CONDITIONS OF SALE
1. The forwarding of an order to Pride Media is construed as an acceptance of all the then-current rates and conditions under which advertising is sold. Rates and conditions are subject to change without notice.
2. A signed Pride Media contract or signed Pride Media order acknowledgment specifying the issue and cost of the ad being purchased is required for every insertion. Verbal agreements are not recognized. An order holds a rate for the space and issues it specifies. A new rate immediately applies to business not previously covered by a formal order specifying space to be used and the dates of insertion. Orders at current rates are acceptable for not more than six months after last issue closed. The publisher reserves the right to give better position than specified in the order at no increase in rate.
3. No cancellations will be accepted after the Space Close deadline date. All cancellations must be submitted in writing. Cover positions and premium placements are non-cancelable. Cover positions and inserts close 30 days prior to Space Close.
4. No conditions, printed or otherwise, appearing on an advertiser’s insertion order or copy instructions that conflict with the publisher’s policies will be binding on the publisher.
5. The benefit of time or space discounts are secured only by contracts signed in advance; otherwise, such discounts will not be allowed. The publisher reserves the right to void any contract (with no right of refund) unless the first insertion is used within three months from the date thereof. Contracts must be completed within one year from date of first insertion and no refund or offset of monies paid will be allowed. If the contract is canceled by the advertiser/agency, a short-rate billing will be due.
6. Publisher is not liable for delays in delivery and/or nondelivery in the event of an act of God, action by any governmental or quasi-governmental entity, fire, flood, insurrection, riot, acts of terrorism, 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.
7. All copy, text, and illustrations are subject to Pride Media’s approval, and Pride Media reserves the right in its sole judgment to reject or exclude copy which is unethical, misleading, extravagant, challenging, questionable in character, in bad taste, detrimental to public health or interest, otherwise inappropriate or incompatible with the character of publication, or that does not meet with the approval of the Federal Trade Commission, whether or not the same has already been accepted and/or published. In event of such cancellation or rejection by the publisher, the advertising already run shall be billed and paid for at the rate provided for in the order.
8. Orders and schedules are for the advertising of a specific product or line of products only, and these order schedules may not be diverted to other products or to subsidiary companies without the consent of the publisher.
9. When change of copy is not received by the Art Deadline date, copy run in previous issue will be inserted and Pride Media shall suffer no liability from such insertion.
10. The publisher reserves the right to limit the size of space to be occupied by an advertisement. The word “advertisement” or “advertorial” will be placed with copy that in the publisher’s opinion resembles editorial matter. The use of the same body type as the publication is not permitted.
11. All advertisements ordered set and not used will be charged for composition. The publisher reserves the right to make an additional charge for advertisements containing difficult composition.
12. Pride Media’s liability for any error will not exceed the cost of the space occupied by the error. Pride Media assumes no liability for errors in key numbers or if for any reason it becomes necessary to omit an advertisement.
13. All advertisements are accepted and published by Pride Media on the representation that the advertiser and the advertising agency are properly authorized to publish the entire contents and subject matter thereof. When advertisements containing the names, pictures, and/or testimonials of living persons are submitted for publication, the order or request for the publication thereof shall be deemed to be a representation by the advertiser and the advertising agency that they have obtained the written consent for the use in the advertisement of the name, picture, and/or testimonial of any and all living persons that are contained therein. The advertiser and/or advertising agency hereby grants to Pride Media a non-exclusive, worldwide, fully paid license to use, reproduce distribute, publicly display and publicly perform each advertisement (and the content, trademarks and brand features contained therein).
14. If an advertising agency is entering into this agreement on behalf of the advertiser, such advertising agency shall be jointly and severally responsible for all obligations and amounts owing hereunder. Each such advertising agency represents and warrants that it has full authority to act on the Advertiser’s behalf. EXCEPT AS EXPRESSLY SET FORTH HEREIN, PRIDE MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
15. The advertiser and the advertising agency each agrees to indemnify publisher and hold it harmless from and against any and all claims, liabilities, actions, suits, and proceedings for libel, violation of right of privacy, plagiarism, copyright infringement, and for any other matter arising out of or in any way connected with the advertisement, and all costs and expenses, including reasonable attorney fees and expenses incurred in investigating and defending against such claims, actions, suits, and proceedings. All actions, suits, and proceedings arising out of or in any way connected with this agreement or the advertisement shall be brought in courts located in Los Angeles County, California, which shall have exclusive jurisdiction of disputes arising under this agreement, provided that if suit is filed against Pride Media by a third party arising out of the advertisement or this agreement, Pride Media may seek indemnification or file suit against the advertiser and/or the advertising agency in the court in which such third-party suit is brought and advertiser and the advertising agency each consents to the personal jurisdiction of such court. Advertiser, advertising agency, and publisher each consents to the personal jurisdiction of the courts located in Los Angeles County, California, which are deemed to be a convenient forum and, except as set forth above, waives any right to have the suit tried in any other court. Should suit be filed or action commenced to enforce or interpret this agreement or to recover for breach thereof, the prevailing party in such action, suit, or proceeding shall be entitled to recover its reasonable attorney fees and other costs and expenses of or incurred in connection with such action, suit, or proceeding.