Ads Terms and Conditions
The following terms, in conjunction with the information on the online booking form from which these terms are made available, shall be considered the Insertion Order (“IO”) for your advertising campaign with Pocket Casts (Automattic Inc.):
- Your business location determines with which Automattic entity you will be contracting. If your primary place of business is in Australia, Canada, Japan, Mexico, New Zealand, Russia, or any country located in Europe, your IO is with Aut O’Mattic A8C Ireland Ltd.; otherwise it is with Automattic Inc.
- If you reside in the Designated Countries:
- This IO is governed by the 4A’s/IAB Standard Terms and Conditions (3.0) for Internet Advertising for Media Buys One Year or Less (located at https://www.iab.com/wp-content/uploads/2015/06/IAB_4As-tsandcs-FINAL.pdf) (“IAB Terms”), except as modifed below:
- “Media Company Properties” means websites, apps and other online properties applicable to this IO that are owned, operated, or controlled by Automattic Inc. (“Media Company” or “Automattic”).
- The blanks in Section XIV are filled in with “California” and “the County of San Francisco,” in that order.
- NEITHER PARTY’S TOTAL AGGREGATE LIABILITY WILL EXCEED FOR NON-INDEMNITY LIABILITY, THE GREATER OF $100,000 OR THE AMOUNTS PAYABLE TO MEDIA COMPANY UNDER THE IO FOR THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM.
- Payment will be made for placement of creatives and will not be subject to actual collection of revenues, Taxes, refunds, chargebacks, bad debt, fees, or clawbacks. Payment shall be made in advance via the method made available by Automattic.
- Automattic may charge any present or future local, state, federal or foreign taxes, levies, fees or duties of any nature (“Taxes”) in addition to the amounts due under this IO. Except for any Tax that Automattic has charged to you (and that you have actually paid to Automattic), You are responsible for remitting to the appropriate authority all Taxes based on or arising from this IO other than Taxes based on Automattic’s net income.
- Automattic may terminate this IO at any time for any reason upon 48 hours’ prior written notice (email sufficient). This IO is non-cancellable by you after the booking is approved by Automattic.
- You represent and warrant that Advertising Materials will comply with applicable laws, rules and regulatory requirements, are not deceptive, false, or misleading, and will not infringe on any intellectual-property or other right of a third party.
- You agree that Automattic will have the right to use Advertising Materials or campaign results pursuant to this IO in a portfolio of Automattic’s projects designed to market Automattic’s services to third parties.
- The parties will keep confidential this IO and the relationship and information exchanged between them.
- Where there is any conflict between this IO and IAB Terms, this IO will control.
- Except with respect to Section 5 of this IO, any changes to this IO must be in writing and signed by both parties.