ADVERTISING TERMS & CONDITIONS
2020-2021 DESIGNING LIGHTING ADVERTISING TERMS AND CONDITIONS
The following are certain terms and conditions governing all entities that place advertising (“Advertiser”), either directly or through an agent (“Agency”) published by designing lighting (“Publisher”) in the digital magazine publication(the “Magazine”). These terms and conditions may be revised by Publisher from time to time and are effective with the August 2020 issue date of the Magazine. Submission of insertion order for placement of advertising in the Magazine constitutes acceptance of these terms and conditions. No terms or conditions in any insertion orders, instructions or documents that conflict with or alter these terms and conditions will be binding on Publisher, unless authorized in writing by a senior executive of Publisher. Advertiser understands that although the intended audience of the Magazine is primarily in North America, the Magazine may be accessible and/or have incidental physical distribution throughout the world. For the latest and complete version of these terms and conditions, go to designinglighting.com.
I. Publisher’s Right To Reject, Cancel or Terminate Orders
- All advertising is subject to approval.
- Publisher reserves the right at its discretion, and at any time, to cancel any advertising order or reject or remove any advertising copy, whether or not the same has already been acknowledged, accepted and/or previously published.
- Publisher reserves the right to remove from selected editions containing matter that its audience have deemed unacceptable.
- In the event of such cancellation, rejection or removal by Publisher, advertising already run and to be run shall be paid for at the rate that would apply if the entire order were published.
II. Fees and Payments
- Payment acceptable in U.S. currency only.
- All invoices will be issued upon acceptance of signed insertion order and are due upon receipt.
- Agency and advertiser are jointly and severally liable for the payment of all invoices arising from placement of advertising in the Magazine and for all costs of collection of late payment.
- If an account is placed with a collection agency or attorney for collection, all discounts will be rescinded or become null and void and the full advertising rate shall apply.
III. Advertiser’s Failure to Run Advertising
- All packages require that the specified number of advertisements be published within a specified period and be promptly paid for.
- In the event of Advertiser’s or its Agency’s cancellation of any portion of any advertising package or failure to have published and paid for the specified number of advertisements, any rate discount will be retroactively nullified, and Advertiser will pay for advertising at the full advertising rate.
- If Publisher determines that Advertiser is not likely to publish and pay for the total amount of advertising specified during the term of the agreement, the discounted will be retroactively nullified and Advertiser will pay for advertising at the open rate.
- Advertising credits (for any discounted package adjustments for advertising run in excess of specified schedule) will only be earned if all advertising is paid for by the due date.
- Advertising credits must be used by the Advertiser within six months after the end of the period in which they were earned, otherwise, such unused advertising credits shall expire and Publisher shall not have any further obligation to Advertiser and/or Agency with respect thereto.
IV. Restrictions on Advertiser’s Ability to Cancel Advertising Orders
- Orders for inside or outside cover pages for the Magazine are non-cancelable less than 45 days prior to closing date.
- Orders for all inside advertising units for the Magazines are non-cancelable less than 30 days prior to closing date.
- Orders for all Publisher-produced advertising for the Magazine are non-cancelable. In any event, Advertiser will be responsible for the cost of any work performed on behalf of Advertiser, including the cost of services.
V. Position of Advertising
- Advertiser may request restrictions or specifying positions, facings, editorial adjacencies or other requirements but such restrictions or specifications are at Publisher’s sole discretion in final publication.
- Any approved restrictions or specifications does not apply to user-generated content on Publisher’s Websites, Apps and/or Emails.
VI. Advertising Labels
- All advertisements will be clearly identified and labeled “SPONSORED CONTENT” or “ADVERTISEMENT” or “ADVERTISING”.
- Publisher reserves the right to label such material and/or otherwise distinguish the style and/or presentation of such material.
VII. Publisher’s Liability
- Publisher is not liable for any failure or delay in publishing in the Magazine any advertisement submitted to it.
- In the event of Publisher’s errors in or omissions of any advertisement(s), Publisher’s liability shall be limited to a credit of the amount paid attributable to the space of the error/omission.
- Publisher will have no liability for errors or omissions caused by or arising from, an act of God, accident, fire, strike, terrorism or other occurrence beyond Publisher’s control.
- PUBLISHER WILL NOT BE LIABLE FOR ANY CREATIVE OR ADMINISTRATIVE COSTS OR PRODUCTION COSTS RELATED TO ADVERTISING AFFECTED BY THE ERRORS. FURTHERMORE, PUBLISHER WILL NOT BE HELD LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND/OR INFORMATION.
- The Advertiser and/or Agency jointly and severally represent and warrant that each advertisement submitted by it for publication in the Magazine including, but not limited to, those for which Publisher has provided creative services, contains no copy, illustrations, photographs, text or other content or subject matter that violate any law or infringe on any right of any party.
- The Advertiser and/or Agency jointly and severally agree to indemnify and hold harmless the Publisher, its officers, or employees against any and all claims and/or expenses resulting from
- claims of invasion of privacy, violation of rights of privacy or publicity, trademark infringement, copyright infringement, libel, misrepresentation, false advertising, or any other claims against Publisher (collectively, “Claims”), or (
- the failure of such advertisement to be in compliance and conformity with any and all laws, orders, ordinances and statutes of the United States or any of the states or subdivisions thereof.
- Publisher bears no responsibility or liability with respect to Advertiser’s or Agency’s failure to obtain any rights, consents or releases.
- In the event the Publisher conducts a contest connection with advertisements placed in the Magazine, Agency and Advertiser jointly and severally represent and warrant that any materials, products (including, but not limited to, prizes) or services provided by or on behalf of Agency or Advertiser will not result in any claim against Publisher. As part of the consideration and to induce Publisher to provide such services, agency and advertiser jointly and severally shall indemnify and hold harmless Publisher from and against any Losses arising from such materials, products or services, including, but not limited to, those arising from any Claims.
- Publisher’s acceptance of an advertisement for publication in the Magazine does not constitute an endorsement of the product or service advertised.
- No Advertiser or Agency may use the Magazine’s name or logo in any manner without Publisher’s prior written permission for each such use.
- All pricing information shall be the confidential information of Publisher, and neither Agency nor Advertiser may disclose any such information without obtaining Publisher’s prior written consent.
- This agreement shall be governed by and construed in accordance with the laws of the State of Tennessee without regard to conflicts with laws or provisions. Any civil action or proceeding arising out of or related to this agreement shall be brought in the courts of record of the State of Tennessee in Williamson County or the U.S. District Court for the Middle District of Tennessee. Each Advertiser and its Agency consents to the jurisdiction of such courts and waives any objection to the laying of venue of any such civil action or proceeding in such courts.