1. These terms and conditions will apply to each advertising contract placed with the Publisher, and will not vary without the written approval of Lyons Productions LLC or their appointed representative. Cancellations must be in writing and received within three (3) days of the authorization date of these terms and conditions at the address below.
2. Subject to the terms and conditions outlined herein, Lyons Productions LLC will hereby be known as the publisher. The Publisher will publish all advertising in accordance with the order placed.
3. The advertiser shall pay to Lyons Productions LLC the total invoice amount for all advertising which will consist of:
a. The amount shown on the contract for advertising space contracted for, and
b. All other cost or expenses which may be incurred by the publisher at the request of the advertiser in respect to artwork, special typesetting, author corrections, ad changes, scanning, ad creation, photo cost, and design time at the rate of sixty (60) dollars per hour.
c. In the event the Publisher agrees to accept an alternative source of payment from the Advertiser (i.e. non-monetary compensation in the form of a “trade” for goods or services from the Advertiser), the trade will revert to cash in the event the Advertiser goes out of business, and/or such goods or services are no longer available. Advertiser agrees to make monetary payment to the Publisher for any and all amounts owed pursuant to the original amount agreed between the parties.
4. Final payment is due upon delivery of proof, unless a payment plan has been approved in writing by the Publisher. At the Publisher’s discretion any advertisement not paid in full at the time of the delivery of the final proof may be pulled from the publication and no refunds will be given on any monies paid. Alternatively, the Publisher may choose to run the advertisement, in which case interest will accrue at the rate of 1 ½ percent per month on any past due balances owed by the Advertiser. The Publisher shall be entitled to recover all costs of collection for monies owed including court costs and reasonable attorneys’ fees. In the event that the Advertiser fails to sign the proof by the designated time below, the advertising will be placed as is and considered correct without recourse to the Publisher.
5. Requested special positions for advertisement(s) within the publication cannot be guaranteed unless an Advertiser has paid the preferred placement cost of 10% of the ad cost. The positions of all other advertisements are at the sole discretion of the Publisher. Publisher will not guarantee premium positions in the categorical section of the publication unless a minimum cost of five hundred (500) dollars has been met.
6. The Advertiser acknowledges that the Publisher will be entitled to do any or all of the following:
a. Decline or cancel any advertisement it deems inappropriate for publications.
b. Postpone the publication to a future date not to exceed 45 days from its stated release date.
c. Destroy all materials supplied to Publisher which remain in its possession for more than two (2) months from the date of the publication without notice.
d. Alter any artwork or materials supplied by the Advertiser that do not meet Publisher’s “Mechanical Specifications” without being responsible for any loss.
e. Place the word “advertisement” on any copy which in the Publisher’s opinion closely resembles editorial matter.
7. Acceptance of an advertisement for publication does not constitute endorsement or approval by the publisher of any product or service advertised.
8. Publisher will not be responsible to any Advertiser for an error or omission that may be found in the index or category listing sections of the publication. If an error is found an adjustment will be credited based on ad cost or on what portion is incorrect. If the ad has no cost, or part of a package ad no adjustment will be given and no adjustment will exceed the cost of the ad.
9. The Publisher will not be liable for any loss or damage whatsoever to any artwork or materials. The Advertiser will retain a copy of all provided materials.
10. All materials created by Lyons Productions LLC for the Advertiser become the property of Lyons Productions LLC and may not be used in any other publication or web site without written approval. A minimum payment of sixty (60) dollars will be paid for Publisher's time to send or release our work to other publications, agencies and the like and is solely at our discretion.
11. Advertisements are accepted under the premise that an Advertiser or their agency has the right to use the submitted material and that such material shall not subject Publisher to potential liability, including, but not limited to the following:
a. infringement upon copyright laws
b. contain any defamatory matter or slander of title
c. constitute the torts of passing off or unfair competition
d. constitute an invasion of privacy
e. constitute a breach of copyright
f. constitute a breach of any provision of the Trade Practices Act.
12. The Advertiser is responsible for providing materials, artwork and editorial conforming to all specification requirements at the address or email located on the contact page. Materials, artwork and editorial not submitted by the time noted, the publisher will be under no obligation to print the advertisement or the Publisher may, at their discretion, choose to print only the name, address and phone number of the advertiser. In either case, the Publisher will be entitled to be paid for the full cost of the advertisement as stated on the advertising contract.Advertising proofs provided to the Advertiser must be approved and returned by the client to the address below. If Advertiser requests the Publisher to produce the advertisement for them, then the Advertiser agrees to pay for all time and materials to produce the advertisement at the rate of sixty (60) dollars per hour. If the Publisher accepts artwork after the above stated time, then the Publisher will not be required to obtain proof approval prior to publishing the advertisement and Publisher will be absolved of any liability for any errors or omissions in the material published. In no event will failure to submit artwork or editorial in a timely manner constitute grounds for a refund of any portion of the funds paid or still owed by the Advertiser.
13. The parties agree that this agreement will be construed as if it was drafted by the parties jointly and ambiguities will not be construed for or against either party.
14. Any payment plan offered has become part of these Advertising Terms and Conditions and is titled “Payment Schedule”.
15. Publisher disclaims all warranties regarding the advertisement and/or the publication, express or implied, other than those expressly stated elsewhere in this agreement. The Publisher will have no liability for Advertiser’s damages, including but not limited to incidental or consequential damages.
16. The Advertiser warrants that he or she places the order as principal and that he or she will be personally liable to observe these Terms and Conditions, as well as the “Advertising Contract” and “Payment Schedule” pages.
17. The undersigned Advertiser warrants that he/she has the authority to act for and on behalf of the company named on the “Advertising Contract” page and “Payment Schedule” page.
Before submitting your artwork, please review our specification requirements sheet for complete instructions on how your advertisement must be prepared. z
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