Terms and Conditions
TERMS AND CONDITIONS
The following are general terms and conditions governing advertising in the U.S. print and digital editions of magazines published by WEB Media Group and its affiliates (collectively referred to herein as the “Publisher”).
The Publisher reserves the right to reject any advertisement. Positioning of advertisements is at the discretion of the Publisher.
IMPORTANT GENERAL INFORMATION: All copy is subject to the Publisher’s approval and acceptance. If the publisher deems any copy to resemble editorial matter, the word “advertisement” may be printed on the page.
Editorial offers to an advertiser written or contracted by the Publisher are only subject to the Publisher’s approval.
All advertisements are published for the benefit of the applicable Agency and the Advertiser, and each is jointly and separately liable for all charges.
Advertisers and agencies are solely responsible and assume total liability for all contents of their advertisements. If the Advertiser fails to timely furnish to Publisher the text, artwork, images, and/or other materials to be included in the ad, or if the publication will be printed (as such date is set out in a written notice to be sent by Publisher to Advertiser), Advertiser shall still have the obligation to pay the Net Contract Total as set out herein. Publisher shall reserve the right to impose rush fees, replace the insertion with a suitable format, or elect not to include the ad in the publication.
Advertiser grants Publisher the right and license to use, reproduce, transmit, and distribute all creative materials supplied by or on behalf of Advertiser, including, without limitation, all text, graphics, illustrations, and photographs (the “Creative”).
Advertiser represents and warrants that (i) it has all the necessary rights in the Creative; (ii) Creative does not violate any applicable law or regulation; and (ii) the Creative does not violate or infringe upon any third party right in any manner or contain any material or information that is defamatory, libelous, slanderous, that violates any person’s right of publicity, privacy or personality or may otherwise result in any tort, injury, damage or harm to any person.
Restriction on Use and Reproduction of Publisher-Created Artwork:
The Advertiser agrees that any artwork, designs, illustrations, or other visual materials created or commissioned by the Publisher in connection with the publication of the Work shall remain the sole property of NVL. The Advertiser shall not use, reproduce, distribute, modify, or otherwise exploit the Publisher-Created Artwork, in whole or in part, in any format or medium, without the prior written consent from the Publisher. This prohibition applies to all forms of reproduction, including but not limited to digital, print, or derivative works. Any unauthorized use of Publisher-Created Artwork shall constitute a breach of this Agreement and may result in legal action.
Advertiser acknowledges that Publisher is relying on the preceding representations and warranties. Advertiser agrees to indemnify, defend, and hold Publisher and its affiliates and their respective officers, directors, and employees harmless from and against any expenses and losses of any kind (including reasonable attorney’s fees and costs) incurred based upon a breach of any of the preceding representations and warranties or in connection with any claim arising from or related to any advertisement supplied by Advertiser or its agents and run by Publisher.
No conditions, oral or printed in the contract, order, copy instructions, or elsewhere, which conflict with the Publisher’s policies as outlined in the rate card will be binding on the Publisher.
This Agreement shall be governed by the State of Texas, Travis County laws.
In the event of a dispute arising from this Agreement, both parties agree to attempt to resolve the issue through mediation in Travis County, Texas. If mediation fails, the dispute shall be resolved through binding arbitration by the rules of the American Arbitration Association. Any legal proceedings shall occur in Travis County, Texas.
TERMS: Invoices are due and payable upon receipt. A finance charge of 1.5% per month (an annual percentage rate of 18%) will be added to any outstanding balance over 60 days. If the Advertiser’s account is placed for collection, the Advertiser and agency agree to pay the Publisher for all reasonable collection costs and attorney’s fees. Due to the nature of our publication, this contract is non-cancelable under any circumstances.