Terms & Conditions
TERMS AND CONDITIONS
The agreement made between you, hereinafter referred to as “Advertiser”, and Cityview Magazine, Inc., a Tennessee Corporation, with offices at 6812 Baum Dr. Knoxville TN, hereinafter referred to as “Cityview” will be held to the following terms and conditions.
Whereas, Advertiser desires to engage Cityview to provide advertising and/or other services and the parties wish to define the terms under which these services will be purchased and the responsibilities for the design, production, and approval of same; and,
Now, therefore, for and in consideration of Ten Dollars cash in hand paid and the mutual benefits to be derived here from, the parties do hereby agree as follows:
As per the schedule set out herein, the Advertiser agrees to purchase the services for the Total Price as reflected herein. Payment is due as referenced in the schedule of payments.
TERMS AND CONDITIONS
1. APPROVAL: All advertising is subject to approval if scheduled to run in Cityview Magazine or as part of its online accounts. The parties hereto agree that Cityview may reject any advertisement for any reason or no reason.
2. PROOFS: All proofs will be delivered by email in electronic form unless otherwise agreed in writing in advance.
Advertiser will promptly notify Cityview, of any errors upon reception of proof. Failure to notify Cityview 48 hours prior to deadline will release Cityview of all liability for said errors.
3. CANCELLATION: By signing this contract, you affirmatively agree this is a binding, non-cancelable order in which you agree to pay for the services described in this contract per the terms listed herein.
4. PRODUCTION: In the event Cityview is not able to complete production of any print or online publication, for any reason whatsoever, Cityview will at its sole discretion, either run the contracted advertising in a subsequent issue or refund the amount paid by the Advertiser.
5. CREDIT INVESTIGATION: Advertiser hereby authorizes any credit investigation as may be required including right to receive business and personal credit reports from any credit reporting agency in connection with approval for credit terms.
6. DEFAULT: In the event of default or if timely payment is not received as indicated on the face of this agreement, Cityview may use any and all remedies available under law to collect monies owed by the Advertiser, or its agency representative. All fees or expenses incurred in the collection of such monies shall be added to the original contract amount, including reasonable attorney fees of 50% of the amount of the contract with a minimum amount of 1,000 dollars in attorney fees and an amount of interest at the highest rate allowable by law, compounded monthly, on the entire balance from the date the account first became delinquent.
7. PERFORMANCE: Cityview does not imply or guarantee any level of performance or percentage response from any advertisement(s) and/or services provided.
8. OFFERS TO THIRD PARTIES: Advertiser does hereby specifically agree and affirm that Cityview will not be responsible to Advertiser or any third party for any obligation whatsoever for claims made by advertiser in the advertising and/or services.
9. AUTHORITY: Advertiser has sole responsibility for the content of their advertising and warrant that: (1) they are authorized to sell all products and/or services in their advertising; (2) they have the right to use all trademarks, service marks, names, information, artwork, photographs and likenesses in the advertising; (3) they have the right to use all copyrighted work to be reproduced in the advertising and they have the sole responsibility to register and protect the same; (4) the advertising will not infringe any trademark, copyright, right to publicity, right of privacy or other intellectual property right of a third party, nor will it constitute false, deceptive or unfair advertising or disparagement under applicable law; (5) the advertising complies with all applicable laws and/or regulations, including, for example, licensing requirements and administrative or professional rules and regulations; and (6) any prices, discounts or product availability quoted in the advertising shall be complete, accurate and applicable. Advertiser agrees to indemnify and hold harmless Cityview and any of its affiliates and/or employees as to any attorney’s fees, expenses, losses or damages which we may sustain by publishing the advertising.
10. COPYRIGHTS: As to advertising, which we prepare, and any derivative work, which we may prepare from the advertising, and any photographs or video taken by an employee of Cityview or a sub-contractor, Advertiser affirmatively acknowledges that Cityview is the author and that we retain all right, title and interest, including the copyright in the same. Advertiser must obtain prior written consent to reproduce any of our copyrighted work, to have it reproduced by others, or to use our name or marks in any way. Use of our copyrighted work without permission will result in a minimum charge of five thousand dollars ($5,000.00), which is agreed to by the Advertiser as fair and reasonable, and is immediately due and payable upon use of the aforementioned work, art, video or photography.
If ads or artwork are provided, Advertiser grants to Cityview a nonexclusive license to reproduce the provided content in the issue, other related publications, online, and to create derivative works from the advertising.
11. Certification: ADVERTISER AFFIRMATIVELY ACKNOWLEDGES THAT: (1) THIS IS A COMMERCIAL BUSINESS TRANSACTION; (2) ALTERNATIVE AND COMPETING ADVERTISING MEDIA ARE AVAILABLE; (3) OCCASIONAL ERRORS, OMISSIONS AND MISPLACEMENTS IN ADVERTISING MAY OCCUR IN OUR DISPLAY ADS, SPOTLIGHTS, ONLINE MEDIA, ETC. AND CANNOT BE CORRECTED UNTIL THE NEXT ISSUE; (4) ANY POTENTIAL HARM FROM AN ERROR, OMISSION OR MISPLACEMENT IS SPECULATIVE IN NATURE; AND (5) CITYVIEW ASSUMES NO RESPONSIBILITY OTHER THAN AS CONTAINED IN THESE TERMS AND CONDITIONS.
12. ENTIRE AGREEMENT: This Agreement, constitutes the entire agreement between the parties and may not be amended, modified, altered or changed in any respect whatsoever, except by further agreement in writing duly executed by an authorized person or officer of the parties.
13. INDEMNITY: In the event Cityview is at fault for any errors, omissions or misplacements in your advertising, Cityview’s liability will not exceed the amount of charges for the advertising in which the error, omission or misplacement occurred. Our liability shall be discharged by abatement of the advertising charges for any complete omission, or by prorate reduction of your charges for any error or misplacement in proportion to any reduction of the value of the advertising due to the error or misplacement. It applies to claims in contract, tort, strict liability or otherwise and to any loss of business, profits or additional advertising costs which you incur. It also applies to any special, incidental or consequential damages and to any claim against you by any third party regarding your advertising. It is agreed that your advertising is intended only for your own benefit and any benefit to others is merely incidental.
14. OMISSION/ERRORS: Any liability due to errors, omissions or misplacement in any advertising or services provided, which may affect you, is limited to, and our obligations are discharged by, correction of the error, omission or misplacement in the next issue of the directory after notice to us or by refunding charges for that advertisement or service.
15. VENUE: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Tennessee.
16. AUTHORITY TO CONTRACT: We reserve the right to rely upon the signature of the party ordering any service or product as your duly authorized agent with the authority to bind the Advertiser to these terms and conditions and for approval of the services.
BOND: Upon signing of this contract and agreement, the Advertiser affirmatively acknowledges having read and agreeing to all terms and conditions contained in this agreement and does hereby accept all terms and conditions as written. The Advertiser further acknowledges that entering into this agreement authorizes Cityview to begin production, therefore, Advertiser waives any cancellation right. Modifications to the standard language of this contract are not binding upon Cityview until accepted by the Publisher of Cityview.