Apracticalwedding.com (the “APW” or the “Site”) is owned and operated by Practical Media, Inc., a California corporation. This Agreement shall govern the relationship between “you” (the advertiser) and “us, we, APW or the Site” (Practical Media, Inc.).
We pride ourselves in our work and the integrity of our community and therefore reserve the right, at our sole discretion at any time, to review, and either approve or reject any advertisement submitted for publication.
As an advertiser with APW you agree to abide by the requirements of the following “Sanity Pledge.”
THE SANITY PLEDGE
…a wedding is an awesome party, but it’s the marriage that matters.
…it takes two people to get married. It’s not all about the bride (and sometimes there isn’t a bride, to begin with).
…we support LGBTQ couples right to marry and are delighted to work with them.
…we will be upfront and fair about our pricing. We won’t surprise you with a secret fee because you want frosting on the cake, not just the cake.
…however you decided to tie the knot; we’re on your team.
…I agree to conduct my business in a way that upholds the best business practices of my profession.
This pledge shall serve as a code of conduct for you in your interaction with readers of APW and with us. To the extent you violate the Sanity Pledge, we reserve the right to terminate our relationship subject to the terms below.
TERM AND TERMINATION
The term of this Agreement shall begin on the date payment is received in full and shall continue for the duration of the advertisement period.
(A) TERMINATION BY ADVERTISER.
To the extent we default in our obligations, you should send us written notice outlining the default, and if we do not remedy the default promptly, you may terminate this agreement.
(B) TERMINATION BY THE SITE.
Practical Media, Inc., reserves the right to terminate this agreement at any time. In the case of termination, Practical Media, Inc., will refund you for any payments made on advertising, prorated to exclude advertising already ran or services performed. If termination is due to late payment or nonpayment under this contract or violation of the “Sanity Pledge,” we retain the right to remove all current and archived content related to your advertising with us.
SPONSORED POST DEADLINES
We have a limited of number sponsored post slots. Therefore to accommodate our schedule and the schedule of other advertisers, if required, we reserve to right to move the ad publication date for any sponsored posts. For sponsored posts, we must receive all ad materials in publication ready format at least forty (40) business days before ad publication date unless otherwise agreed to in writing. If you fail to provide the ad materials to us on time, we reserve the right to cancel the sponsored post at our discretion or reschedule the ad publication date and charge you an additional fee of $200.00.
All payment must be made in full before the display of any ad. Failure to make payment will result in delays in the posting of the ad on the site. If Payment is returned for insufficient funds, you will be assessed a $50 fee and the ad will be removed from the site until payment is made in full. Late payment will be subject to a late payment fee of 5%.
RATES AND TAXES
We reserve the right to update or change the rates without notice. Rates listed in our current Rate Sheet do not include taxes. If any federal, state or local taxes are imposed on the creation of online advertising or on the sale of online advertising, such taxes shall be assumed and paid by you.
NO PERFORMANCE GUARANTEE
Please note that we do not make any guarantees as to the results of any advertisements on our Site or that any such advertisements will be error-free. We provide you with estimated usage statistics as a matter of courtesy. We make no representation or warranty about pageviews, clicks, conversions, return on investment or bookings.
To the extent you are listed on our Vendor Directory page, you acknowledge that once a form submitted no non-factual edits, additions, amendments or deletions may be made without a $25 charge. APW reserves the right to edit the Vendor Directory submission.
REPRESENTATIONS AND WARRANTIES
You represent and warrant to us (1) that you are (or you are an authorized representative) of the seller of the goods and services provided; (2) you are authorized to enter into this Agreement; and (3) you are the holder of all proprietary rights, trademarks, copyrights, and patents related to the goods/services stated in the order form.
All submitted content is accepted and published in reliance on your representations that you are authorized and have the appropriate permission to license such content to our Site for publication. You at this moment agree to issue, a non-exclusive, limited license, to us for the use of any logo, trademark, or other branding material that you submit to us. We agree that the license is limited to the publication on our site only, and we agree not to use your proprietary materials for any other purpose. In no event will we tolerate the submission of infringing material. To the extent possible under U.S. Law, Practical Media, Inc., is not liable for any copyright, trademark, trade secret, or other proprietary infringement arising from any materials (including advertisements) posted, shared, uploaded or otherwise transmitted on our site.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PRACTICAL MEDIA, INC., ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE OR OBLIGATED TO YOU OR ANY THIRD PARTY IN ANY MANNER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND REGARDLESS OF THE FORM OR CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGES IN ADVANCE, PRACTICAL MEDIA, INC.’S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF THIS AGREEMENT OR AS A RESULT OF ANY ERRORS, OR OMISSIONS SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES PAID HEREUNDER. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PRACTICAL MEDIA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT WARRANT OR GUARANTEE THAT THE SERVICES OFFERED ON OR THROUGH THE WEBSITE SHALL BE UNINTERRUPTED OR ERROR-FREE, THAT THE ADVERTISEMENT WILL BE ERROR-FREE, OR THAT PARTICIPATION WILL RESULT IN ANY REVENUE OR PROFIT FOR YOU.
You agree to indemnify, defend and hold harmless Practical Media, Inc. and each of its officers, directors, owners, employees, agents, and representatives from and against all third party actions, suits, losses, liabilities, claims, expenses, damages, and costs of every kind including reasonable attorney’s fees arising out of (1) a material breach of any of the representations, warranties or covenants set forth herein, (2) any claim resulting from injury or death as a result of services or goods offered by your business, or (3) any claim resulting from the your breach of applicable law, negligence, or willful misconduct. You hereby release us, our subsidiaries, affiliates, sponsors, advertisers, and their respective owners, officers, managers, employees, and agents from any liability in connection with this Agreement, and shall indemnify, defend and hold harmless all of them with respect to, any and all costs, claims, damages, liabilities, losses, judgments, costs and expenses, including attorney’s fees arising out of or in connection with the your violation of this Agreement or any law or regulation.
This Agreement and any order form constitute the entire and exclusive understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect. This Agreement cannot be modified or terminated, nor may any of its provisions be waived, except by a written agreement of the parties. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable for any reason, then the remainder of this Agreement shall nevertheless remain in full force and effect. The Indemnification provision shall survive the term of this Agreement. This Agreement and the rights and obligations of the parties under it are governed by and interpreted in accordance with the laws of the State of California.