A. Advertisements are accepted upon the representation that the advertiser and its agency have the right to publish the contents thereof. In consideration of such publication, the advertiser and its agency agree to indemnify and hold the publisher harmless against any expense or loss by reason of any claim arising out of publication.
B. Conditions, other than contracted rates, are subject to change by the publisher without notice. Premiums will be applied for geo-targeting and frequency cap delivery.
C. All contents of advertisements are subject to publisher’s approval. Publisher reserves the right to reject or cancel any advertisement, insertion order, space reservation, or position commitment at any time. All orders for advertisement space are subject to company credit requirements:
- i. Full payment required before launch date for first time insertions with Edutopia.
- ii. Advertising not accepted from companies with past due invoices.
D. The look and feel of the ad on Edutopia must be graphically distinct from Edutopia normal editorial layout and design. Edutopia-style headlines, subheads, bylines, datelines, captions, bios, news layouts or typography may not be used.
E. Positioning of advertisements is at the discretion of the publisher except where a request for a specific preferred position is acknowledged by the publisher in writing.
F. Unless designated on the IO as non-cancelable, Advertiser may cancel the entire IO, or any portion thereof, as follows:
- i. With 14 days prior written notice to Publisher, without penalty, for any guaranteed Deliverable.
- ii. With 7 days prior written notice to Publisher, without penalty, for any non-guaranteed Deliverable.
- iii. With 30 days prior written notice to Publisher, without penalty, for any flat fee-based or fixed-placement Deliverable, including, but not limited to, roadblocks, timebased or share-of-voice buys, and some types of cancelable sponsorships.
G. All insertion orders accepted are subject to provisions of our current rate card. Rates are subject to change upon notice from the publisher. In the event of a change in rates not publicly announced prior to the first display of an ad covered by the contract then in effect, space reserved may be canceled by the advertiser or the agency at the time the change becomes effective without incurring short-rate charges, provided the advertisements published to the date of cancellation are consistent with the appropriate rate. Cancellation of space reservation for any other reason in whole or in part by the advertiser will result in an adjustment of the rate (short-rate) based on past and subsequent insertions to reflect actual space used at the earned rate.
H. The publisher shall not be liable for any costs or damages if for any reason it fails to publish an advertisement. In no event shall the publisher be liable for any damages, consequential or otherwise, in excess of amount paid for the advertisement, as a result of any mistake in the advertisement or for any other reason.
I. Publisher shall have the right to hold the advertiser and/or its advertising agency jointly and severally liable for such monies as are due and payable to the publisher for advertising that the advertiser or its agency ordered and which advertising was published.
J. No conditions other than those set forth here and on the Insertion Order shall be binding on the publisher unless specifically agreed to in writing by the publisher.
K. Publisher is not liable for delays in delivery and/or non-delivery in the event of an Act of God, action by any governmental or quasigovernmental entity, fire, flood, insurrection, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown, or any condition beyond the control of the publisher affecting production or delivery in any manner.
L. As used in this section entitled “Terms and Conditions,” the term “publisher” shall refer to The George Lucas Educational Foundation.