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By clicking the box, the Advertiser hereby acknowledges receipt of the terms and conditions of this Advertising Contract.
TERMS and CONDITIONS
1. These conditions will apply to all advertisements accepted for publication. No other proposed conditions shall be effective or binding unless specifically accepted by the Publisher in writing.
2. All advertisements are accepted subject to the Publishers approval of the copy and the space being available, and the Publisher reserves the right to refuse any advertisement without giving reason therefore.
3. If Advertiser intends to include an advertisement competition or special offer of merchandise other than that normally associated with the advertised product, full details must be submitted in writing by the advertiser at the time of booking. Fulfillment of any such competition or offer is the sole responsibility of Advertiser. Advertiser agrees to indemnify and hold harmless the Publisher with respect to any loss, damage, claim or expense (including reasonable attorneys' fees) incurred or resulting to the Publisher as a result of the publication of the competition or offer.
4. Should the Publisher decide to omit or suspend an advertisement as a result of the act or default of the Advertiser or his servants or agents, then the space reserved for the advertisement shall be paid for in full notwithstanding that the advertisement shall not have appeared. Any such omission or suspension shall be notified to the Advertiser as soon as possible.
5. If the Publisher considers it necessary to modify the space occupied by the advertisement or alter the date or position of insertion or make any other alteration, the Publisher will notify the Advertiser and the Advertiser will have the right to cancel the advertisement if the alterations proposed are unacceptable unless such changes are due to an emergency or circumstances beyond the Publishers control.
6. Although reasonable care shall be taken to avoid mistakes, the Publisher shall not be liable for any loss of claims, cost, damages, or any loss of expenses whatsoever resulting from or arising directly or indirectly out of any errors in printing, of late publication or failure to publish an advertisement provided that such delay or failure is caused by circumstances beyond the control of the Publisher including compliance on the part of the Publisher with any Government or statutory requirements, or by reason of any delay on the part of the Advertiser.
7. In no event will the Publisher ever be liable or responsible for any claims, cost, damages or any losses of expenses whatsoever resulting from the publication of any advertisement in a sum exceeding the price charged to the Advertiser for that particular advertisement.
8. The Advertiser warrants, by submitting the advertisement, that the advertisement does not contravene or otherwise violate any law or the provisions of any law, act, statute or constitution, and that the advertisement is not in any way obscene, defamatory, or an Infringement of any rights of any person or entity.
9. The Advertiser agrees that it shall indemnify and hold harmless the Publisher in full with respect to any loss, damage, claim or expense (including reasonable attorneys' fees) incurred or resulting to the Publisher as a result of the publication of the advertisement. The Publisher shall determine the way in which such claims are to be defended.
10. Advertisement rates are subject to revision at any time for any reason at the sole discretion of the Publisher, and orders are accepted on the express condition that the price agreed binds that Publisher only with respect to that order.
11. If the Advertiser cancels the balance of a contract except in the circumstances set out in clause 5, the Advertiser shall be deemed to have voluntarily waived any right to any discount to which the Advertiser may have been previously entitled, and an appropriate surcharge shall be made for all of the advertisements published.
12. The Advertiser is responsible for supplying any artwork and production materials required by the Publisher. If this material is not supplied to Publisher by three days before publication date. Publisher may, at its discretion, choose to cancel the contract and return Advertiser’s payment or to delay publication of the advertisement according to the terms of clause 4.
13. If the Advertiser delivers new or edited artwork or production materials after publication, Publisher shall have 10 days to replace the original material with the edited material. Publisher will make every effort to replace the material quickly.
14. If copy instructions are not received by the copy date designated by the Publisher, no guarantee can be given that proofs shall be supplied or corrections made, and the Publisher shall have the sole discretion and right, without any obligation whatsoever to the Advertiser, to use or repeat the most appropriate copy previously submitted.
15. All artwork and copy shall be provided to Publisher in electronic format ready for electronic publication. Advertiser shall be responsible for maintaining copies of their own material. Publisher shall have no liability with respect thereto and the Publisher reserves the right to destroy all artwork which has been In the Publishers custody or control for more than three months from the date of its publication.
16. These conditions and all other terms of the agreement between the Publisher and the Advertiser (if any) shall be governed and construed in accordance with the laws of the State of Minnesota in the United States of America, and the State of Minnesota shall have non-exclusive jurisdiction in connection herewith.