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.
Inclusivity PLEDGE
As an advertiser with APW you agree to abide by the requirements of the following “Inclusivity Pledge.”
… A wedding is an awesome party, but it’s the marriage that really matters.
… However you decide to tie the knot, we’re on your team.
… 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 will not discriminate based on race, color, religion, sex, national origin, ancestry, disability, marital, family, pregnancy status, sexual orientation, gender identity, gender expression, veteran or citizenship status.
… We support LGBTQ+ couples right to marry, and we are delighted to work with them.
… We strive to make our language and marketing inclusive of the above. (E.g. not directed at “The Bride” or “Bride and Groom” or “His and Hers”.)
… 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.
… We agree to conduct our 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 Inclusivity 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. (The advertisement period includes the current duration of the course specified in your invoice.)
(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.
PAYMENT
The program rate is one payment of $1,500 or 5 payments of $350. Either the total course amount of $1,500 or the first payment of $350 must be received in full within 7 days to hold your place in the program. If you choose the payment plan, 4 future payments will be automatically billed monthly 30 days from the date of the initial payment. All payments must be made in full. Late payment will be subject to a late payment fee of 5%. If a payment is returned for insufficient funds, you will be assessed a $50 fee. In the event of non-payment, your membership will be placed on hold until payment is made in full. Payments are not refundable for any reason.
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 thirty (30) 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.
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 courses or advertisements on our Site or that any such courses or advertisements will be error-free. We make no representation or warranty about pageviews, clicks, conversions, results, return on investment or bookings. Please note that we do not make any guarantees as to the results of any courses on our Site or that any such courses will be error-free. We provide you with estimated usage statistics on request as a matter of courtesy. All teachers and course topics are subject to change. There will be no replacement classes for students who missed a lesson. We will endeavor to provide a recording of all lessons, but that is subject to change depending on the availability of said recording.
VENDOR FORM
APW reserves the right to edit the Vendor Directory submission. The can include, but is not limited to, correcting typos, outdated links, or misrepresentations.
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.
LIMITED LICENSE
All promotional materials submitted 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.
INDEMNIFICATION
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.
Mediation and Forum
In the event a dispute shall arise between the parties to this Agreement, the parties agree to participate in a mediation in accordance with the mediation procedures of United States Arbitration & Mediation prior to any legal action. The parties agree to share equally in the costs of the mediation. Should the Parties be unable to settle any dispute through Mediation, the Parties Agree that the forum for any legal action shall be limited to the Superior Court of California, County of Alameda, unless an alternative forum is agreed to through mutual written consent. The Parties agree to submit to the person jurisdiction of the Superior Court of California, County of Alameda and that each party will cooperate in the service of process in their place of residence.
ENTIRE AGREEMENT
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.
