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2012 Radio South East Sports Community

DISCLAIMER . . . .

Placement, Licence and Impressions

Advertiser hereby grants a worldwide, non-exclusive, fully paid licence to reproduce and display the advertisement (including all text, content, trademarks and branding) in accordance with this Order and the terms and conditions Except as set out in the Order, positioning of the Advertisement within the Website is at the sole discretion of LarkWeb and Advertiser acknowledges that LarkWeb has not made any guarantees with respect to usage statistics or levels of impressions for the Advertisement. If it is agreed between the parties, LarkWeb may provide Advertiser with estimated usage statistics. LarkWeb makes no representations or warranties with respect to such usage statistics and shall not be held liable for any claims in respect thereof.

Renewal

Except as expressly set forth in the Order, any renewal of the Order and acceptance of any additional advertising order shall be at LarkWeb's sole discretion. Pricing for any renewal period will be at LarkWeb then current rates which are subject to change by LarkWeb from time to time.

No Assignment or Resale of Advertising 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 LarkWeb.

Limitation of Liability

In the event that LarkWeb fails to publish the Advertisement in accordance with the terms of the Order (or in the event of any other failure, technical or otherwise, of such Advertisement to appear as provided in the Order), Advertiser’s sole remedy and LarkWeb’s entire liability to Advertiser shall be limited at LarkWeb's option to either a refund of the Fee or relevant part thereof, or placement of the Advertisement at a later time in a comparable position.

In no event shall LarkWeb be responsible for any consequential or special damages or loss of profits arising from any failure to publish the Advertisement in accordance with the Order. LarkWeb does not limit or exclude or limit liability for death or personal injury caused by its own negligence.

Without limiting the foregoing, LarkWeb 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 LarkWeb affecting production or delivery in any manner.

Each of the provisions of Clause 5 shall be construed separately and independently of the other and if any provision of Clause 5 shall be found by any court or administrative body to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of Clause 5 which shall remain in full force and effect.

Warranties and Indemnity

Advertiser warrants and represents to LarkWeb that:

it has the right to publish the contents of the Advertisement, without infringement of any rights of any third party including, without limitation, intellectual property rights;

it has complied with the codes of practice issued by the Advertising Standards Authority in respect of electronic and on-line advertising and all other relevant industry codes of practice including without limitation good data protection/privacy practice in accordance with the Data Protection Act 1998; and

the advertisement does not constitute an investment advertisement within the meaning of the Financial Services Act 1986.

Advertiser agrees to indemnify LarkWeb forthwith on demand and hold LarkWeb harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by LarkWeb in connection with any claims, actual or threatened, of any kind (including, without limitation, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from the Advertisement and/or any material of Advertiser to which users can link through the Advertisement.

Provision of Advertising Materials

Advertiser will provide all materials for the Advertisement (including GIF files), in accordance with the Order and LarkWeb policies in effect from time to time, including (without limitation) the manner and time of transmission to LarkWeb and such technical specifications as LarkWeb may from time to time require. LarkWeb shall not be required to publish any advertisement that is not received in accordance with such policies. Advertiser warrants that all such Materials shall be free from viruses and indemnifies LarkWeb against any expense, damage or loss arising from a breach of this Warranty.

The Advertiser must notify LarkWeb by telephone and submit in writing for LarkWeb's approval any contact detail changes to advertisements already approved and published. It is the Advertisers responsibility to make sure that LarkWeb receives this information.

Right to Reject Advertisement

All contents of advertisements are subject to LarkWeb's acceptance. LarkWeb does not undertake to review the contents of any advertisements and any such review of and acceptance by LarkWeb shall not be deemed to constitute a confirmation by LarkWeb that such advertisement is provided in accordance with the terms of the Agreement nor shall it constitute a waiver of LarkWeb’s rights hereunder. LarkWeb reserves the right at any time, at its sole discretion, to: reject or cancel the Advertisement, order, space reservation or position commitment; or remove the Advertisement from the Website.

In addition, LarkWeb shall have the absolute right without assigning any reason to reject any URL link embodied within the Advertisement.

Cancellations

Except as otherwise specified in the Order, the Order is non-cancellable by Advertiser.

Construction

No conditions other than those set forth in the Order or these Standard Terms shall be binding on LarkWeb unless expressly agreed to in writing by LarkWeb. In the event of any inconsistency between the Order and these Standard Terms, the Order shall prevail.

Miscellaneous

These Standard Terms, together with the Order: shall be governed by and construed in accordance with, the laws of England and Wales and Advertiser submits to the non-exclusive jurisdiction of the English Courts; may be amended only by a written agreement executed by an authorized representative of each party; and constitute the complete and entire expression of the agreement between the parties, and shall supersede any and all other prior understandings, commitments, representations or agreements, whether written or oral, between the parties.

Notwithstanding any other provision above a person who is not party to these terms and conditions has and does not accrue any rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these terms and conditions, but this does not affect any right or remedy of a third party which exists or is available apart from this Act

DISCLAIMER . . . .

Placement, Licence and Impressions

Renewal

Limitation of Liability

Warranties and Indemnity

Provision of Advertising Materials

Right to Reject Advertisement

Cancellations

Construction

Miscellaneous

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