1. General
These Terms and Conditions form part of the contract between Compass Media, 319 Shedden Rd., KY1-1108 George Town, KY (hereinafter "Organizer") and the purchaser (hereinafter "End Customer") of access rights, participation rights, admission rights, visitation rights or reservations and coupons for the foregoing or similar or related rights (hereinafter "Tickets") or other products or services (such as merchandise) (together “Offers”), which the Organizer may provide using technology platforms, software and services operated by vivenu. “End Customer,” as that term is used herein, includes also individuals and legal entities who have not purchased Tickets or other Offers directly from the Organizer, but are entitled to participate in an event (such as through resale of Tickets, where permitted).
All communication with the Organizer regarding Tickets and Offers should be addressed to: Compass Media, 319 Shedden Rd., KY1-1108 George Town, KY
The Organizer hereby informs the End Customer that vivenu GmbH (hereinafter "vivenu") together with its affiliated companies, is a provider of technology platforms, software and services (hereinafter "vivenu Services"), which are used by the Organizer to sell Tickets and provide Offers for artistic, cultural, athletic or other events, theater plays, concerts, meetings, seminars, leisure and other events, museums, historic sites, cinematic exhibitions, operas, lectures, conferences, continuing educational events, educational courses and other events and performances (whether physical or virtual) (hereinafter, each an "Event") and to sell Tickets, market other offers and process transactions related to Events to End Customers. vivenu is a technology platform provider to the Organizer under license. vivenu is not a ticket broker and is not the organizer of any Event.
2. Contract
There is no contract between vivenu and the End Customer. Upon the successful completion of a purchase transaction between the Organizer and the End Customer using the vivenu Services, a contract will exist between the Organizer and the End Customer only, notwithstanding the fact that Tickets or Offers may contain statements such as "powered by vivenu" or similar designations, and notwithstanding that the Organizer advertises, offers and/or distributes the Tickets or Offers via the domains and sub-domains of vivenu (e.g., vivenu.com). No purchase, services or other agreement is concluded between the End Customer and vivenu.
The End Customer acknowledges that the Organizer may make the sale of Tickets and other Offers subject to the acceptance of further conditions, data protection declarations, instructions for cancellation and other contractual components by the End Customer and other restrictions (such as maximum number of Tickets for an Event). The Organizer or vivenu (on behalf of the Organizer) shall be entitled to refuse or reject the conclusion of purchase transactions with the End Customer for any legal reason.
The End Customer acknowledges that the total purchase price of Tickets and Offers shall be determined or modified solely by the Organizer or third parties who sell to or through the Organizer. The total purchase price may exceed the ticket price indicated on a Ticket or in the Organizer’s ticket storefront. The calculation of the total purchase price shall be based on the indicated ticket price with the addition of any markup, fees, surcharges and taxes. The End Customer shall be notified of the total purchase price to be paid by the End Customer before the completion of the purchase transaction. Payment of the total purchase price can only be made by the payment methods provided by the Organizer or vivenu (on behalf of the Organizer).
The contract between the Organizer and the End Customer for the purchase and sale of Tickets or Offers shall deemed completed only when the Organizer or vivenu (on behalf of the Organizer) has confirmed the transaction with the End Customer (e.g., by providing the transaction confirmation or by the assignment and subsequent transfer of a Ticket with the corresponding ticket ID). The completion of the ordering process, without such confirmation, such does not constitute a binding contract and does not entitle the End Customer to participate in an Event.
If Ticket quotas (both the total quota for the Event and the quotas of individual categories of Tickets) have been exceeded due to technical issues, the Organizer or vivenu (on behalf of the Organizer) shall notify the End Customer. The Organizer or vivenu (on behalf of the Organizer) may revoke the corresponding Tickets with repayment of the corresponding total purchase price.
3. Form of Tickets
Unless otherwise agreed by the End Customer and the Organizer or vivenu (on behalf of the Organizer), the End Customer will receive an automated email message from vivenu (on behalf of the Organizer) to confirm the order and an additional email message with a link to the Tickets purchased for the corresponding Event. The form of the Tickets provided will depend on the method of admission entry utilized by the Organizer for a particular Event and will be communicated to the End Customer (such as by downloading and printing the Ticket, digital wallet or other options). To participate in an Event, the Ticket must be presented in the form provided. Presentation of the email for the order confirmation alone (without providing the Ticket in the correct form) does not entitle the End Customer to participate in an Event.
If the Organizer provides such option, the End Customer has the ability to order Tickets in printed form and shipped to the End Customer for an additional fee (hereinafter "Printed Tickets").
The End Customer is required to verify that the purchased Tickets are correct in terms of quantity, price, date, event, venue and other essential details. Any complaint about incorrect Tickets must be reported to the Organizer or vivenu (on behalf of the Organizer) promptly after the purchase, and in no event later than five business days following the End Customer’s becoming aware of the issue that is the subject of the complaint.
The transfer of ownership of Tickets or related rights to the End Customer shall only occur upon the full payment of the total purchase price and the settlement of all outstanding claims for payment from the End Customer to the Organizer.
The End Customer must provide truthful, complete and correct information as part of the purchase transaction. The Organizer or vivenu (on behalf of the Organizer) shall be authorized to verify the information provided by the End Customer using appropriate legal means (such as credit reports when properly authorized).
4. Rights and Obligations
The Organizer or vivenu (on behalf of the Organizer) shall communicate all relevant requirements regarding an Event, Tickets or other Offer (such as the scope or content, place, time, organizer, price, fees and taxes, requirements and restrictions on participation, access controls, form of Tickets to be presented, accessibility, venue plan, house rules and other codes of conduct for the respective venue and other restrictions or essential information that could reasonably affect the End Customer’s decision to purchase).
The End Customer hereby acknowledges and agrees to such requirements, which are part of the contract between the Organizer and the End Customer.
It is the sole responsibility of the End Customer to verify his or her capability and/or willingness to meet the requirements communicated by the Organizer. The Organizer may refuse or terminate the participation of an End Customer in an Event upon non-compliance with such requirements.
If the Organizer or vivenu (on behalf of the Organizer) reasonably suspects abuse or legal violations (including legal violations of these General Terms and Conditions or other applicable terms of the contract between the Organizer and the End Customer), such as through fraudulent, illegal or breach of disloyal activities or of corresponding circumvention or attempts to circumvent such provisions and conditions, the Organizer or vivenu (on behalf of the Organizer) may revoke the validity of a Ticket without compensation before or during an Event and deny the End Customer the right to participate in an Event or remove the End Customer from the Event.
If Tickets are damaged, lost or stolen, the End Customer must notify the Organizer and vivenu without delay. If the End Customer loses a Ticket, the Organizer or vivenu shall not be obligated to provide a replacement.
Unless otherwise agreed, the validity of a Ticket shall be restricted to the respective Event (in particular, in terms of time and place) and, if necessary, the respective seat or seat unit or the corresponding ticket category. The Ticket shall become invalid once the Event has ended.
The End Customer acknowledges that vivenu has no obligation to instruct, verify or supervise the Organizer regarding its obligations to End Customers for Tickets, Events and other Offers made by the Organizer, which are offered and processed via vivenu Services. The Organizer is solely responsible for the communication, publications and information, and vivenu does not bear responsibility in that regard. vivenu has no obligation to instruct, audit or supervise the Organizer in relation to its obligations towards End Customers. Further, vivenu has no obligation to check the timeliness, correctness or completeness of the Organizer’s published communication and information. This applies even if employees of vivenu act on behalf of the Organizer or if the Organizer uses contractual documents and templates provided by vivenu.
Furthermore, the End Customer acknowledges that vivenu does not guarantee uninterrupted accessibility and usability of the vivenu Services. vivenu does not bear any liability for delays or errors in the transmission, storage failures and associated limitations of the vivenu Services. During maintenance work there may be temporary disruptions of the web site and/or individual vivenu Services.
5. Transfer of Tickets
Tickets may be transferred. To re-assign/personalize Tickets or any related identification information, please contact the Organizer. A processing fee may apply to this service.
6. Revocation, Cancellation, Refund, Return and Exchange of Tickets
In Case of no significant Changes, Postponement or Cancellation of the Event
There are no rights of revocation, return, cancellation or exchange of Tickets for Events, except were otherwise provided by applicable law, or permitted in the sole discretion of the Organizer. Subject to the foregoing, any purchase of Tickets is binding immediately upon completion of the purchase transaction (i.e., confirmation from the Organizer that the purchase has been completed) and cannot be cancelled.
In Case of significant Changes, Postponement or Cancellation of the Event
In the event of significant modification, postponement or cancellation of an Event due to circumstances for which the Organizer is not responsible, the End Customer shall be entitled to return the Tickets and shall be entitled to a refund for the price of the Ticket less any processing fees.
vivenu shall process the exchange or refund on behalf of the Organizer. The refund will be made to the End Customer using a payment method selected by vivenu (on behalf of the Organizer).
A modification shall be considered significant if the modified Event is fundamentally different from the Event that the Ticket purchaser reasonably expected.
7. Liability
Except where otherwise provided by nonwaivable provisions of applicable law (e.g. in cases of breach of material contractual obligations, injury to life, body or health), the Organizer shall be liable only for intentional misconduct and gross negligence. Except where otherwise provided by nonwaivable provisions of applicable law, liability fora slightly negligent breach of material contractual obligations shall be limited in amount to the transaction value related to the transaction giving rise to the liability. Subject to the foregoing limitations, the Organizer shall not be liable for damages due to force majeure or violations of obligations by third parties.
To the extent that the Organizer’s liability is excluded or limited herein, the foregoing limitation of liability shall also apply to the personal liability of the Organizer’s legal representatives and agents as well as any representatives acting for the Organizer with regard to the End Customer, including without limitation vivenu and its affiliates, each of which representatives and agents is an intended third party beneficiary of the contract between the Organizer and the End Customer, with the power to enforce the contract as if a party hereto.
The End Customer hereby acknowledges and agrees that: Except as provided to the contrary by nonwaivable provisions of applicable law, vivenu shall have no liability to the End Customer when acting on behalf of the Organizer as an agent or otherwise. vivenu shall not be liable for damages caused by force majeure or breach of duty by third parties.
To the extent that vivenu’s liability is excluded or limited, this disclaimer or limitation of liability shall also apply to the personal liability of vivenu's legal representatives and vicarious agents as well as any representatives acting for vivenu with regard to the End Customer. Not in limitation of the foregoing, vivenu shall not be liable for damages resulting from an Event’s failure, cancellation, modification, relocation or defect or the Organizer’s insolvency or loss or delayed arrival or defects in Printed Tickets as well as limitations in vivenu Services.
8. Miscellaneous Provisions
These General Terms and Conditions shall take precedence over any provisions to the contrary in the contractual relationship between the Organizer and the End Customer.
The laws of the state of the incorporation of the Organizer shall apply, and the United Nations Convention on the International Sale of Goods (hereinafter “CISG”) shall not apply. This shall not affect statutory provisions restricting the choice of law and the applicability of mandatory provisions.
Insofar as the End Customer is not a Consumer, the exclusive place of jurisdiction for all disputes between (i) the End Customer and the Organizer shall be the registered office of the Organizer and (ii) between the End Customer and vivenu shall be Düsseldorf, Germany.
The End Customer shall be deemed to be a “Consumer” insofar as the purpose of the ordered deliveries and services is not attributed to his commercial or self-employed professional activity. Any natural person or legal entity as well as partnership with legal capacity acting in its commercial or self-employed professional activity when concluding the contract shall not be deemed a Consumer. Furthermore, the End Customer shall not be deemed a Consumer when purchasing services in connection with leisure activities if the contract provides for a specific date or period of time for the provision.
The following clauses apply to End Customers with their registered office, place of residence in the European Union:
The End Customer warrants that he has full legal capacity or the necessary powers of representation to conclude this contract.
The European Commission provides an internet platform for online dispute resolution at https://ec.europa.eu/consumers/odr(opens in a new tab). The Organizer and vivenu are not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board.
The following clauses apply to End Customers with their registered office, place of residence in the United States:
For any proceeding in the United States, the Parties hereby irrevocably waive the right to trial by jury.
BY ACCESSING ANY PORTION OF THE SITE OR THE MOBILE APPLICATION, OR BY USING THE VIVENU SERVICES, YOU AFFIRM THAT YOU ARE A RESIDENT OR CITIZEN OF THE UNITED STATES, YOU ARE AT LEAST 18 YEARS OF AGE, AND YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO YOU WILL PERMIT TO ACCESS ANY PORTION OF THE SITE OR THE MOBILE APPLICATION, OR MAKE USE OF THE SERVICE, YOU AGREE THAT YOU TAKE FULL RESPONSIBILITY FOR THE MINOR’S USE OF THE SITE, MOBILE APPLICATION, AND/OR SERVICE, AND FOR THE MINOR’S COMPLIANCE WITH THESE TERMS AND CONDITIONS.
EXCEPT AS PROVIDED TO THE CONTRARY IN THE CONTRACT, VIVENU PROVIDES ITS SERVICES "AS IS" AND "AS AVAILABLE" TO THE ORGANIZER, AND NO CONTRACTUAL RELATIONSHIP EXISTS BETWEEN VIVENU AND THE END CUSTOMER. TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, ORGANIZER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. THE END CUSTOMER ACKNOWLEDGES THAT THE ORGANIZER AND VIVENU DO NOT GUARANTEE THAT THE VIVENU SERVICES WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT THEY WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. THE ORGANIZER AND VIVENU ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND THE END CUSTOMER HEREBY RELEASES THE ORGANIZER AND ITS AGENTS, INCLUDING WITHOUT LIMITATION VIVENU, FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM THAT THE END CUSTOMER HAS AGAINST ANY SUCH THIRD PARTIES. IF THE END CUSTOMER IS CALIFORNIA DOMICILED.
THE END CUSTOMER WAIVES CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
If any of the preceding provisions are, or become, ineffective or unenforceable in whole or in part, such condition shall not affect the validity of the remaining provisions. The same shall apply if and to the extent that a gap or ambiguity exists, and an appropriate provision that comes closest to that which the Organizer and the End Customer would have wanted economically shall replace the affected provision, if they had considered that gap or ambiguity.
9. Additional Provisions of the Organizer
The following additional provisions of the Organizer shall apply:
Compass Media Ltd Products Terms & Conditions
The following terms and Conditions of Service (“terms”) apply to all products and services provided by or on behalf of Compass Media Ltd (“Compass Media”, "Compass", “we” or “us”) and, in the event of any dispute, are governed by the laws of the Cayman Islands and the Cayman Islands courts shall have exclusive jurisdiction over any such dispute.
By submitting an order for a product or service from Compass Media or any member of the Compass group of companies (each a “project”), and by signing an order form, quotation or estimate, you agree to be bound by these terms, our Privacy Policy, Copyright Policy, and any other relevant policies (together, your “contract”), all of which can be found at https://www.caymancompass.com/legal/(opens in a new tab) in addition to the matters set out in your order form. Please review the Contract carefully as it sets out the legal obligations and rights between us.
Compass Media reserves the right to change these terms at any time and without prior notice and encourages clients to periodically review this page for changes.
Fees and Payment
Fees for services to be provided by Compass Media will be set out in the order form, written estimate or quotation.
Unless a client has applied for and been accepted as a credit account customer, Compass Media will provide services only on a pre-payment basis, with receipt of cleared funds prior to the order being confirmed. Account customers may be extended a credit account with thirty days for payment from date of invoice. Compass Media reserves the right to withhold publication and/or release of work done by Compass Media on behalf of the client until cleared funds have been received.
If the due date for payment falls on a weekend or bank holiday the payment is due on the first working day immediately prior to the due date. Compass Media reserves the right to charge interest on late payment at 5% per month on a compounded basis.
For the avoidance of doubt, Compass Media shall have the right to charge additional sums for any additional services requested during a project that are over and above the estimated time or out of scope. Specifically, the client agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
Any invoice queries must be submitted by email within thirty of days of the invoice date.
Accounts which remain outstanding for sixty days after the date of invoice will incur late payment interest charges at 5% on the outstanding amount from the date due until the date of payment.
Payments may be made by cheque, online transfer, credit card (Visa, Mastercard) or debit card.
Returned cheques will incur an additional fee of $50 per returned cheque.
Fees may be recovered by another company in Compass Media’s corporate group.
Where a payment is in default the client agrees to pay Compass Media’s legal and accounting expenses and third-party collection agency fees in the enforcement of the debt and these terms in addition to all amounts due, including interest charges.
Copyrights and Trademarks
By supplying text, images and other data (“client data”) to Compass Media, the client agrees that it holds the appropriate copyright and/or trademark permissions and permits Compass to use the data in the commission of the services. The ownership of the client data will remain with the client.
Copyright is retained by Compass Media on all design work including sounds, words, pictures, ideas and illustrations (“design work”) unless specifically released in writing and after all costs have been settled.
A licence for use of design work is granted to the client solely for the project or Advertisement defined in the scope, order form or request. The client may request in writing from Compass Media, the necessary permission to use the design work in forms other than for which it was originally supplied, and Compass Media may, at its discretion, grant this and may charge for the additional usage.
Sub-contractors and provision of services
Compass Media reserves the right to use the services of sub-contractors, agents and suppliers.
Compass Media reserves the right for any member of the Compass group of companies to provide the services.
Indemnity
The client agrees, to the fullest extent permitted by law to defend, indemnify, and hold Compass Media, Compass group companies and affiliated companies (including but not limited to Regal Cinemas and television stations on which Advertisements are broadcast) and each of their respective employees and agents (together the “Indemnified Persons”) harmless from any claim or demand made by the client or any third party (including, but not limited to claims in breach of intellectual property and defamation), as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses of every kind and nature, known and unknown (“Losses”), incurred or suffered by Compass Media, relating to or arising out of: (a) any breach of these terms or the Contract; (b) the client’s use (or misuse) of Compass Media’s services or products; (c) failure of an Advertisement to meet any standards warranted by the client in these terms; (d) the client’s violation of any law, regulation or the rights of a third party, including intellectual property rights; (e) defamation by the client; and/or (f) the client not having the appropriate authority or permission to use the data or materials it has submitted or to enter into the contract.
Warranties
Compass Media makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Any indication given by Compass Media of a project’s duration is to be considered by the client to be an estimation. Compass Media cannot be held responsible for any project delays.
Liability
Compass Media is not responsible for any loss, or consequential loss arising from the products and/or services it supplies, delay to or non-delivery of products or services, save where caused by Compass Media’s wilful default or fraud.
The client expressly agrees that Compass Media holds no responsibility for any act or omission (including any amendments made) by itself or any third party, before or after a design or Advertisement is published or screened.
Compass Media’s maximum liability for any loss or damage arising out of or in relation to any service whether in contract, tort or otherwise shall not exceed the amount paid by the client for the relevant service.
For the avoidance of doubt, nothing in these terms will limit or exclude Compass Media’s responsibility for death or personal injury resulting from its own fraud or any other liability that cannot be excluded.
Compass Media will in no circumstances be liable for:
any loss or damage arising out of failure to deliver, air, screen or publish on a timely basis or inadvertent omission from any issue of the publication;
any errors in telephone numbers, addresses, or any other key information in any advertisement;
interruption or delay experienced by the client or any third party in delivering copy to Compass;
any failure or delay affecting: delivery; production; publication; screening; airing; transmission of the Compass Media Sites, which results from any act, omission, interruption, fault or other condition beyond the reasonable control of Compass;
repetition of errors and it is the client’s responsibility to inform Compass Media of any errors and provide any necessary assistance to Compass Media to prevent a repeat of the error.
loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue or any other loss which happens as a side effect of the main loss suffered by the client or any loss which could not be contemplated by Compass Media.
Compass Media does not guarantee continuous, uninterrupted access by users of or visitors to the Compass Media Sites, radio stations, third party television stations or Regal Cinemas.
All services and Contracts are contingent upon acts of God, strikes, mechanical breakdowns or any other unforeseen interruptions to the production schedule. Acts of God such as hurricanes which occur after publication and initial distribution of the most current issue of the publication will not be reason to alter payment amounts contracted for that issue.
Compass Media’s maximum liability for any loss or damage arising out of or in relation to any service, whether in contract, tort or otherwise shall not exceed the amount paid by the client for the relevant service.
Design Credit
The client agrees to allow Compass Media to place a small credit on printed, online or onscreen material, in the form of a small logo or line of text, where required by Compass Media.
The client also agrees to allow Compass Media to place design work, along with a link to the client’s site where appropriate, on Compass’s website for demonstration purposes and to use any designs in its own publicity, brochures and portfolios. The client should contact [email protected] if it does not want the design work to be published.
Right to Refuse
Compass Media will not include in its design work any material which it considers, in its sole discretion, to be immoral, offensive, obscene or illegal. Compass Media reserves the right to refuse to include material without giving reason to the client.
It is the client’s responsibility to ensure that all advertising material conforms to all relevant standards applied by advertising standards authorities, laws or regulations and Compass Media shall have no responsibility or liability for any breaches in respect of materials it has produced for the client.
Privacy and Confidentiality
Please refer to the Compass Group’s privacy policy at(opens in a new tab) https://www.caymancompass.com/privacy-policy/(opens in a new tab) which applies to all clients.
It is the client’s responsibility to confirm to Compass Media if any information (that does not constitute personal data for the purposes of privacy laws) that it provides to Compass Media in the course of the project is confidential information and should be treated by the Compass Media as such. Compass Media shall comply with its obligations under relevant applicable laws in relation to confidentiality, but for the avoidance of doubt shall not be liable for the transmission of any information that was not expressly noted to be confidential information.
Terms of website use
The Compass Group’s terms of website use at https://www.caymancompass.com/terms-of-use/(opens in a new tab) apply to all users of Compass’ website. To the extent that there is any conflict, these terms shall apply.
Questions
Any questions relating to these terms or Compass Media’s services should be directed to [email protected].
Miscellaneous
Should any part of the terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Compass Media.
Additional Specific Product terms: Print & Design Services
This section of the terms sets out additional terms of business between the client, being an entity, individual or agency purchasing print or design services, and Compass Media, as printer and/or designer of the work (“project”) and should be read in conjunction with any other information provided by Compass Media to the client in relation to the project.
At the time of proposal, Compass Media will provide the client with a written estimate or quotation by email. A copy of the quotation is to be signed and dated by the client to indicate acceptance and should be returned to Compass Media. Acceptance of a quotation shall indicate that the client has agreed to these terms. All work is carried out by Compass Media on the understanding that the client has agreed to the terms.
For the avoidance of doubt, Compass Media shall have the right to charge additional sums for any additional services requested during the project that are over and above the estimated time or out of scope. Specifically, the client agrees that changes required over and above the estimated work, or in addition to the agreed scope, or where the client makes changes to the supplied copy or changes required to be carried out after acceptance of the draft design, will be liable to a separate charge.
Additional Specific Product terms: Advertising Services
This section of the terms sets out the terms of business between the client, being an entity, individual, or agency purchasing content, and Compass Media, as publisher of the advertisement content (the “Advertising Contract”) and should be read in conjunction with any other terms provided by Compass Media to the client, including the relevant Print Media Kit and any order for work.
These terms shall apply to all advertisements, including print advertisement in a Compass Media publication (“Publication”), online advertisements on a Compass Site, social media advertisement placement, email newsletter advertisements, advertisements screened at Regal Cinemas or on a third party television station, and radio advertisements aired on any Compass Media radio station (together “Advertisements”). By placing an order, the client accepts and agrees to be bound by these terms.
Fees for the Advertisement will be set out in the order form or a written estimate or quotation. Signing the order form shall constitute acceptance by the client of these terms and the Contract.
Compass Media may, without any responsibility to the client, reject, cancel or require any Advertisement to be amended that it considers unsuitable or adverse to these terms and remove, not print, suspend or update or change the position of any such Advertisement. Compass Media may refuse to publish, screen or air any Advertisement for any client who has not paid any sums due for any Advertisement. The client will remain responsible for all outstanding sums.
No Advertisement booking made with Compass Media that is reliant on a third party (including but not limited to cinema bookings) will be binding on Compass until the Advertisement has been approved by the third party.
Compass Media has the right to cancel any Advertising Contract, at any time before or after commencement of services, at its sole discretion.
In the event that Compass: (i) does not place, screen or air any Advertisement; (ii) shall discontinue a Compass Media Site, radio station or Publication; or (iii) shall cancel this Advertising Contract, or Regal or a third party television station is unable to screen the Advertisement, Compass Media will not be liable for any loss or damage caused directly or indirectly by such action or omission.
All copy and type arrangements of Advertisements are subject to the approval of Compass.
It is the responsibility of the client to submit all advertising materials to the publication on a timely basis according to the artwork deadline dates as detailed within the relevant Print Media Kit.
In the event that such materials are not forthcoming, Compass will have the right to create an advertisement for the client which will not be subject to the client’s pre-publication approval and invoice the client for related creative and production charges in addition to advertisement space charges.
The client authorises Compass Media, but Compass Media is not obliged, to destroy all photographs, artwork, soundwork, film etc, after a period of 30 days from publication if return of said media is not requested by the client.
All Advertisements shall remain the sole property of Compass Media and may not be used, reproduced or rebroadcast by anyone other than Compass Media without Compass Media’s express written consent.
Any Advertisement that, in the opinion of Compass Media, could be mistaken for editorial copy will be labelled “Advertorial” (or equivalent).
While Compass will make every effort to place Advertisements in positions requested by the clients, Compass Media is under no obligation to do so, except in cases where the client has paid a “premium” to reserve a preferred position.
Compass Media neither warrants nor represents that the Advertisement will be without errors. The Client expressly agrees that Compass Media will not be required to correct any error in the Advertising until the commencement of the next advertising period.
Compass Media shall use its reasonable endeavours to reproduce Advertisements as provided by the client but cannot guarantee that the Advertisement will be of the same quality.
It is the responsibility of the client to notify Compass Media in writing of any error in advertisements within seven days of delivery, airing, screening or publication.
If Compass Media publishes or screens an Advertisement containing an error or fails to publish or screen an Advertisement, in circumstances where Compass Media is at fault and payment has already been made to Compass Media, the client’s sole remedy shall be the credit of an amount that Compass Media in its sole discretion considers reasonable and in no circumstances exceeding the amount paid for the Advertisement.
Advertising rates are based on digital files being submitted to Compass Media in correct high-resolution format according to the Artwork Specifications page in the publication’s Media Kit. If additional services are necessary to prepare digital logos or files for high quality reproduction there will be an additional charge of CI$100 per hour.
The client will remain responsible for the entire Advertisement charge if the client cancels after the sales deadline as detailed in within the relevant Print Media Kit.
An additional fee of 25% of the full cost may be charged if the client provides artwork after the artwork deadline.
The client guarantees and warrants to Compass Media that:
All Advertisements shall fully comply with the Compass guidelines at (opens in a new tab)https://www.caymancompass.com/community-standards/(opens in a new tab);
any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
the Advertisement is legal, honest and truthful;
it has obtained the consent of any living person whose name or image or copyright (in whole or in part) is contained in any Advertisement;
the Advertisement is not libellous and does not infringe the rights of any person;
the Advertisement does not infringe any person or entity’s intellectual property rights;
the Advertisement is not prejudicial to the reputation of Compass Media or the Compass Media Sites or Publications, an associated third party television station or Regal;
the Advertisement is not contrary to the provisions of any applicable law, regulation or code of practice;
any Advertisement submitted for online publishing or screening is free of any viruses and will not cause an adverse effect on the operation of the Compass Media Sites or any cinema.
The publication of an Advertisement by Compass Media does not mean that it accepts the Advertisement has been provided in accordance with these terms or that it has waived any of its rights under these terms.
