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General Terms & Conditionsa. All contents of advertisements are subject to the Publisher's approval. The Publisher reserves the right to reject or cancel any advertisement, insertion order, space reservation, or position commitment (collectively, an "advertisement") at any time, if for any reason the Publisher deems it to be unacceptable. As used in these General Terms and Conditions, the term "advertiser" includes any advertiser's advertising agency, if there is one. b. All advertisements must be clearly identifiable as such with a trademark or signature of the advertiser. If in Publisher's judgment any advertisement creates the illusion of editorial matter, Publisher reserves the right to decline such advertisement and/or to place the word "Advertisement" in it. c. It is the advertiser's responsibility to ensure that all inserts and other advertising comply with U.S. postal regulations and other applicable Federal and State laws and regulations. d. Positioning of advertisements is at the Publisher's discretion, except when the advertiser requests a guaranteed advertisement placement, to which premium charges may apply. e. The advertiser and its agency, if there is one, each acknowledge that it is fully authorized and/or licensed to publish and assumes all liability for the entire contents of its advertisements, including without limitation: text; testimonials; representations; illustrations; maps; labels; trademark and other copyrighted or proprietary matter; and the use of the name or likeness of persons, living or dead. The agency and the advertiser, jointly and severally, will indemnify and save harmless the Publisher against all loss, liability, damage and expenses of any nature (including reasonable attorney's fees) resulting from any actions, claims or suits ("claims") resulting from advertising purchased pursuant to this rate card, including, without limitation, claims for libel, violation of rights of privacy or publicity, infliction of emotional distress, unfair competition, or copyright, trademark or other proprietary rights infringement. f. Advertisements not received by Publisher's production department by the production materials closing date will not be entitled to the privilege of O.K. or revision by the advertiser. g. Cancellations or changes in orders may not be made by the advertiser after the closing date. Contracts may be cancelled by the advertiser or Publisher on written notice not less than (i) 30 days in advance of the closing date or (ii) for covers, 90 days in advance of the closing date. h. All insertion orders are accepted subject to the provisions of the current rate card. Conditions, including rates, are subject to change upon notice from the Publisher. Should a rate change be made, the advertiser may cancel space reserved at the time the change becomes effective without incurring short-rate charges, provided the contract rate has been earned up to the date of cancellation. Cancellation of space reservations for any other reason (in whole or part) by the advertiser will result in an adjustment of the rate (short-rate) based on the number and type of insertions placed to the cancellation date, to reflect actual space used at the earned frequency or volume rate, as of cancellation. i. Advertisers will be short rated, if within a 12-month (52-week) period from the date of the first insertion, they do not use the amount of space upon which their billings have been based. Advertisers will be rebated if, within a 12-month (52-week) period from the date of the first insertion, they have used sufficient space to earn a lower rate than that at which they have been billed. j. The Publisher will not be liable under any circumstance for any costs or damages (including consequential damages) resulting from either the failure to print any advertisement or the appearance of any errors in any advertisement as published. In such case, the advertiser's sole remedy will be the right to place a "make-good" advertisement. k. Failure to make any insertion order correspond in price or otherwise with the rate schedule shall be deemed a clerical error only; publication thereof shall be made and charged without further notice according to the terms of the rate schedule in force at the time. l. The Publisher or its sales agency shall have the right to hold the advertiser and/or its agency jointly and severally liable for such monies as are due and payable to the Publisher for published advertising. m. No conditions other than those set forth in this rate card shall be binding on the Publisher unless the Publisher specifically so agrees in writing, in advance. Specifically, the Publisher will not be bound by conditions or terms printed or appearing on order blanks or copy instructions submitted by or on behalf of the advertiser. n. The Publisher will not be liable for any delays affecting the timing or cancellation of any advertisement scheduled to be published in the event of an act of God, action by any governmental or quasi-governmental entity, fire flood, accidents, insurrection, act of terrorism or war, embargo, strikes (whether legal or illegal), labor or materials shortages, transportation interruption of any kind, work slowdown, or any other condition beyond the control of the Publisher affecting production or delivery in any manner. o. As used in this section entitled "General Terms and Conditions" the term "Publisher" shall refer to AVIATION WEEK's AVIATION WEEK & SPACE TECHNOLOGY, a division of The McGraw-Hill Companies, Inc. |















