1. Advertising Order
Within the following Terms and Conditions, “Advertising Order” shall mean the order (on The 1 Dollar Art Club website by an advertiser or advertising agent (hereafter “Client”) to place an advertisement or several advertisements via on-line media for the purpose of promoting the Client’s business or services.
These Terms and Conditions apply to all of the Client’s future Advertising Orders.
The Advertisement submitted by the client for loading must comply with our terms as laid out forthwith. The client will be fully responsible for the image being submitted and have FULL copyright of the image or artwork image BEFORE requesting to load onto The 1 Dollar Art Club website.
The links that the client’s image or Art work links to, will be the FULL responsibility of the client, ensuring the link is live and correct. The image, Art work and URL link must comply with our term & conditions.
Images or Art work
You agree as a member of the The 1 Dollar Art Club not to display images or link your art image to:
- Pornographic material or websites
- Pornographic photos of adults or children
- Any racists material or ads that contain racists remarks
- Advertisements that contain ANY form of cruelty to humans or animals
3. Formation of contract
Subject to individual provisions to the contrary, a contract is formed on these Terms and Conditions by confirmation of the Advertising Order as submitted by the client (yourself) via our online order form on our
4. Ad duration term
The Ad duration term will be for 12 months from date of entry
Advertisements will be inserted as manually or electronically. If, due to the design of the advertisement or incorrect size or dimensions we except no responsibility for the delay in loading the advertisement. All ads must be supplied in the correct format, namely Jpeg or PNG
6. Delivery of data
- The Client is obliged to ensure the correct format and technical standards are met to ensure a smooth insertion of the advertisement using our online order form.
- The Client must ensure the correct size art image is supplied to match the size of the ad booked.
- The Client will be notified as soon as possible and informed via email if the supplied art work is not suitable or of the wrong format.
7. Right of refusal
- The 1DollarArt Club reserves the right to refuse or to block any advertisements or parts thereof if The 1DollarArt Club is of the opinion that their content is in violation of law or official regulations, these Terms and Conditions or if by virtue of their content, origin or technical form are unacceptable for The 1DollarArt Club.
- In particular, The1DollarArt Club can block an advertisement which has already been published if the Client subsequently alters the content or the data to which a link refers. In the event of one of the above-mentioned cases occurring, The1DollarArt Club will immediately inform the Client and will not publish or alternatively will block the advertisement.
- In the event of The1DollarArt Club blocking an advertisement, it will inform the Client of such blocking as soon as possible. In the cases described The1DollarArt Club shall have no liability to the Client, the Client has no rights of redress against The1DollarArt Club, and in particular no rights to claims for damages.
The 1DollarArt Club offers no refund on any advertisements placed.
9. The 1DollarArt Club duties concerning the website
- To ensure the server is operating with little interruption to service, ensuring that the coding is bug free and server updates are carried out in a timely efficient manner.
- To carry out any updates, modifications to the websites to evolve, develop to remain competitive.
- To ensure that all advertising material is loaded within a 24hr period.
10. Data privacy protection
The Advertising Order is to be carried out with due regard to the ruling data privacy protection rights regulations. In particular, the Client shall comply at all times with the Data Protection Act 1998 and warrants that it shall obtain all necessary consents to enable Sift Media to process any personal data that it delivers to The 1DollarArt Club for the purposes of an Advertising Order. The Client shall indemnify The 1DollarArt Club against all actions, claims and proceedings from time to time made against The 1DollarArt Club and all loss or damage and all payments,costs (including legal costs) or expenses made or incurred by The 1DollarArt Club as a result of the Client being in breach of this clause.
11. Faulty delivery
In the event of an Advertising Order not being completed for reasons for which The 1DollarArt Club is not responsible, in particular force majeure, the Advertising Order will, if possible, be completed later.If the Advertising Order is completed later and within a reasonable, acceptable period
12. The 1DollarArt Club warranty
- Within the framework of customary technical standards and subject to the exceptions detailed below, The 1DollarArt Club warrants the best possible reproduction of the advertisement. The Client however is aware that the current state of art makes it impossible to produce an entirely faultless programme. The warranty does not cover insignificant faults in the reproduction of the advertisement. Furthermore, the warranty does not apply to faults caused by technical disruptions, in particular a power and/or computer breakdown resulting from a systems failure; or the use of unsuitable presentation soft- and/or hardware (e.g. browser); or a disruption in the communications network of other operators; or incomplete and/or out-of-date offers on so-called “proxies” (buffer stores); or a breakdown of the ad-server, which continues for no longer than 24 hours (continuous or in the aggregate).In the event of the ad-server breaking down for a substantial period (more than 10 per cent of the time booked) and within the framework of a specific time scale booking, the Client shall not be liable for payment during such breakdown period.
- The 1DollarArt Club shall not be liable to the Client for defects in the advertising or the areas to which the advertising links which are not the fault of The 1DollarArt Club (for example, a website to which advertising links is not available). In addition, The 1DollarArt Club shall not be liable for any perceived ineffectiveness of the advertising campaign where there are such defects. Immediately following the initial transmission, the Client is obliged to check the advertising ordered and to make known any possible defect which may have emerged and to make this known in writing to The 1DollarArt Club without delay, at the latest however within two weeks of initial transmission.
- To the extent that no defects are made known to The 1DollarArt Club within this time period, The 1DollarArt Club shall have not liability to the Client for such defects or their effect on the advertising campaign as a whole. In the event of any defect which is the fault of The 1DollarArt Club having been indicated punctually by the Client in the manner described above, The 1DollarArt Club liability shall be limited to rectification of the defect. Should the rectification be unsuccessful, the Client will be entitled to a refund of monies already paid.
13. Client undertaking
- The Client undertakes that in relation to all advertisements or content to which they link it owns all legal rights in or has a legally binding licence to use all such content, that the use or inclusion of such content shall not infringe or violate the legal rights of third parties (in particular any intellectual property rights) or other laws or regulations and that the advertisements or content to which they link shall not contain anything which is morally offensive (see Clause 2.b), defamatory or libellous. The Client shall indemnify The 1DollarArt Club against all actions, claims and proceedings from time to time made against The 1DollarArt Club and all loss or damage and all payments, costs (including legal costs) or expenses made or incurred by Sift Media as a result of the Client being in breach of this clause.
- The Client is bound in good faith to support The 1DollarArt Club with information and materials in The 1DollarArt Club legal defence against third parties.
- In the event of commencement of legal proceedings by authorities or criminal proceedings against The 1DollarArt Club.
- The Client grants to The 1DollarArt Club as is necessary both in time and content for completion of the Advertising Order, a licence for all necessary rights of use, performance rights and other rights of copyright for use of the advertisement or content to which advertisements link in all types of online media, in particular the right to duplicate, publish, convey, transmit, extract and call-off from a database. In all cases, the aforementioned rights are granted without geographical limitation and authorise ransmission using all known technical methods, as well as all known types of online media.
- The 1DollarArt Club shall not be liable for the following loss or damage, whether indirect, howsoever caused and whether or not foreseeable by the parties: economic loss including administrative and overhead costs, loss of profits, business, contracts, revenues, goodwill, production and anticipated savings of every description.
- Subject to liabilities it cannot legally exclude or limit, The 1DollarArt Club total liability under an Advertisement Order, whether arising out of breach of contract, negligence or breach of statue, shall not exceed the total fees due to The 1DollarArt Club under the relevant Advertisement Order.
If any provision (or part of a provision) of these Terms and Conditions or an Advertising Order is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
16. Entire Agreement
These Terms and Conditions, the Advertising Order and any documents referred to constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
17. Governing Law and Jurisdiction
These Terms and Conditions and the Advertising Orders and any disputes or claims arising out of or in connection with their subject matter are governed by and construed in accordance with the law of England. The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and Conditions and the Adver