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ADVERTISING TERMS & CONDITIONS

DISCLAIMER FOR ONLINE ADVERTISING SALES

REALis talk magazine provides the following explanations and information as a general guide for creating advertising terms and conditions. However, it is important to note that this content does not constitute legal advice. REALis Talk Magazine set of terms and conditions for magazine advertising, covering key aspects like artwork, liability, cancellation, and payment.

ADVERTISING TERMS & CONDITIONS - KEY ASPECTS

Acceptance of Advertisements: All advertisements are subject to the Publisher's acceptance and may be rejected at the Publisher's sole discretion, regardless of whether the advertisement has been acknowledged or previously published. 

ESSENTIAL COMPONENTS OF ADVERTISING TERMS & CONDITIONS

Advertising Materials:

  • Artwork:

The Advertiser is responsible for providing high-quality, ready-pdf-live video artwork in the required format, resolution, and dimensions. The Publisher is not liable for errors or omissions in the artwork submitted, nor for any production quality issues arising from the Advertiser's artwork. 

  • Content:

All advertising materials must comply with all applicable laws and regulations, including but not limited to libel, defamation, privacy, and copyright laws. Advertiser warrants that they have all necessary rights to use the materials in the advertisement. 

  • Indemnification:

The Advertiser agrees to indemnify and hold the Publisher harmless from any and all liabilities, damages, claims, or expenses (including attorney's fees) arising from the publication of the advertisement, including but not limited to claims of libel, defamation, copyright infringement, or violation of privacy. 

PAYMENTS AND LIABILITY OF ADVERTISING TERMS & CONDITIONS

Payment:

  • Payment Terms: Advertisers must pay according to the terms outlined in the rate card or contract. 

  • Late Payment: Late payments may be subject to a late fee. 

  • Cancellations: Cancellation fees may apply if the Advertiser cancels the advertisement after a certain deadline. Cancellation policies are specified within the contract or rate card. 

  • Partial Refunds: If the Advertiser cancels the advertisement after the deadline and the Publisher has already started LAYOUT of the issue, only partial refunds may be available, as determined by the contract. 
     

4. Liability:

  • Publisher's Liability: The Publisher's liability for any errors or omissions in the published advertisement is limited to the cost of the space occupied by the error or omission. 

  • Publisher's Responsibility: The Publisher is not responsible for any loss or damage suffered by the Advertiser as a result of the publication of the advertisement, including any loss of business or reputation, unless it is a result of the Publisher's direct negligence or breach of contract. 

INTELLECTUAL PROPERTY OF ADVERTISING TERMS & CONDITIONS

Intellectual Property:

  • Copyright: All intellectual property rights in the publication and its content, including the magazine's layout, design, and editorial content, remain the sole property of the Publisher.

  • Advertisements: The Publisher does not claim ownership or license to the Advertisers' materials, other than the right to publish it within the magazine. 

FORCE OF NATURE OF ADVERTISING TERMS & CONDITIONS

Force Majeure:

  • Neither the Publisher nor the Advertiser shall be liable for any failure to perform its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, strikes, or government actions. 

GOVERNING LAWS OF ADVERTISING TERMS & CONDITIONS

Governing Law and Jurisdiction:

  • Governing Law: This agreement shall be governed by and construed in accordance with the laws of New York.

  • Jurisdiction: Any dispute arising out of or relating to this agreement shall be resolved in the courts of New York. 

ESSENTIAL AGREEMENT OF ADVERTISING TERMS & CONDITIONS

Entire Agreement:

  • This agreement constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written. 

  • No modifications or amendments to this Agreement shall be binding unless in writing and signed by both parties. 

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