TERMS & CONDITIONS:
By checking the "I agree to the Terms and Condition" box on the registration page, you agree to the following Agreement:
1. You are authorized to represent the business (Advertiser) that you registered for the promotional advertising campaign on the registration page.
2. All advertising is subject to Publisher’s approval.
3. Advertiser shall pay for advertising services in advance, unless Publisher has extended credit terms upon Publisher’s approval of a completed credit application by Advertiser. After
credit has been established, all invoices are due and payable upon terms granted by Publisher. Publisher’s credit terms are subject to modification by Publisher upon notice.
4. Publisher shall not be responsible for typographical errors. However, in its sole discretion, Publisher may reduce the charge for such portion of an advertisement as may have been
rendered incorrect. No responsibility is assumed for more than one incorrect insertion of any advertisement.
5. Ads published in the Creative Loafing print product or on the web site will be assumed correct and payable in full. Any objections made by Advertiser must be resolved with Creative
Loafing (see paragraph 4 above) within 21 days from the invoice date at which time credit, if any, will be issued to the Advertiser’s account. Advertiser agrees to
pay all costs, including attorney or collection agency fees, associated with the enforcement of this Agreement. An interest charge of 1.5% monthly may be added to accounts
not paid within terms. Advertiser agrees to pay a $35 service charge for each check returned to Advertiser’s bank.
6. Publisher reserves the right to change the advertising rates reflected in this Agreement at any time upon notice to the Advertiser. If Publisher increases advertising rates during the
term of this agreement, Advertiser has the right to cancel this agreement in writing without penalty within 5 days of effective date of rate adjustment.
7. No advertisement designed by Publisher may be reproduced in whole or in part without written permission from the Publisher and payment of a $250 copyright fee.
8. Advertiser will defend and indemnify Publisher against liability, loss or expense from claims for libel, defamation, unfair competition, trademark or copyright infringement, privacy rights violations, and other claims against Publisher arising from or related to publication of advertising hereunder.
9. The warranties, indemnification obligations, limitations of liability and ownership rights set forth in this Agreement will survive the termination of expiration of this Agreement. Should
any provision of this Agreement be deemed unenforceable, such provision will be restated, in accordance with applicable law, to match most closely the intentions of the
parties, and the remainder of this Agreement will remain in full force and effect. This Agreement constitutes the entire agreement between the parties pertaining to the subject
matter hereof and supersedes all prior agreements relating to such subject matter. This Agreement may not be amended except in writing signed by the parties
10. Advertiser may not assign or transfer or resell any of its rights under this Agreement.
ONLINE SPECIFIC:
11. Advertiser grants to Publisher a license to display Advertiser’s advertising materials, including logos, trademarks and service marks, in connection with the advertising services
provided for in this Agreement, on the websites, and to modify, copy, reformat, transmit and otherwise manipulate such advertising materials in connection with such display.
Advertiser represents and warrants to Publisher that the use in its advertising of any trademarks or service marks of any third person has been authorized by all necessary
actions of the owners of such trademarks or service marks.
12. Publisher will specify location for said advertising at their discretion unless noted on the advertising agreement/insertion order. Publisher reserves the right to reject, edit or cancel
any advertising or position commitment at any time.
13. Publisher will not be responsible for any material that is not properly displayed or that cannot be accessed or viewed because the material was not received by Publisher in the
proper form, in a timely manner, or in an acceptable technical quality for display.
14. Campaign can be cancelled without penalty if Advertiser provides written notification to Publisher seven days prior to the serving of the first impression. If a campaign has already
begun and then cancelled, the advertiser will be responsible for the cost of impressions planned for seven days after the cancellation along with the impressions that have
been delivered. Advertiser will be billed for all costs incurred in terms of production, writing and any media created or run.
15. Tracking for campaigns and delivered impressions is measured by Publisher’s ad server and is provided to the advertiser only as a courtesy. Publisher is not liable for any claims
relating to said statistics.
16. IN NO EVENT SHALL PUBLISHER OR ANY OF ITS AFFILIATES BE LIABLE TO ADVERTISER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL
DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS AND BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO THIS AGREEMENT FOR ANY CAUSES OF
ACTION OF ANY KIND (INCLUDING WITHOUT LIMITATION TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND BREACH OF WARRANTY), EVEN IF PUBLISHER IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, PUBLISHER SHALL NOT BE LIABLE FOR PUNITIVE DAMAGES FOR ANY REASON, REGARDLESS OF WHETHER SUCH
LIABILITY ARISES FROM BREACH OF CONTRACT, TORT, INDEMNITY OR ANY OTHER THEORY OF LIABILITY.
17. Excluding payment obligations, neither party will be liable for delay or default in the performance of its obligations under this Agreement if such delay or default is caused by
conditions beyond its reasonable control, including but not limited to, fire, flood, accident, earthquakes, telecommunications line failures, electrical outages, network failures,
acts of God, or labor disputes. In the event that Publisher suffers such a delay or default, Publisher shall make reasonable efforts within five business days to recommend a
substitute transmission for the ad or time period for the transmission. If no such substitute time period or makegood is reasonably acceptable to Advertiser, Publisher shall
allow Advertiser a pro rata reduction in the space, time and/or program charges hereunder in the amount of money assigned to the space, time and/or program charges at time
of purchase, and such pro rata reduction shall be Advertiser’s sole and exclusive remedy.