The following are certain terms and conditions that govern advertising published by PinHawk Blog. Acceptance of an insertion order for placement of advertising constitutes acceptance of the following terms and conditions.
No terms or conditions in any insertion orders, reservation orders, blanket contracts, instructions or documents that conflict with or alter these terms and conditions will be binding on Publisher, unless authorized in writing.
Agency Commission and Payment
- Publisher may require payment for advertising upon terms determined by Publisher prior to publication of any advertisement.
- Agency and advertiser are jointly and severally liable for the payment of all invoices arising from placement of advertising and for all costs of collection of late payment.
- If an account is placed with a collection agency or attorney for collection, all commissions and discounts will be rescinded or become null and void and the full advertising rate shall apply.
- Invoices are rendered on or about the mailing date of publication or at month end for digital products. Payments are due within thirty (30) days of the invoice date. Prepayment may be required for certain products.
- Advertiser shall pay any international, federal, state and local taxes on the printing of advertising materials and on the sale of ad space.
Cancellation and Changes
- Publisher expressly reserves the right to reject or cancel for any reason at any time any insertion order or advertisement without liability, even if previously acknowledged or accepted. In the event of cancellation for default in the payment of bills, charges for all advertising published as of the cancellation date shall become immediately due and payable.
- Print advertisers may not cancel orders for, or make changes in, advertising after the issue close date. Cancellation of orders or changes in advertising to be placed in any requested position will not be accepted within thirty (30) days of the issue close date. Cancellation or changes of custom orders, for examples inserts or false covers, will not be accepted within ninety (90) days of the issue close date. In the event Publisher accepts cancellation after any of the foregoing deadlines, such acceptance must be in writing, and such cancellation may be subject to additional charges and loss of discounts at Publisher’s discretion.
- Digital media advertisers may not cancel orders for, or make changes in, advertising within thirty (30) days of the scheduled publishing date, with the following exceptions. Webinar orders may only be cancelled or changed within ninety (90) days of the first scheduled webinar promotion date. Digital newsletter advertisers may not cancel orders for, or make changes in, advertising within sixty (60) days of the scheduled publishing date. In the event Publisher accepts cancellation after any of the foregoing deadlines, such acceptance must be in writing, and such cancellation may be subject to additional charges and loss of discounts at Publisher’s discretion.
- Publisher is not liable for any failure or delay in printing, publishing, distributing or circulating advertising that is caused by a force majeure, arising from an act of God, accident, fire, strike, terrorism, pandemic or other occurrence beyond Publisher’s control.
- The liability of Publisher for any act, error or omission for which it may be held legally responsible shall not exceed the price of the advertisement affected by the error. In no event shall Publisher be liable for any indirect, consequential, special or incidental damages, including, but not limited to, lost income or profits.
- Publisher is not liable for any failure or delay in publishing, distributing or circulating advertising that is caused by advertiser’s late submission of advertising materials. Print materials are due to the Publisher on the publication close date. Digital media materials are due to the publisher ten (10) business days prior to publication. For custom products, due dates vary from 30 to 90 days prior to issue close or publishing.
- Advertiser is solely responsible for all content that Publisher sends on Advertiser’s behalf, even if Publisher has provided creative services relating to the content. Publisher will not review content for compliance with applicable federal and state laws and regulations or any other applicable guidelines (such as social media platform requirements) and will not administer any promotions on behalf of others. Advertiser must consult its own legal counsel to ensure its content and offers comply with applicable laws, regulations, or guidelines. Further, Agency and Advertiser jointly and severally represent and warrant that each advertisement submitted by it for publication and/or distribution contains no copy, illustrations, photographs, text or other content or subject matter that violate any law or infringe any right of any party. As part of the consideration and to induce Publisher to publish such advertisement, Agency and Advertiser jointly and severally shall indemnify and hold harmless Publisher from and against any loss, liability damages and related expenses (including attorneys’ fees) (collectively, “Losses”) arising from publication and/or distribution of such advertisements in all applicable editions, formats or derivations, including, but not limited to, (a) 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 (b) 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 of any local, state, other national or international laws. This Agreement shall be governed by and construed in accordance with the laws of the state of Missouri.
- Publisher’s acceptance of an advertisement for publication does not constitute an endorsement of the product or service advertised. No advertiser or agency may use the Publisher’s name or logo without Publisher’s prior written permission for each such use.
- The word “advertisement” will be placed above all advertisements that, in Publisher’s opinion, resembles editorial matter.
- 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.