Applicability of Terms
These advertising terms shall apply to all print, online and e-mail Advertisements (“Advertisements”) that are submitted to CollegiateParent, and which CollegiateParent accepts for publication. For the purposes of these Terms & Conditions, “CollegiateParent” shall refer to all publications with the CollegiateParent imprimatur, including print and online versions of CollegiateParent, CollegiateParent Insider and Collegiate Parent Guides. The Advertiser, by submitting an advertisement to CollegiateParent, agrees to be bound by these Terms & Conditions. “Advertiser” shall be defined to include any agent, broker, or other intermediary submitting an Advertisement, as well as the ultimate customer whose products or services are advertised in the Advertisement. An Advertiser’s standard terms and conditions shall not apply.
CollegiateParent Advertising Standards
All ads submitted for publication must comply with applicable U.S. and International laws, and may not be indecent, obscene, or defamatory. All advertising is subject to CollegiateParent’s approval. CollegiateParent reserves the right to refuse any advertisement at its sole discretion for any reason whatsoever, including without limitation for offensive or inappropriate content.
All accepted Advertisements must comply with the relevant advertising specifications. CollegiateParent has the right to request or to make changes to an Advertisement to the extent it reasonably believes necessary to comply with the Can-Spam Act and/or federal or state advertising laws. This includes, without limitation and by way of example only, by modifying the subject line of an e-mail advertisement or adding an “ADVERTISEMENT” label to content that appears to be editorial in nature.
Current advertising rates apply, and may be changed by CollegiateParent at any time with notice. Credit approval is required for Advertisement orders greater than $5,000.00 prior to placement of first insertion, or prepayment will be required. Where credit has been approved, Advertiser agrees to pay net 30 days. For print ads and general Internet advertising payments are accepted via check, wire transfer, and credit card (MasterCard, VISA, American Express). A penalty of 1.5% per month accrues after 45 days.
Publisher shall have the right to hold advertiser and/or its advertising agency liable for such monies as are due and payable to the publisher for advertising which advertiser or its agency ordered and which advertising was published. Sequential liability clauses will not be accepted. The advertiser and the agency agree to hold the publisher harmless from any and all claims or suits, including attorney fees, arising out of advertising published.
Cancellation of Print Advertising
Written cancellation of order must be received at least three weeks prior to issue date to avoid billing. No cancellation, including those sent via fax, will be accepted without written acknowledgement from CollegiateParent confirming receipt.
Any order canceled after the issue deadline stated in the Advertiser Work Order will incur the full insertion cost. Late delivery of materials may incur forfeiture of space at full cost.
Cancellation Digital Advertising
Due to the nature of publishing directory listing advertising online, we do not generally offer refunds. Once an ad is posted, the advertisement will immediately gain exposure to our audience, however, no guarantees are made as to the success of the advertisement.
We adhere to the following policy with respect to requests for refunds of listing fees:
- We will not provide a refund, for any reason, once the advertisement has been published. Advertisements cancelled prior to publishing will be refunded in full.
- No prorated refunds will be made for any ad cancelled following the first publication.
- Advertising should be checked for errors by the advertiser on the first day of publication and no credit is made for errors that do not materially affect the value of the advertisement.
- No refunds are offered to advertisers who wish to cancel enhancements to an ad posting after the advertisement has been published the first time in print, online or both.
- Approved refunds for credit card transactions will be issued as bank checks to the account contact assigned to the work order.
Publisher reserves the right to edit, classify, reject or cancel any portion or all advertising as determined in the publisher’s sole discretion. Any advertising language that does not comply with Federal, State or local laws including, without limitation, those regarding the prohibition of discrimination in employment, housing and public accommodation will be rejected.
Intellectual Property Rights
You retain copyright of your Advertisements. By submitting Advertisements, however, you hereby grant CollegiateParent a worldwide, irrevocable, non-exclusive, and transferable license to reproduce the Advertisement, including any trademarks therein, and including without limitation in any future archive or database in any medium, now known or later invented.
Warranties and Indemnity
Advertiser warrants and represents that the Advertisement does not contain any material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless Advertiser is the owner of such rights or has permission from their rightful owner for purpose of the Advertisement. By submitting an Advertisement, Advertiser represents and warrants that it owns or has the necessary licenses, rights, consents, and permissions. Advertiser also represents and warrants that an Advertisement is not defamatory or libelous, obscene, or contrary to applicable local, national, and international laws and regulations.
Advertiser agrees to defend, indemnify and hold harmless CollegiateParent, and the Parent Company AroundCampus Group, and all of their officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from any breach, or alleged breach, of the warrantees identified in this section.
Limitation on Liability, Disputes
In no event shall CollegiateParent, its officers, Directors, employees or agents be liable to the Advertiser for any direct, indirect, incidental, special, punitive or consequential damages whatsoever relating to the Advertisement. Any liability by CollegiateParent shall be limited to the amount paid for an Advertisement. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree that any dispute arising from, relating to or in any manner connected with this agreement shall be construed under and resolved in accordance with the laws of the District of Columbia, exclusive of its choice of law principles. Any such dispute shall be litigated only in the local or federal courts of the District of Columbia, to the personal jurisdiction of which you hereby consent. YOU AGREE THAT ANY CAUSE OF ACTION AGAINST COLLEGIATEPARENT ARISING OUT OF OR RELATED TO AN ADVERTISEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Should any provision in these Advertising Terms & Conditions be deemed ineffective or unenforceable, that shall not affect the validity or enforceability of the remaining provisions of these Advertising Terms & Conditions.
No alterations or variations of the Advertising Terms & Conditions shall be valid unless made in writing. Neither the failure of CollegiateParent to enforce at any time any of the provisions of this Agreement nor the granting at any time of any other indulgence shall be construed as a waiver of that provision or of the right of CollegiateParent afterwards to enforce that or any other provision. This Agreement may not be amended, nor any obligations waived, except in writing and signed by an authorized representative of CollegiateParent.