Halcyon Media advertising terms & conditions.
In these terms and conditions “the Advertiser” means the party who books the space
and/or any agent acting on his behalf and “the Publisher” means Halcyon Media, LLC.
These terms and conditions shall apply to all advertisements accepted for publication by
the Publisher except in so far as shall otherwise specifically be agreed in writing by the
Publisher, notwithstanding that the Advertiser may choose to provide a confirmation,
purchase order or any other document containing other terms and conditions and the
Advertiser shall not be entitled to rely on any representatives or warranty, express or
implied, not contained herein.
All advertisements are accepted subject to the Publisher’s approval of the copy and to the
space being available.
The Advertiser warrants that the advertisement does not contravene any statute
regulations made there under nor is it in any way defamatory or illegal or an infringement
of any other party’s rights.
The Publisher warrants that nothing in its publication contravenes any law, statute or
regulation and does not contain any material that is defamatory or illegal or an
infringement of any other party’s rights. Publisher represents and warrants that it will not
change any material provided by the Advertiser, including any legal disclaimers, without
the prior written approval of the Advertiser.
The Advertiser will indemnify and keep indemnified the Publisher in full against any
loss, costs and expenses howsoever incurred by the Publisher arising out of the
advertisement or in respect of any breach by the Advertiser of these terms and conditions.
The Publisher agrees to indemnify and hold the Advertiser, its affiliated companies, and
their respective officers, directors, employees, harmless from and against any loss or
expense arising out of their publication, including but not limited to Advertisers expense
in connection with the defense against any suit or proceeding arising from the claim that
any part of the publication (except for materials submitted to Publisher by Advertiser)
was in violation of any applicable law imposed or the rights of any third party or with
respect of any breach by the Publisher of these terms and conditions.
The indemnifying party will indemnify and hold harmless the indemnified party against
any liability, loss, damage, cost or expense (including reasonable attorneys’ fees)
incurred by that indemnified party relating to any claim, except to the proportional extent
the liability is caused by the gross negligence or intentional misconduct of that
indemnified party as determined by a final, non-appealable order of a court having jurisdiction.
The indemnifying party will not consent to the entry of a judgment or settle
without the indemnified party’s prior written consent, which may not be unreasonably
withheld. The indemnifying party will use counsel reasonably satisfactory to the
indemnified party, and the indemnified party will cooperate in the defense at
indemnifying party’s expense.
The Publisher reserves the right to omit an advertisement at any time in its absolute
discretion: such an omission shall be notified to the Advertiser as soon as possible. The
Publisher shall repay any sums paid to the Publisher in respect of the omitted
advertisement but shall not be liable for damages of any kind.
All reasonable care will be taken to avoid mistakes but the Publisher cannot accept
liability for errors due to inaccurate copy instructions or other acts or defaults beyond its
reasonable control. The Publisher shall not be liable for any errors in the advertisement
unless proof is returned in ample time for corrections to be made before the publication
goes to press.
The Publisher shall have no responsibility if the advertisement is not published on the
agreed date as a result of a strike, lock-out, fire, storm, flood, riot, explosion, breakdown
of machinery or other event over which the Publisher has no control.
Advertisements are accepted on condition that the price binds the publisher only in
respect of the contracted issue going to press.
Invoices are strictly net payable by the Advertiser without set off or deduction on the
following terms: Net 30 days from receipt of completed magazine with invoice.
All insertions shall be submitted by the Advertiser by the closing date in an acceptable
electronic and/or mechanical form unless the Publisher receives the advertising in an
acceptable electronic and/or mechanical form as from the Advertiser, or if the Publisher
is required to perform additional production work as a result of the Advertiser’s failure to
conform to the Publisher’s requirements, the Publisher reserves the right to make
additional charges to the Advertiser for the cost of such production work.
If the Advertiser cancels, the following cancellation charges shall apply:-
Less than 30 days to copy date: Full (100%) charge to be paid by the Advertiser.
Cancellations shall only be effective upon receipt of written notice to the Publisher.
Notice to any other office, or to any other advertising agent of the Publisher’s is not
The Advertiser must supply copy to the Publisher by the copy date. If the copy
instructions are not received by the copy date, the Publisher may treat the Advertiser as
Advertiser’s property, artwork, etc. are held at the Advertiser’s risk and should be insured
by them against loss or damage from whatever cause.
Except for indemnification obligations, in no event shall the liability of the Publisher or
Advertiser for any breach of contract or in tort exceed the price paid by the Advertiser for
In no event shall the Publisher or Advertiser have any liability, either in contract or in tort,
for any consequential loss or damage including loss or profit.
This agreement shall be deemed to have been entered into in the USA, in the State of