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(1) The placing of an advertisement constitutes a warranty from the advertiser and/or advertising agency to the publisher:
(i) That the advertisement is legal, decent, honest and truthful, complying with any relevant codes of practice and with the requirements of current legislation; and
(ii) That the advertisement is not defamatory and does not infringe the copyright moral rights or any other rights of any third party.
(2) The advertiser and/or advertising agency agrees to indemnify the publisher in respect of all costs, claims, damages, or other charges arising directly or indirectly as a result of the publication of the advertisement(s).
(3) While every endeavour will be made to meet the wishes of advertisers, the publisher does not guarantee the publication of any particular advertisement or its publication on any particular date.
(4)
(i) It is the responsibility of the advertiser/advertising agency to check the appearance of any series of advertisements for errors. The publisher assumes no responsibility for the reception of errors.
(ii) Save as set out above, the publisher accepts no liability in respect of any loss or damage occasioned directly or indirectly as a result of publication of any advertisement or any loss or damage occasioned directly or indirectly by any total or partial failure (however caused) of publication of any advertisement or of any title of Website in which any advertisement is scheduled to appear.
(5) Without prejudice to the foregoing, the publisher accepts no liability in respect of any loss or damage alleged to have arisen through delay in forwarding or omitting to forward replies to the advertiser (however caused). The advertiser hereby authorises the publisher to return to its originator or destroy any communication which, in the reasonable opinion of the publisher, should not be delivered to the advertiser.
(6) The publisher reserves the right to:
(i) Refuse any advertisement at any time;
(ii) require any alteration it considers necessary or desirable in any advertisement.
(7) The copyright for all purposes in all artwork, copy and other material which the publisher or his employees have originated, contributed to or reworked shall vest in the publisher.
(8) The placing of an advertisement , constitutes an assurance that all necessary authority and consents have been secured in respect of the use in the advertisement(s) (a) of pictorial or other representations of (or purporting to be of) living persons, and of references to any words attributed to living persons and (b) any material the copyright in which vests in a third party.
(9) Any material submitted by the advertiser is held by the publisher at the advertiser's risk. The publisher reserves the right to destroy without notice all such property after the date of its last appearance in an advertisement.
(10) The publisher reserves the right to disclose the name and address of advertisers and/or agencies to the police, trading standards officials, or any other relevant authority and, where the publisher in its sole discretion deems it reasonable, to other third parties.
(11) These terms and conditions shall be governed by and construed in accordance with the laws of The Netherlands.