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Written by Gardiner Jones   
Wednesday, 04 November 2009 19:44

Terms and conditions of acceptance of advertisements

Last update - 04 November 2009

This Website is produced and published by Nolensville Community News. Orders for insertion of advertisements in the Website are accepted subject to the following conditions. For the avoidance of doubt, in this section the words "published" or "Publication" shall mean published on any Website(s) owned and produced by the Nolensville Community News.

  1. Warranty. The placing of an order constitutes a warranty from the advertiser and/or advertising agency to the Publisher:
    • that the advertisement is legal, decent, honest and truthful, complying with the State of Tennessee Codes of Advertising and Sales Promotion, with any relevant codes of practice and with the requirements of current legislation; and
    • that the advertisement is not defamatory and does not infringe the copyright moral rights or any other rights of any third party.
  2. Links. No hyperlinks or metatags may be included in any advertisements save with the express prior permission of Nolensville Community News.
  3. Indemnity. The advertiser and/or advertising agency agrees to indemnify Nolensville Community News in respect of all costs, claims, damages, or other charges arising directly or indirectly as a result of the publication of the advertisement(s).
  4. No Guarantee. While every endeavour will be made to meet the wishes of advertisers, Nolensville Community News does not guarantee the publication of any particular advertisement or its publication on any particular date.
  5. Errors. It is the responsibility of the advertiser/advertising agency to check the first appearance of any series of advertisements and notify Nolensville Community News immediately of any errors. Nolensville Community News assumes no responsibility for the correction of errors unless notified by the advertiser. In the event of any error, misprint or omission in the the Website of an advertisement or part of an advertisement (however caused) Nolensville Community News will either re-publish the advertisement or relevant part of the advertisement as the case may be or make a reasonable refund of or adjustment to the cost. No re-publication, refund or adjustment will be made where the error, misprint or omission does not materially detract from the advertisement.
  6. Limitation on Liability. In no circumstances shall the total liability of Nolensville Community News for any error, misprint or omission exceed
    • the amount of a full refund of any price paid to Nolensville Community News for the advertisement in connection with which liability arose; or
    • the cost of a further or corrective advertisement of a type and standard reasonably comparable to that in connection with which liability arose.
  7. Save as set out above, Nolensville Community News accepts no liability in respect of any loss or damage occasioned directly or indirectly as a result of publication of any advertisement or any loss or damage occasioned directly or indirectly by any total or partial failure (however caused) of publication of any advertisement or of any title or website in which any advertisement is scheduled to appear.
  8. Without prejudice to the foregoing, Nolensville Community News accepts no liability in respect of any loss or damage alleged to have arisen through delay in forwarding or omitting to forward replies to box numbers to the advertiser (however caused). The advertiser hereby authorises the Publisher to return to its originator or destroy any communication which, in the reasonable opinion of the Publisher, should not be delivered to the advertiser.
  9. Refusals and Amendments. Nolensville Community News reserves the right to:
    • Refuse any advertisement or if already accepted to cancel the order at any time by giving reasonable notice before the next insertion, but in that event the advertiser/advertising agency shall not be liable for payment of the difference (if any) between the rates for the series specified in the order and the usual price for the series of insertions which has appeared when the order is stopped; and
    • require any alteration it considers necessary or desirable in any advertisement.
  10. Cancellation. An advertising agency may cancel any unexpired part of an order without penalty in the event of the death or failure of its client. Orders cannot be cancelled once Nolensville Community News has commenced to carry out the order in accordance with the first publication date requested by the advertiser. In other cases Nolensville Community News will require four clear working days' notice of cancellation of any order or unexpired part of an order, or in the case of an advertisement which by reason of its position is chargeable at a premium rate, not less that twenty-eight clear working days' notice. All cancellations must be notified in writing. E-mail notification of cancellation is not acceptable.
  11. Copyright. The copyright for all purposes in all artwork, copy, video, audio and other material which Nolensville Community News or its employees have originated, contributed to or reworked shall vest in Nolensville Community News.
  12. Consents. The placing of an order by an advertiser, or an advertising agency on behalf of a client, constitutes an assurance that all necessary authority and consents have been secured in respect of the use in the advertisement(s) (a) of pictorial or any other representations of (or purporting to be of) living persons, and of references to any words attributed to living persons and (b) any material the copyright in which vests in a third party.
  13. Risk. Any material submitted by the advertiser is held by Nolensville Community News at the advertiser's risk and should be insured by the advertiser against loss or damage from whatever cause. Nolensville Community News reserves the right to destroy without notice all such property after the date of its last appearance in an advertisement unless the advertiser has given instructions to the contrary.
  14. Rates. The rate payable for transmission of any advertisement shall be in accordance with Nolensville Community News's current rates from time to time save as otherwise agreed with Nolensville Community News.
  15. Payment Terms Unless credit terms have been agreed, payment must be received in full no later than 14 days prior to insertion. Payment may be made via PayPal using major credit cards including; VISA, Mastercard, and a PayPal account.
  16. Disclosure of Identity. Nolensville Community News reserves the right to disclose the name and address of advertisers and/or agencies to the police, trading standards officials, or any other relevant authority and, where Nolensville Community News in its sole discretion deems it reasonable, to other third parties.
  17. Acceptance. The placing of an order for the insertion of an advertisement shall amount to an acceptance of the above conditions and any conditions stipulated on an agency's or advertiser's order form or elsewhere by an agency or an advertiser shall be void insofar as they are in conflict with them.

 

 

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