Advertising Terms & Conditions

THIS AGREEMENT between MUSEUM AMERICA (herein after referred to as the “Publisher”) and the advertising company, recognized museum, and/or advertising agency named on the Advertising Insertion Order (herein after referred to as the “Advertiser”) is binding to the following Terms & Conditions:
  1. In consideration of publication, Advertiser and its Agency agree to indemnify and hold Publisher harmless against any expense or loss by reason of any claims arising out of publication.

  2. All contents of advertisements are subject to Publisher’s approval. Publisher reserves the right to reject or cancel any advertisement, insertion order, space reservation or position commitment at any time. Publisher shall not be liable for any costs or damages if for any reason Publisher fails to publish an ad or for errors in key number or advertisers index.

  3. Conditions, other than rates, are subject to change by the Publisher without notice. Rates are subject to change upon notice from the Publisher. Cancellation of any space reservation by the Advertiser or its Agency for any reason other than a change in rates will result in an adjustment of the rate (shortage) based on past and subsequent insertions to reflect actual space used at the earned frequency or volume rate.

  4. Cancellation or changes in orders may not be made by the Advertiser or its Agency after closing date. Advertisements not received by closing date will not be entitled to approval or revision by Advertiser or its Agency.

  5. Positioning of advertisements is at the discretion of the Publisher and “Run of Press” (ROP) except where request for a specific position is acknowledged, in writing, by the Publisher.

  6. Inclusion of an advertisement is not to be construed or publicized as an endorsement or approval by the Publisher, or its affiliates, nor may the advertiser promote that its advertising claims are approved or endorsed by the Publisher or its affiliates.

  7. Final reproductive quality of any materials provided that do not meet the defined specifications of the publication are not the responsibility of the Publisher.

  8. Artwork, format, and layout should be such as to avoid confusion with editorial content of the publication. The Publisher reserves the right to insert the word “Advertisement” above or below any materials to avoid confusion.

  9. No conditions other than those set forth here shall be binding on the Publisher unless specifically agreed to in writing by the Publisher.

  10. Publisher is not liable for delays in delivery and/or non-delivery in the event of an Act of God, action by any governmental or quasi-government entity, fire, flood, insurrection, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slow-down, or any condition beyond the control of Publisher affecting production or delivery in any manner.

  11. Unless otherwise agreed by the Publisher in writing, the Publisher shall invoice the Advertiser or the Advertiser’s Agency for all amounts as they become due, which shall be after the date of first publication of the applicable advertisement. The Advertiser or its Agency shall pay all invoices within 30 days of the date of the invoice. Commissioned Agencies of Record may deduct 15% off the total cost of the advertising order.

  12. Publisher has the right to hold Advertiser and its Agency jointly and severally liable for monies due and payable to Publisher for advertising ordered and published. Should collection efforts become necessary, Advertiser and its Agency agree to pay all attorney fees incurred in connection with collection of advertising that was published.

  13. Advertisements are accepted by the Publisher on the representation that the Advertiser and/or Advertising Agency are properly authorized to publish the entire contents and subject matter thereof. When advertisements containing the names, pictures, and/or testimonials of living persons are submitted for publication, the order or request for the publication thereof shall be deemed to be a representation by the Advertiser and/or Advertising Agency that they have obtained written consent of the use in the advertisement of the name, picture, and or testimonials of any living person which is contained therein. It is understood that the Advertiser and/or Advertising Agency will indemnify and save the Publisher harmless from and against any loss, expense or other liability resulting from any claims or suits for libel, violation, or rights or privacy, plagiarism, copyright infringement and any other claims or suits that may arise out of the publication of such advertisement.

  14. Submitted advertising insertion orders may not be assumed or transferred by the Advertiser or Agency.

  15. All matters not specifically covered in these Terms & Conditions are subject to the sole discretion and final decision of the Publisher.