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1. Submission of any advertisement, insertion order, space reservation, or position commitment shall constitute acceptance of the following General Conditions.
2. Advertisements are accepted upon the representation that advertiser and its agency have the right to publish the contents thereof. In consideration of such publication, advertiser and its agency agree to indemnify and hold publisher harmless against any expense or loss by reason of any claims arising out of publication.
3. Conditions, other than rates, are subject to change by publisher without notice.
4. 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.
5. Positioning of advertisements is at the discretion of the publisher except where a request for a specific preferred position is acknowledged by publisher in writing.
6. Publisher shall have no liability for errors in Reader Service or the Advertiser's Index.
7. Advertisements not received by our Advertising Production Department by closing date will not be entitled to the privilege of approval or revision by the advertiser or its agency.
8. Cancellations or changes in orders may not be made by the advertiser or its agency after the closing date.
9. All insertion orders are accepted subject to the provisions of our current Rate Card. Rates are subject to change upon notice from the publisher. Cancellation of space reservations 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 the actual space used at the earned frequency or volume rate.
10. Publisher shall not be liable for any costs or damages if for any reason it fails to publish an advertisement or for any remedy beyond the return of any amount paid for an ad for any error in the ad. In no event shall publisher be liable for indirect or consequential damages.
11. Publisher shall have the right to hold advertiser and/or its agency jointly and severally liable for such monies as are due and payable to publisher for advertising which advertiser or its agency ordered and which advertising was published.
12. No conditions other than those set forth in this Rate Card shall be binding on the publisher unless specifically agreed to in writing by the publisher. Publisher will not be bound by conditions printed or appearing on order blanks or copy instructions which conflict with provisions of this Rate Card.
13. Publisher is not liable for delays in delivery and/or non-delivery in the event of Act of God, action by any governmental or quasi-governmental entity, fire, flood, insurrection, riot, explosion, 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.
14. As used in this section entitled "General Conditions" the term "publisher" shall refer to Sound & Vision Magazine.