Specifications
Your
ads appear on the right and left side of homepage. The usual banner advertisement
on KolkataBuzz measures 130 X 60 pixels. Depending on availability, large
banner of 130 X 120 pixels can also be accommodated in this area.
Width: 130 pixels
Height:
60 pixels or 120 pixels
Resolution:
72 dpi maximum. Higher resolution images will not be published.
Size:
10K maximum for still, 30K maximum for animated
Type:
Gif / JPEG or Flash
Advertisers with web sites will have their banners linked to their web
site.
Advertisers
without a web site on their discretion may ask KolkataBuzz to create a
single web page with their details for which an extra charge upwards of
Rs.1,499/- will be levied. The pricing for this effort will be arrived
at after further discussions.
Conditions of Acceptance
KolkataBuzz
reserves the right to refuse any advertisement deemed counter to the interests
of KolkataBuzz. All advertisements submitted is expected to meet reasonable
standards of truthfulness.
Deadlines
Once
banner art is received, it takes a minimum of two working days to appear
on the Web site.
Insertion Order
To
reserve advertisement space, complete this enquiry form and our sales
department will get back to you within 48 hrs.
mana.bando@kolkatabuzz.com
I hereby initiate this agreement with KolkataBuzz based on the terms listed
here. I have read and agree to the online Advertising Terms and Conditions.
Download Advertising Insertion Order Form (26 KB)
Advertising
Terms and Conditions
These
terms and conditions (the "Terms") are entered into between
KolkataBuzz website administrator, Manabendra Bandopadhyay, ("Kolkatabuzz")
and the Advertiser and/or Agency ("Customer") referenced on
the corresponding insertion order ("IO"). If Customer is an
Agency, Agency represents and warrants that (1) Advertiser has authorized
Agency to enter into this Agreement on Advertiser's behalf and to represent
the Advertiser within the scope of this Agreement, and (2) Advertiser
agrees to be bound by the terms of this Agreement, including but not limited
to paying KolkataBuzz for advertisements delivered pursuant to this Agreement
and any corresponding IOs. These Terms shall be deemed incorporated by
reference into any IO submitted by Customer. The Terms and IOs collectively
form the "Agreement."
1. Reservation of Right. KolkataBuzz reserves the right to reject or cancel
any advertisement, insertion order or placement guarantee at any time
without citing any reason. All advertisements must conform to the standards
of KolkataBuzz and, in KolkataBuzz's estimation, be suitable for publication.
Only publication of an advertisement shall constitute final acceptance.
No obscene/pornographic or matters that are considered to be unsuitable
for public viewing will not be accepted.
2. Endorsement. Publication of an advertisement does not necessarily imply
endorsement by Kolkata Buzz.
3. Term; Renewal. The term of these Terms commences on the Start Date
set forth in the IO ("Start Date") and continues in force and
effect until terminated pursuant to section 4. Except as expressly set
forth in the IO, any renewal of the IO, acceptance of any additional IOs,
and pricing for such renewal or additional IOs shall be at KolkataBuzz's
sole discretion.
4. Termination; Effect of Termination. KolkataBuzz shall have the right
to terminate any IO (and this Agreement), in whole or in part, with or
without cause, at any time except as provided in an IO. Once an IO is
submitted, Customer cannot terminate it for any reason unless expressly
provided in the IO. Upon termination for any reason, (i) Customer shall
remain liable for any amount due under an IO for advertisements delivered
by KolkataBuzz and such obligation to pay shall survive termination of
this Agreement, (ii) at the request of either party, the other party shall
return all Confidential Information and (iii) Sections 4 and 6-11 shall
survive termination.
5. Confidentiality. Customer shall make no public announcement regarding
the existence or content of the IO without KolkataBuzz's prior written
approval. Furthermore, during the term of this Agreement, and for a period
of two years following any IO End Date, neither party will use or disclose
any Confidential Information of the other party except as provided herein.
"Confidential Information" includes (1) advertisements, prior
to publication, (2) IOs, (3) any KolkataBuzz statistics and information
designated by either party in writing, or identified orally at time of
disclosure as "confidential" or "proprietary." The
foregoing restriction does not apply to information that has become publicly
known through no breach by a party, or has been: (1) independently developed
without access to the other party's Confidential Information; (2) rightfully
received from a third party; (3) approved in writing for release by the
disclosing party; (4) required to be disclosed by law or by a governmental
authority.
6. No Warranty. KOLKATABUZZ MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION WITH RESPECT TO ADVERTISING AND OTHER SERVICES, AND
EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR ANY PARTICULAR PURPOSE.
7. Limitations of Liability; Force Majeure. In no event shall KolkataBuzz
be liable for any act or omission, or any event directly or indirectly
resulting from any act or omission, of Customer, or any third parties
(if any). EXCEPT FOR THE PARTIES' INDEMNIFICATION AND CONFIDENTIAILITY
OBLIGATIONS HEREUNDER, (I) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER
THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE,
OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY,
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY
AND (II) EACH PARTY'S AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY
CLAIM IS LIMITED TO THE AMOUNT PAID OR PAYABLE TO KOLKATA BECKONS FROM
CUSTOMER FOR THE IO GIVING RISE TO THE CLAIM. Without limiting the foregoing
and except for payment obligations, neither party shall have any liability
for any failure or delay resulting from any condition beyond the reasonable
control of such party, including but not limited to governmental action
or acts of terrorism, earthquake or other acts of God, labor conditions,
and power failures.
8. Advertisement Placement and Modification. Customer agrees (unless otherwise
specified in an IO) that advertisements will be displayed in homepage
of www.kolkatabuzz.com whenever the pages are browsed in a web browser,
either alone or in combination with other advertisements. If Kolkata Buzz
receives a complaint from a third party alleging that the advertisements
corresponding to an IO infringe the third party's trademark or other proprietary
rights, KolkataBuzz shall have the right to disable the advertisements
at issue.
9. Customer's Responsibilities. Customer is responsible for the selection
of keywords, the content and display of advertisements, URL links, and
IOs including any trademark issues associated therewith. Customer shall
ensure that(a) Customer holds all rights needed to permit the use, reproduction,
display, transmission and distribution of the advertisement and all contents
therein ("Use") by Kolkata Buzz; and (b) KolkataBuzz's Use,
Customer's keywords, any data regarding users, and any material to which
users can link, or any products or services made available to users through
the advertisement will not (i) violate any criminal laws or third party
rights; (ii) encourage conduct that would constitute a criminal offense
or violate any law; or (iii) give rise to civil liability. Kolkatabuzz
will STRICTLY NOT BE RESPONSIBLE for any contents provided by the client
in the IO for deployment in the site.
10.
Indemnification. Each party agrees to indemnify the other party and its
respective agents, affiliates, subsidiaries, directors, officers, employees
and applicable third parties (e.g., syndication partners, licensors, licensees,
consultants, and contractors) ("Indemnified Person(s)") from
and against any third party claim, liability, loss and expense (including
damage awards, settlement amounts, and reasonable legal fees and expenses
incurred by the indemnifying party in such defense) ("Liabilities"),
arising out of the breach by the indemnifying party of its obligations
under this Agreement and failure to comply with applicable law in the
performance of its obligations hereunder during the Term. The indemnification
obligations regarding the Indemnified Person(s) and Liabilities shall
exist only if the indemnified party (the "Indemnitee") (1) promptly
notifies the indemnifying party (the "Indemnitor") of any claim,
(2) provides the Indemnitor with reasonable information and cooperation
in defending the claim, and (3) gives the Indemnitor full control and
sole authority over the defense and settlement of such claim. The Indemnitee
may join in defense with counsel of its choice at its own expense. The
Indemnitor shall not reimburse the Indemnitee for any expenses incurred
without prior written approval.
11. Priority; Miscellaneous. These Terms shall supersede any and all conflicting
terms in an IO unless a provision of these Terms expressly allows for
control by the IO. This Agreement: (1) shall be governed by the laws of
West Bengal, except for its conflicts of laws principles. Any dispute
or claim arising out of or in connection with this Agreement shall be
adjudicated in Kolkata, India. This constitutes the entire agreement between
the parties with respect to the subject matter hereof. Each party hereto
is duly authorized to enter into this Agreement and perform its obligations
hereunder. Any modifications to this Agreement must be made in a writing
executed by both parties. The parties will negotiate any dispute hereunder
in good faith within thirty (30) days of receiving written notice; this
obligation shall not eliminate any remedies available to the parties.
Any notices shall be sent to the addresses set forth in the IO by facsimile
or overnight courier and shall be deemed given upon receipt. The waiver
of any breach or default of this Agreement will not constitute a waiver
of any subsequent breach or default. If any provision herein is unenforceable
under any applicable law, then such provision will be modified to reflect
the intention of the parties, and the remaining provisions of this Agreement
will remain in full force and effect. Any reference to the term "partner"
herein does not denote a legal partnership relationship, but one of independent
contractors. Customer may not resell, assign, or transfer any of its rights
hereunder. Any such attempt shall automatically terminate the Agreement,
without liability to KolkataBuzz.
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