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This document governs all orders. No other
conditions, printed or otherwise, will apply unless
agreed to in writing and signed by TV Guide and the
advertiser. In the event TV Guide and the
advertiser have entered into a written agreement,
the terms of this document will supercede any
conflicting provisions and will govern all matters
not specifically addressed by such Agreement.
TV Guide bears no liability for failure to publish
or distribute any issues or copies of the magazine
due to strikes, work stoppages, fires, acts of God
or any other circumstances that are out of its
reasonable control.
Advertisers and their agencies are jointly and
severally liable for payment of all advertising
invoiced. TV Guide does not accept insertion orders
containing sequential liability or liability
disclaimer clauses. Such clauses are automatically
void.
Any advertising materials submitted must meet all
state and federal laws, and U.S. Postal
requirements.
Advertisers and their agencies may not use the name
"TV Guide" or the TV Guide logo in advertising or
promotional materials without written permission
from TV Guide.
TV Guide reserves the right
to review advertising materials before accepting
any orders and may refuse any ad in any edition for
any reason at any time and may do so without
notifying an advertiser or its agency, even if TV
Guide previously agreed to run the ad.
Advertisements must be clearly recognizable as
such. If not, and TV Guide judges in its sole
discretion that the ad resembles editorial matter,
the ad may be rejected or labeled: "Advertisement."
The label "Advertisement" must be positioned at the
top of the ad.
TV Guide's liability to any advertiser for any
error for which it may be held legally responsible
will not exceed the cost of the space ordered or
occupied by the error. This specifically includes,
without limitation, errors in key numbers. TV Guide
will not, in any event, be liable for loss of
income or profits or consequential damages.
Advertisers and their agencies are solely
responsible for the content of all their
advertising materials submitted to TV Guide, as
well as for obtaining any necessary written
releases or permissions if an ad pictures or names
a person, living or dead, or contains any material
protected by the copyright, trademark or other
proprietary rights laws. Moreover, if an ad, for
any reason, is found to violate anyone's right of
privacy or publicity, if any part of it is found to
have been plagiarized, if it infringes on any
trademark or copyright, violates U.S. Postal
regulations or any state or federal law, or is
found to be defamatory, disparaging, inaccurate or
for any other reason causes legal claim action to
be brought against TV Guide, its parents,
affiliates, officers, directors, or employees, the
advertiser and advertising agency shall indemnify
and hold TV Guide harmless from all loss, damages
or expense, including defense costs. This applies
even if TV Guide has approved the advertising
materials in question prior to publishing them.
Tune-in advertising that directs the reader to
check for alternative air-times may not use the
language "Check Your Local Listings."
TV Guide needs to approve any language regarding
alternative airtimes. Please consult your TV Guide
sales representative for guidelines.
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