Terms and Conditions

All orders in respect of American Builders Quarterly (“ABQ”) are subject to and governed by the following terms and conditions.

 

Advertisements

1. ABQ reserves the right at its absolute discretion, and at any time, to cancel any advertising order or reject any advertisement, whether or not the same has already been acknowledged and/or previously published. In the event of such cancellation or rejection by ABQ, advertising already run shall be paid for at the rate that would apply if the entire order were published. In the event of your cancellation of any portion of any advertising order not in compliance with the terms hereof or failure to have published the specified number of advertisements, or if at any time ABQ in its reasonable judgment determines that you are not likely to publish the total amount of advertising specified in the applicable advertising order, any rate discount will be retroactively nullified and result in the standard rate. In such event, you must pay ABQ the difference between the discounted rate provided to you and the standard rate within 30 days of invoice therefore and you will thereafter pay for advertising based on the standard rates of ABQ as set forth in the then current media kit. Any merchandising program executed by ABQ in reliance on advertising that is cancelled will be paid for by you at the fair market rate for such program (including all costs and expenses incurred by ABQ).

2. Advertising orders that contain rates that vary from the standard rates of ABQ shall not be binding on ABQ unless approved in writing by an authorized officer of ABQ. In the event any discount rates are not approved in writing by an authorized officer of ABQ, the standard rates shall apply to such order at the discretion of ABQ.

3. Advertisements that simulate editorial content must be clearly defined and labeled “ADVERTISEMENT” and ABQ may, in its discretion, so label such copy.

4. Orders for advertising containing restrictions or specifying positions, facings, editorial adjacencies or other requirements may be accepted and inserted, but such restrictions or specifications are at ABQ’s sole discretion.

5. The following items apply to furnished inserts: (i) an accurate facsimile or electronic version of any furnished insert must be submitted to ABQ for review on or prior to the dates established by ABQ for the applicable publication; (ii) ABQ is not responsible for errors or omissions in, or the production quality of, furnished inserts; and (iii) you shall be responsible for any additional costs or expenses incurred by ABQ arising out of your failure to deliver furnished inserts pursuant to ABQ’s specifications or time requirements.

6. Banner advertisements must be submitted in a format and with dimensions required by ABQ. If you do not have a banner advertisement prepared, ABQ will create one for you and may charge you an additional fee. Each banner advertisement will be displayed as determined by ABQ. ABQ may have banner advertisements from several parties. When more than one banner advertisement is under contract, banners will be evenly and fairly positioned from time to time as determined by ABQ.

7. You shall remain liable for the full advertising rate in each of the following instances: (i) ABQ is unable to publish an advertisement as a result of your failure to comply with ABQ’s specifications or time requirements (in which case, ABQ shall not be required to run any generic or other advertisement); (ii) your failure to cancel the applicable order in accordance with the cancellation requirements contained herein (in which case, ABQ shall not be required to run any generic or other advertisement); and (iii) the cancellation or termination of the applicable feature story.

8. In the event an order is placed by an agency on your behalf, such agency warrants and represents that it has full right and authority to place such order on your behalf and that all legal obligations arising out of the placement of the advertisement will be binding on both you and the applicable agency. Any agreement made by an agency on your behalf will be binding on you and such agency.

9. You may not use any advertising space either directly or indirectly for any business, organization, enterprise, product, or service other than that for which the advertising space is provided by ABQ, nor may you authorize any others to use any advertising space in such manner.

10. You agree that any advertisements published may, at ABQ’s sole option, be included in all forms of media, whether now in existence or hereafter developed, in which the article, feature, issue or other writing (regardless of the form of such media) containing the advertisement is published, reproduced, distributed, displayed, performed, or transmitted, in whole or in part; provided, however, ABQ shall not be required to include (i) any advertisement originally published in one form of media in any other form of media regardless of any additional publication, reproduction, distribution, display, performance or transmission of the original article, feature, title, issue or other writing containing or otherwise related to such advertisement, or (ii) any advertisement originally published with or in connection with any article, feature, issue or other writing in any additional publication, reproduction, distribution, display, performance or transmission of such article, feature, issue or other writing. The copyright in any advertisement created by ABQ is owned by ABQ, and may not be otherwise used by Advertiser or third parties without ABQ’s prior written consent.

 

Other Media

1. In the event your order includes a photoshoot, you agree to appear at the agreed upon place and time for the photoshoot and to otherwise adhere to the instructions and requirements for the photoshoot. If you are having a location shoot, please be aware that arrangements may have to be changed at the last minute due to weather conditions (should this happen we will either move to another agreed location on that day, or rebook for another time). In the event you fail to appear for the photoshoot on time or otherwise fail to adhere to the instructions and requirements for the photoshoot, you will remain responsible for the full price of the photoshoot. ABQ will endeavor to reschedule your photoshoot in the event you provide ABQ at least three business days’ advance written notice of the need to reschedule, but no guaranty is made by ABQ regarding its ability to reschedule your photoshoot and you remain responsible for the full price of the photoshoot. In the event ABQ is able to reschedule your photoshoot at your request, ABQ may assess a rescheduling fee. All photos taken by our photographers (including by any of our affiliates) remain the copyright of ABQ and as such reproduction of photographs by scanning, photographing or other methods of copying are illegal. If you purchase a high resolution digital image from us, then we will grant you re-production rights for your own use. ABQ, including its affiliates and all staff and representatives related to photoshoots, is not liable or responsible in any way should you be injured while at your photoshoot.

2. In the event your order includes a feature story of a particular length and/or a follow up story, you agree to provide information and resources to ABQ on a timely basis in order to permit ABQ to prepare the particular article in accordance with the order. The preparation and final approval of each article will be in the sole discretion of ABQ, and excessive revisions or rewrites of your article will not be permitted. Articles published may, at ABQ’s sole option, be included in other publications and in any form of media, in each case, whether now in existence or hereafter developed. The copyright in each article is owned by ABQ, and such article may not be used by you or third parties without ABQ’s prior written consent. ABQ reserves the right at its absolute discretion, and at any time, to cancel or reject any article, whether or not the same has already been acknowledged and/or previously published. You shall remain liable for the full price of your order in each of the following instances: (i) ABQ is unable to prepare or publish your article as a result of your failure to comply with ABQ’s specifications or time requirements, including any of the timing or other requirements with respect to a scheduled follow up story; (ii) your failure to cancel the applicable order in accordance with the cancellation requirements contained herein; and (iii) any delay with respect to the particular issue.

3. In the event your order includes a web exclusive with respect to your article, ABQ will prepare the web exclusive in its sole discretion and place it on the ABQ website for a period of at least one month prior to the applicable issue release date. The placement of the web exclusive will be at the sole discretion of ABQ.

4. In the event your order includes an e-print of your article, a digital copy of such article will be prepared by ABQ and provided to you in digital format no later than one month after the original publication date. The digital format for such article will be as determined by ABQ, and such article will remain “locked,” so any printing or reproduction rights with respect to such article will remain with ABQ.

5. In the event your order includes prominent placement or accelerated release of your article, you agree to work with ABQ in good faith to establish the placement and release date of your article. Notwithstanding the foregoing, the ultimate decision with respect to all content, placement and release matters will be made by ABQ.

 

General

1. An order will be deemed accepted by ABQ once ABQ commences performance of such order or otherwise indicates in writing its acceptance of such order.

2. In no event shall ABQ’s liability with respect to any order exceed the total amount paid to ABQ for such order, including any liability resulting from the errors or omissions of ABQ. In no event shall ABQ be liable for special, incidental, consequential or punitive damages.

3. All matters with respect to any order will be governed by the laws of the State of Illinois applicable to contracts to be performed entirely therein. Any action brought by you against ABQ or any of its affiliates must be brought in the state or federal courts in Chicago, Illinois; the parties hereby consent to the jurisdiction of such courts.

4. You and your applicable representatives represent to ABQ that all materials, information, examples or samples submitted to ABQ comply with all applicable laws and regulations and do not violate the rights of, and are not harmful to, any person, corporation or other entity. As part of the consideration to induce ABQ to undertake its obligations and perform its services with respect to your order, you and your applicable representatives each agree jointly and severally to indemnify and save harmless ABQ, and its affiliates, employees, owners and representatives, against all liability, loss, damage, and expense of any nature, including attorneys’ fees and court costs, arising out of any actual or potential claims for libel, invasion of privacy, copyright or trademark infringement and/or any other actual or potential claims or suits that may arise out of ABQ’s obligations and/or services with respect to your order.

5. You and your representatives agree to be jointly and severally liable for the payment of all amounts in respect of your order. You authorize ABQ, at its election, to tender any invoice to you or your representatives, and such tender shall constitute due notice to you of the invoice and such manner of billing shall in no way impair or limit the joint and several liability of you and your representatives. Payment by you to your representative(s) shall not discharge your liability to ABQ. The rights of ABQ shall in no way be affected by any dispute or claim between you and your representative(s).

6. An order may be cancelled by you or your representatives providing written notice of such cancellation to ABQ no later than the 3rd day after your order is received by ABQ. In the event of any order cancellation, you and your representatives shall remain liable for the cost of any work performed or materials purchased in respect of your order, including the cost of services, paper and/or printing.

7. You and your representatives agree to reimburse ABQ for its attorneys’ fees and costs in collecting any unpaid amounts in respect of your order.

8. Except for rates agreed to in writing by you and ABQ, rates and units of space for each order shall be at the standard rates set forth in the media kit on the date the applicable insertion order is received by ABQ.

9. Any commissions charged by your representative are your sole obligation and liability.

10. Except as provided below with respect to tangible products, payment is due by the earlier of (i) the listed due date in the applicable order and (ii) 45 days from the date your order is received by ABQ. With respect to those orders requiring delivery by ABQ of a tangible product (such as follow up stories, photoshoots, e-prints and additional copies of ABQ), ABQ must receive payment in full prior to delivering any such tangible products to you. Notwithstanding anything to the contrary contained herein or the applicable order, in the event full payment is not received by ABQ on or prior to the due date as provided in this subsection, the rates for the applicable order shall increase to the standard rates set forth in the then current media kit and full payment of such amount shall be immediately due and owing; provided, however, in the event the rates for the applicable order are already based on the standard rates set forth in the then current media kit or the rates for the applicable order are not set forth in the then current media kit, interest will be charged on the outstanding balance at 2.0% per month.

11. ABQ has not made any representations to you or your representative(s) that are not contained herein. No addition or alteration to these terms and conditions shall be valid or enforceable unless expressly agreed to in writing by ABQ. Unless expressly agreed to in writing by ABQ, no other terms or conditions in contracts, orders, copy, instruction, or other documents furnished by or on behalf of you or your representative(s) (regardless of when received by ABQ) will be binding on ABQ.

12.You agree not to hold ABQ or its affiliates responsible for any liability, loss, cost, claim, damage or causes of action of any kind that you may suffer as a result of the transactions contemplated by your order, including, but not limited to, loss resulting from service delays and incomplete or interrupted service, regardless of cause or fault.