Podnews LLC: Advertising Contract, Terms and Conditions

Podnews LLC: Advertising Contract, Terms and Conditions

1. ADVERTISING. The advertiser shall purchase the advertising package at the rate listed and for the duration specified in the contract.
2. POSITIONING. Except as otherwise expressly provided in the contract, positioning of the advertisements in Podnews is at the sole discretion of Podnews LLC. Advertiser acknowledges that Podnews LLC has not made any guarantees with respect to usage statistics or levels of impressions for any advertising except where expressly stated in the contract.
3. ACCEPTANCE OF ADVERTISEMENTS. Podnews LLC may, at its sole discretion, reject any advertisements.
4. CANCELLATION. There are no cancellations once a campaign is booked. A campaign can be postponed or suspended by an Advertiser with thirty days notice, for a maximum of sixty days. If a campaign is postponed or suspended, Podnews LLC cannot guarantee an exact duplication of the campaign, due to a potentially limited inventory.
5. PAYMENT. The Advertiser shall make payment upon receipt of the Podnews LLC invoice. In the event that the account becomes past due, in addition to other remedies as it may have, Podnews LLC shall be relieved of its obligation to perform the advertising services under this Contract and the full of the contract shall immediately become due and payable by the Advertiser. The Advertiser must also reimburse Podnews LLC for all expenses incurred in connection with the collection of amounts payable, including court costs and attorneys’ fees.
6. LIMITATION ON LIABILITY. Advertiser assumes all liability for content of advertising, and agrees to hold harmless, and will indemnify Podnews LLC from all claims, losses, judgments, and damages arising there from. Liability from typographical errors, wrong insertions, late publications, and/or non-publication, non-performance due to acts of God, as well as other matters the Advertiser might raise relevant to this Contract, is limited to the amount charged to the Advertiser by Podnews LLC for the applicable advertisement. Claims for an allowance of such matters must be made within seven (7) days of the first occurrence.
7. FORCE MAJEURE. Each party hereto shall be excused from liability to perform its obligations hereunder where such failure results from details caused by Acts of God, fires, floods, strikes, work stoppages, controls or regulation of federal, state or local governments, or other causes beyond its reasonable control.
8. ASSIGNMENT. This Agreement may not be assigned or transferred by the Advertiser.