The following
are certain general terms and conditions governing
advertising placed on the KCWeddings.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 KC Weddings.net.
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.
