Contract and Copy Regulations

Contract and Copy Regulations

Advertisers and advertising agencies assume liability for content (including text, representation, illustrations, sketches, maps, labels, trademarks or other copyrighted matter) of advertisement printed, and also assume responsibility for any claims arising therefrom made against the publisher.  Advertising is accepted at the discretion of the publisher.  The publisher reserves the right to reject any advertising which is not in keeping with the publication’s standards.  All advertisements are accepted for print & website(s) entirely on the representation that the agency and/or advertiser are properly authorized to publish the entire contents and subject matter thereof.  It is understood that, in consideration of the posting of advertising, the advertiser and /or agency will fully hold harmless and indemnify the publisher from and against any claims, demands, suits, actions, proceedings, recoveries or expenses of any nature whatsoever, including reasonable fees of counsel selected by the publisher, arising directly or indirectly from the posting of any advertisement (including but not limited to claims of libel or invasion of privacy) or based upon or arising out of any matter or things contained in the advertisement.

All ad copy materials, including digital media, color separations, and the like, which are the property of the advertiser, shall be claimed and removed by the advertiser no later than 30 days following the date of last ad publication.  Unclaimed materials shall thereafter become the property of the Publisher and may be retained or destroyed at its sole discretion.  Original digital media, photographs, negatives, transparencies, and artwork shall be provided by the advertiser at its sole and complete risk, and the Publisher shall not be responsible for any such provided material that may become lost, damaged, or destroyed while in its possession.  The advertiser is advised to retain original copies or duplicates of any such material for safekeeping.

The content of all ads incorporating data provided by a third party is not subject to the advertiser’s prior approval but no warranty is given by the publisher with relation to the accuracy of such advertisements.  The publisher does not undertake to review the contents of any advertisements and any such review of, and approval by, the publisher shall not be deemed to constitute an acceptance by the publisher that such advertisement is provided in accordance with the terms of the Agreement, nor shall it constitute a waiver of the publisher’s rights hereunder.  The publisher makes no warranty, express or implied, as to the accuracy of any advert.  In the event that any advert is inaccurate, the advertiser’s sole remedy is for the publisher to remedy such inaccuracy within 2 working days of it being notified of the inaccuracy by the advertiser.  Publisher will not be bound by any conditions, printed or otherwise, appearing on any order blank, insertion order or contract, when they conflict with these terms and conditions or any amendment hereto.

 

Payments shall be made at time of ordering.  Neither the advertiser nor its agency may cancel advertising after the issue closing date. Once the profile or advertisement is “live” on the Website there are no refunds. The publisher offers no cash discounts. The publisher may need to adjust rates from time to time without notice.

 

Verbal agreements are not recognized.  All advertising insertions contracts must be in writing.

 

Contractual information:

  • Signed Insertion orders must be delivered at least six business days prior to the start of an insertion term
  • Banner adverts must be delivered at least seven business days prior to the start of an insertion term
  • All other advertising copy and material must be delivered at least six business days prior to the start of an insertion term
  • All advertising requires a signed sales order and insertion order

 

All contents of advertisements are subject to the Publisher’s approval.  The Publisher reserves the right to reject or cancel any advertisement, insertion order, space reservation, or positions commitment at any time.  The publisher reserves the right to reject advertising which he/she feels is not in keeping with the publication’s standard.

 

Positioning of advertisements is at the sole discretion of the publisher except where a request for a specific preferred position is acknowledged by the publisher in writing.  Material must be received by the agreed date, otherwise, position may be lost, reduced or, in the case of directory listings or fixed position advertisements, the insertion term may be reduced.

 

Navin Media Group exercises reasonable care and diligence to prevent an error or omission in each advertisement.  Navin Media Group requests digital files for all advertisements.  Film negatives and camera-ready art are accepted at an additional production charge.  Other than as expressly set forth herein, Navin Media Group extends no warranties, assurances with respect to any ad placed and shall not be liable for any incidental or consequential damages with respect to any advertiser or other third party claim.  Advertiser’s sole remedy in the event of any failure of any kind on the part of Navin Media Group shall be limited to a refund or credit with respect to the cost of the first ad insertion, limited to the cost of that portion of the ad wherein the error occurred.

 

The publisher, while taking all care, assumes no responsibility for the inaccurate reproduction of digitally submitted advertisements resulting from improper file preparation, including but not limited to artwork, graphics, color, and type.

The publisher may create an advertisement on behalf of the advertiser if material is not received by the agreed deadline.

 

The advertiser must notify the publisher as soon as is reasonable by either email or fax of any inaccuracy of changes that need to be made.

 

Conditions other than rates are subject to change by the Publisher without notice.

 

The publisher assumes no liability if for any reason it becomes necessary to omit an advertisement.  Publisher is not liable for delays in delivery and/or non-delivery in the event of an Act of God, action by any governmental or quasi-governmental entity, fire, flood insurrection, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown, or any condition beyond the control of publisher affecting production or delivery in any manner.

 

Any deliberate attempt to simulate a publication’s format is not permitted, and the publisher reserves the right to place the word “advertisement” with copy which in the publisher’s opinion resembles editorial matter.

 

In the event of non-payment or another breach, the advertiser and/or its advertising agency shall be jointly and severally liable for reasonable collection costs, including court costs and attorneys’ fees.  If it becomes necessary to file suit to collect any amounts owed hereunder, the jurisdictional site shall be Arizona.

 

The Advertiser warrants and represents to the publisher that:

  1. it has the right to publish the contents of the advertisement, without infringement of any rights of any third party including, without limitation, intellectual property rights;
  2. it has complied with the coded of practice issued by the Advertising Standards Authority in respect of electronic and online advertising and all other relevant industry codes of practice;
  3. it will be fully responsible for the terms (including, without limitation, product description, price, and compliance with all applicable laws and regulations) of any contract for the sale of goods or services to customers who have seen the advert displayed by the publisher.

 

The advertiser agrees to indemnify the publisher forthwith on demand and hold the publisher harmless against any and all expenses, damages and losses of any kind (including reasonable legal fees and costs) incurred by the publisher in connection with any claims, actual or threatened, of any kind (including, without limitation, breach of contract, any claim of trademark or copyright infringement, libel, defamation, breach of confidentiality, false or misleading advertising or sales practices) arising from the advertisement and/or any material of the advertiser to which users can link through the advertisement and any other contract entered into for the purchase of the advertised goods or services.

 

The advertiser will defend or settle at its own expense any action or other proceedings brought against the publisher that relates to the advertisement and/or material of the advertiser to which users can link through the advertisement.  The publisher shall notify the advertiser promptly of any such claim and shall permit the advertiser to assume and control the defense of such action with Counsel chosen by the advertiser (who shall be reasonably acceptable to the publisher)and shall not enter into any settlement or compromise of any such claim without the advertiser’s prior written consent.  The advertiser shall pay any and all proper costs, damages and expenses (including but not limited to reasonable legal fees and costs) awarded against or incurred by the publisher in any such action or proceedings.

 

The publisher reserves the right to re-design parts of or the entire website as detailed in the insertion order and to re-position advertising and sponsorship accordingly without prior notice.  The publisher reserves the right to limit the size of space to be occupied by an advertisement.

 

The practice of deep linking may be necessary, thus enabling visitors to by-pass home page to visit specific areas of your website directly.

 

Optimized web pages containing your company name and information may be submitted to search engines at the expense of the publisher.

 

Nothing in these terms and conditions shall be construed as creating a partnership or joint venture of any kind between the parties or as constituting either party as the agent of the other party for any purpose whatsoever and neither party shall have the authority or power to bind the other party or contract in the name of or create a liability against the other in any way or for any purpose.

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