Electronic Advertising Terms and Conditions
1. Copy and Material: The Publisher reserves the right to revise or reject for any reason at its sole discretion any advertising copy submitted. All Advertising materials, including photos, submitted by Advertiser or created by Publisher are the property of Publisher and may not be reproduced by a third party in other publications, electronic media or any other materials without Publisher's or Advertiser's written consent.
2. Errors: Publisher's liability for damages resulting from errors in any advertising that it publishes or from its failure to publish any advertisement that it has agreed to publish shall be limited to the amount it actually received in consideration for its agreement to publish the advertisement in question. Publisher shall not be responsible for any special, incidental or consequential damages suffered by any party resulting from its errors or omissions. The Advertiser must report such errors or omissions within seven days of the publication dates.
3. Hold Harmless: Advertiser accepts all liability for the content of all advertising supplied by it. Advertiser warrants to Publisher that its copy is true, that it is not libelous or defamatory, that it violates no rights of privacy, that it infringes no trademark, and that it complies with all applicable federal, state, and local laws and regulations. The fact that copy shall have been previously submitted to Publisher for approval and shall have been approved by it either in whole or in part, shall not relieve Advertiser of the warranty. Advertiser agrees to defend, indemnify and hold harmless Publisher from any and all claims, demands, liabilities, suits, costs, or expenses, arising by reason of the publication of Advertiser's advertisement or breach of the foregoing warranty, whether such claims are well-grounded or not.
4. Inability to Perform: Neither party shall be required to perform any term or condition so long as such performance is delayed or prevented by force majeure, including acts of God, strikes, lockouts, material, or labor restrictions by any government authority, civil riot, floods, and any other cause not reasonably within the control of the performing party and which, by due diligence, such party is unable, wholly or in part, to prevent or overcome.