The following are certain general
terms and conditions governing advertising placed on the STLWeddings.NET
Website on the World Wide Web of the Internet (the "Web").
Announcement of any change
in rates will be made on a date in advance of the date by which
such rates will be applicable. No minimum number of impressions
is guaranteed on the Website.
Advertisers may not cancel
orders for, or make changes in, advertising once such advertising
has been submitted and paid for to STL Weddings.
The Publisher is not responsible
for errors or omissions in any advertising materials provided
by the advertiser or its agency (including errors in key numbers)
or for changes made after initial publication.
The Publisher may reject or
cancel any advertising for any reason at any time without refund.
Advertisements simulating the Website's editorial material in
appearance or style or that are not immediately identifiable as
advertisements are not acceptable. The Website reserves the right
to reject or cancel any advertising and/or linkage to an advertiser's
Website for any reason at any time, including, without limitation,
as a result of linkages to other Websites included in the advertiser's
Website.
All advertisements are accepted
and made available on the Website upon the representation by the
agency and advertiser that they are authorized to publish the
entire contents and subject matter thereof and that such availability
will not violate any law or infringe upon any right of any party.
In consideration of the placement of advertisements on the Website
and any linkage to the advertiser's Website, the advertiser and
agency will, jointly and severally, indemnify, defend, and hold
harmless the Publisher from and against any and all losses and
expenses (including, without limitation, attorney's fees) arising
out of the appearance of such advertisements on the Website or
on the advertiser's Website as linked through the Website, including,
without limitation, those arising from claims or suits for defamation,
copyright or trademark infringement, misappropriation, violation
of the Lanham Act or rights of privacy or publicity, or from any
similar claims now known or hereafter devised or created.
It is understood that the advertiser
and agency are jointly and severally liable for payment of all
invoices for advertising made available on the Website. In consideration
of the Publisher's reviewing for acceptance, or acceptance of,
any advertising for placement on the Websites, or any linkage
to the advertiser's Website, the agency and advertiser agree not
to make promotional or merchandising reference to the Web site
in any way without the prior written permission of the Publisher
in each instance.
No conditions, printed or otherwise,
appearing on contracts, orders, or copy instructions which conflict
with, vary from, or add to these terms and conditions or the provisions
of the Website's rate card will be binding on the Publisher. The
Publisher has the right to insert the advertising anywhere on
the Web site at its discretion, and any condition on contracts,
orders, or copy instructions involving the placement of advertising
on the Website will be treated as a positioning request only and
cannot be guaranteed. The Publisher's inability or failure to
comply with any such condition shall not relieve the agency or
advertiser of the obligation to pay for the advertising.
The Publisher shall not be
subject to any liability whatsoever for any failure to provide
reference or access to all or any part of the advertising on the
Website because of strikes, work stoppages, accidents, fires,
acts of God, or any other circumstances not within the control
of the Publisher. The Publisher shall not be subject to any liability
whatsoever for any failure to provide reference or access to all
or any part of the advertising on the Website due to systems failures
or other technological failures of the Website or the Web.
The advertiser acknowledges
that it is generally familiar with the nature of the Web and the
proposed uses thereof. In addition, the advertiser acknowledges
that the Publisher may use a third party to serve advertisements
on the Website and, if applicable, grants the Publisher the right
to deliver to such third party the advertiser's advertisements
to serve on the Web site. If applicable, the advertiser and agency
assume the same indemnification obligations with respect to such
third party as they do for the Publisher as described above. The
advertiser agrees that neither it nor its agency will collect
any data through "cookies" or other means through any
advertisements submitted by the advertiser or its agency and served
by the Publisher on the Website.
All frequency discounts must
be used within six months after the end of the period in which
they were earned. Unused discounts will expire six months after
the end of the period in which they were earned.
