These terms and conditions apply to all advertising services provided by TheLocalBuzz, a division of Addison Marketing Solutions, including but not limited to digital, print, distribution of flyers and inserts, or any other advertising formats (collectively, the “Publisher”). These terms are incorporated into every advertising agreement between the Publisher and the advertiser, and all insertion orders are subject to these terms. Submission of any advertising constitutes acceptance of these terms and conditions. References to “advertiser” include any advertising agencies acting on behalf of clients in dealings with the Publisher.
Any terms, conditions, rates, or agreements not explicitly outlined in these terms or in the Publisher’s current rate schedules are not binding unless set out in a written document signed by both parties. The Publisher is not bound by any terms on insertion orders or other advertiser documents that contradict these terms or attempt to impose additional obligations.
Deadlines for placement and cancellation of advertising may vary based on publication schedules. All creative material must be provided to the Publisher no less than five (5) business days before the publication date. Any change requests to creative material must be submitted in writing and acknowledged by the Publisher at least five (5) business days prior to the requested change date. Creative changes may not be made more than once every 14 days, unless otherwise agreed by the Publisher. Advertisement specifications may be amended by the Publisher with reasonable notice to the advertiser.
Rates quoted are for advertising services only and do not include applicable taxes. The Publisher reserves the right to adjust advertising rates at any time. Should rates increase, the advertiser may cancel any contract without penalty within fifteen (15) days of receiving notice of the new rates. A valid contract must be in place for any contract discounts to apply. Contingent orders will not be accepted.
All advertisements must be prepaid in advance of publication. For clients running ads in multiple issues, recurring fees will be billed on the 1st of each issue month. Failure to submit payment by the due date may result in the suspension or cancellation of the advertisement placement.
The advertiser is responsible for ensuring the accuracy of all proofs and for submitting timely corrections. The Publisher is not liable for any content errors in advertising. Liability for errors is limited to the amount paid for the portion of the advertisement containing the error. No liability is accepted for the non-insertion of any advertisement beyond the amount received for the advertising space. If, in the Publisher’s judgment, an error materially impacts the advertisement’s value, a corrected ad will be provided upon request at no additional charge. Minor errors that do not lessen the overall value of the advertisement are not eligible for “make-good” insertions.
All advertising positions are at the discretion of the Publisher unless otherwise mutually agreed in writing. The Publisher will endeavor to honor positioning requests but cannot guarantee placement. Adjustments, reinstatements, or refunds regarding placement are at the Publisher’s sole discretion.
The Publisher reserves the right to revise, reject, discontinue, or omit any advertisement at its discretion without penalty. The Publisher may include notices such as “advertisement” or “sponsored content” adjacent to any advertisement as deemed necessary. Advertisements may be moved or altered to accommodate the purchase of exclusive sponsorships.
Any materials produced by the Publisher remain the property of the Publisher, and all intellectual property rights in those materials belong to the Publisher. Advertisers may not modify or republish such materials without prior written permission. The advertiser grants the Publisher a perpetual, non-exclusive, royalty-free license to display and archive the advertisement across all media, now known or developed in the future.
The advertiser agrees to defend, indemnify, and hold harmless the Publisher from any claims, damages, or liabilities arising from the content of the advertisements, including but not limited to claims of defamation, intellectual property infringement, or violations of applicable law. This indemnity applies even when the Publisher produces the advertising material.
The Publisher expressly disclaims any warranties or conditions of any kind, whether express or implied. The Publisher’s liability for any damages arising from the publication or non-publication of an advertisement is strictly limited to the amount paid for the affected advertising space. The Publisher will not be liable for any loss of profits or other consequential damages.
The advertiser agrees to comply with all applicable laws in carrying out its obligations under these terms, including privacy, data protection, and advertising regulations. Advertisers must ensure that no content provided causes the Publisher to breach any legal obligations.
These terms and conditions are governed by the laws of the Province of Ontario and the laws of Canada applicable therein. Any disputes arising from these terms shall be resolved in the courts of Ontario, located in Newmarket.
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