher discretion. Publisher may, at its absolute discretion, without any responsibility to the Buyer: (a) reject, refuse, omit, postpone, cancel, or require changes to the whole or part of any Advertisement submitted for insertion at any time; (b) amend, postpone or cancel the Start Date or positioning of the Advertisement; (c) make acceptance of the Booking subject to certain specified conditions; (d) remove from publication without notice any Advertisement Publisher reasonably believes is unlawful or damaging to the reputation of Publisher or the relevant Publisher Publication. (e) insert the words “advertisement” or “sponsored content” alongside any Advertisement.

6.3. Deemed Cancellation. Publisher may, at its sole discretion, deem a Booking cancelled or postponed where: (a) Buyer is in breach of any of these Terms and Conditions; or (b) Buyer (or any of its shareholders or directors) becomes subject to any Sanction, or continuation of these Terms and Conditions would (in the reasonable opinion of Publisher) expose Publisher or any of its affiliated companies to any Sanction, where “Sanction” means any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom, Hong Kong or United States of America. For the avoidance of doubt specific situations may include administration, liquidation or cessation of trading. Where Publisher deems a Booking cancelled or postponed, Buyer will not be entitled to recover any payments already made and will remain liable for all payments owing in respect of such Bookings.

6.4. Licence to publish. Buyer grants Publisher (as relevant) an irrevocable, world-wide, royalty-free licence to reproduce, publish and republish the Advertisement within the relevant Publisher title (irrespective of the medium or platform in or on which it is published) and/or Third-Party Site in accordance with the details of the Booking.

7.0 CAMPAIGN SPECIFIC TERMS

7.1 Data Protection. Neither party will make available to the other, or any third party, any Personal Data relating to recipients or intended recipients of any digital campaign unless a separate agreement is entered into by Publisher and Buyer under which Buyer provides certain assurances as to its use of such personal data and data protection compliance. This provision specifically relates to webinars, white paper and other sponsored content elements of campaigns. Publisher will not intentionally send Advertisements to users of a Publisher Site who have informed Publisher that they do not wish to receive such Advertisements.

7.2. E-mail Campaigns. Buyer agrees that the charge made for an Email Campaign shall be based on the number of Emails sent by Publisher and acknowledges that Publisher cannot provide any guarantees as to the number of Emails that will be opened by recipients. Creative for use in an Email Campaign may be subject to additional restrictions as to size, format and content.

8.0 BUYER WARRANTIES

8.1 Buyer warrants and represents that:

(a) it is contracting with Publisher as a principal, it has the authority to do so and if it is an Agent, it is authorised to make Bookings on behalf of its Advertisers.

(b) it shall not represent to any third party that Publisher in any way endorses Buyer, the Advertisement and/or Buyer’s products or services.

(c) it shall ensure that all Advertisements submitted for publication are clearly recognisable as marketing communications and do not resemble editorial content; and

(d) all Advertisements submitted for publication and any website to which such an Advertisement links, and any competition, prize draw or similar promotion included in an Advertisement, shall:

–  comply with all applicable laws, regulations, codes of practice or similar in countries where the relevant Publication and/or Third Party Site (as applicable) is available, including without limitation, the United Kingdom financial services legislation both as to content and authorisation such as the Financial Services and Markets Act 2000 (as may be amended from time to time), and with all applicable state and federal laws and regulations of the United States of America relating to the offer or sale of securities; and all specific legislation pertaining to the subject matter (for example, gambling or tobacco advertising);

– not contain any libellous, fraudulent, misleading or false statement, and shall not give cause, directly or indirectly, for any action to be brought against Publisher for libel, fraud or publication of a false or misleading statement.

– not infringe the intellectual property rights, rights in confidential information, rights of privacy or any other rights whatsoever of any third party or unfairly prejudice the legitimate interest of any third party by implication or otherwise, and it has obtained the consent of any living person whose name or image (in whole or in part) is contained in the Advertisement.

–  comply with the Committee of Advertising Practice’s British Code of Advertising, Sales Promotion and Direct Marketing and all other codes under the general supervision of the Advertising Standards Authority or any successor body and that, without limitation, all material included within an Advertisement is accurate, legal, decent, honest and truthful and will not breach any contract or violate or infringe any copyright.

– not discriminate or indicate an intention to discriminate on grounds of sex, race, religion or belief, disability, ethnic origin, age or sexual orientation (unless such an Advertisement is exempted from any statutory requirements relating to such forms of discrimination and Buyer notifies Publisher of the applicability of such an exemption at the time when the Advertisement is booked);

– not cause disruption to any computer, computer system, network or any Publisher Site or Third-Party Site, and shall be free from viruses, adware, malware, bit torrents or malicious code; and

– not be prejudicial or damaging to the reputation of Publisher or contain anything which Publisher in good faith considers to be offensive or otherwise inappropriate.

9.0. INDEMINITIES

9.1. Buyer shall fully indemnify Publisher, 3D Adept Media and keep it indemnified against any and all losses, liabilities, costs, claims, damages, demands, expenses and fees (including without limitation reasonable legal and other professional fees) arising out of or in connection with any breach by Buyer of these Terms and Conditions and/or the publication of an Advertisement in any product in accordance with these Terms and Conditions.

9.2. Publisher warrants and represents to Buyer that it shall use reasonable care and skill in carrying out its obligations under these Terms and Conditions.

10.0. LIMITATION OF LIABILITY

10.1. Neither party shall limit or exclude their liability for death of personal injury caused by it its negligence or fraud or for any other liability that cannot be excluded.

10.2. Other than as expressly provided for in these Terms and Conditions, Publisher disclaims for its own benefit all warranties, conditions, representations, terms or undertakings, express or implied, statutory or otherwise. In particular, Publisher makes no representation or warranty as to:

(a) whether any publication of any Advertisement will be confined to persons resident in any particular legal jurisdiction(s);

(b) the exact number of page impressions that will be delivered on specific dates during an online campaign; guarantees concerning reach of our publications, site or target audience. Any statistics related to the site provided to you are provided as an estimate based on prevailing available research only and may not be relied on by you as a representation or otherwise.

(c) the quality of reproduction of Advertisements; created by us for and on your behalf will be entirely consistent with designs previously approved by you as a result of factors that are not within our reasonable control (including, without limitation the image setter, the type of printer, the monitor used, the particular colours selected).

(d) the exact layout and format of any Publisher Publication or Third-Party Site which shall be in the discretion of Publisher or owner of such Third-Party Site.

(e) the accuracy or completeness of its database of users.

(f) the availability of any Publisher Site or Third-Party Site; and in each case Publisher accepts no liability to Buyer in respect of the same; or

(g) the accuracy or completeness of any materials or information provided by Publisher to Buyer about the effectiveness of a Buyer’s Advertisement on any reader or user of any Publisher Publication.

10.3. If Publisher fails to publish an Advertisement on an agreed date pursuant to a Booking solely due to the fault of Publisher, Buyer may require Publisher to either publish the Advertisement on a revised mutually agreed date at no additional cost or require Publisher to refund any fees paid in advance by Buyer for such Advertisement, and such publication or refund shall be Buyer’s sole remedy for such failure.

10.4. Save to the extent caused by its negligence, Publisher will not be responsible for any error or omission in the insertion of any Advertisement, or for any damage or loss of any copy, electronic files, data, drawings or other materials supplied for the purpose of an Advertisement or any shrinkage that may occur during the normal course of production.

10.5. Publisher shall not be liable for any claims for refunds or compensation on the basis that a printed Advertisement is not the same size as quoted in a Booking.

10.6. Publisher shall not be responsible, under any circumstances, for: (a) any indirect, special, incidental, consequential or pure economic loss or damage or for any punitive damages; (b) any loss of profits, loss of business, loss of contract, loss of revenues, loss of goods, loss or corruption of data, loss of goodwill or anticipated savings, in each case (whether such loss or damage was reasonably foreseeable or actually foreseen). (c) Publisher’s maximum aggregate liability arising out of or in relation to any Advertisement, whether in contract, tort or otherwise, shall not exceed the price paid by Buyer for the relevant Advertisement.

10.7. Buyer must notify Publisher in writing within 30 Working Days of the Booking date or if later the Start Date of any complaints it may have in relation to the relevant Advertisement. If Buyer fails make such a complaint within 30 Working Days, then Publisher shall have no liability to Buyer in respect of such complaint and the advertiser shall lose the right to any compensation for any deficiency of whatever nature in The Publisher’s service in respect of any edition. This clause applies retrospectively to all past editions and the advertiser explicitly accepts its retrospective effect.

10.8. Any information received by Buyer from Publisher in relation to an Advertisement under these Terms and Conditions is intended on an “as is” basis only and may not be reproduced without Publisher’s permission.

10.9. Publisher shall not be liable for any failure to comply with these Terms and Conditions as a result of any event beyond its reasonable control.

11.0. FORCE MAJEURE

11.1. Any party that is subject to a Force Majeure Incident shall not be in breach of the Contract and shall be excused from performance under the Contract while and to the extent they are unable to perform due to any Force Majeure Incident.

11.2. If the circumstance of a Force Majeure Incident continues for a period of six months or longer, the party not affected by the Force Majeure Incident shall have the right to terminate the Contract upon written notice to the other. Excuse from performance does not extend the Term of the Contract. This termination shall be without prejudice to the rights of the parties in respect of any breach of the Contract occurring before termination.

Conclusion

Publisher may from time to time modify these Terms and Conditions by publishing any changes online https://3dadept.com/legal-notice/

Nothing in the Booking, Media Insertion Order, Terms and Conditions or resultant Contract is intended to or shall operate to create a partnership between the parties, or to authorise either party to act as agent for the other, and neither party shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including without limitation the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

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