WEDDING DAY MATCH DIGITAL ADVERTISING TERMS AND CONDITIONS

Updated April 2024

The following are certain terms and conditions governing advertising published by Wedding Day Match (“Publisher”) through its digital magazine Celebrate Weddings Magazine (the “Magazine”) and through Publisher on any third party Websites, Apps and/or any other platform or service (including, but not limited to, Instagram, YouTube, etc.) (collectively, the “Third Party Services”). The Magazine together with the Third Party Services shall be collectively referred to herein as the “Service”.

These terms and conditions may be revised by Publisher from time to time. For the latest version, please check back on this page. Payment for placement of advertising in the Magazine, and/or delivery of advertising materials to Publisher for inclusion in the Magazine or Service, constitutes acceptance of the following terms and conditions by both the advertiser (“Advertiser”) and any agency or other representative acting for or on behalf of Advertiser (“Agency”). And, to the extent ads are placed on any Third Party Services, such placement also constitutes Advertiser’s (and, if applicable, Agency’s) agreement to such Third Party Services’ then-applicable terms and conditions.

No terms or conditions in any insertion orders, reservation orders, blanket contracts, instructions or documents that are submitted or maintained by Agency or Advertiser will be binding on Publisher, unless expressly authorized in a writing signed by a senior executive of Publisher.

PAYMENT

1. Publisher has sole discretion over payment terms for advertising. Publisher may change the payment terms from time to time and without limiting generality of the foregoing may require Advertiser to make payment in advance of the release date of the relevant Magazine issue.

2. Agency and Advertiser are jointly and severally liable for the payment of all invoices arising from placement of advertising in the Magazine and for all costs of collection of late payment.

3. Invoices are rendered upon commitment to advertise in the Magazine. Payments are due in full, without deductions or set-offs, upon receipt of the invoice. Advertiser and/or Agency acknowledge and agree that the invoice is paid in consideration of the Publishers services, of its forfeiting its opportunity to fill the pages secured by Advertiser and/or Agency to other clients, and of its right to secure a claim upon its services. The payment of invoice amount is considered earned in its entirety when the Publisher reserves the pages in Magazine Advertiser and will not be refunded once the reservation process has commenced, even if Advertiser or Agency ultimately decides not to proceed with the advertisement as described on the individual invoice. All payments must be in United States currency.

4. Advertiser shall pay all international, federal, state and local taxes on the advertising materials and on the sale of ad space.

CANCELLATION AND CHANGES

1. Publisher expressly reserves the right to reject or cancel for any reason at any time any insertion order or advertisement without liability, even if previously acknowledged or accepted. In such event, Publisher will provide written notice to Advertiser or Agency.

2. Advertisers may not cancel orders for, or make changes in, advertising after the issue closing date as published in Publisher’s Media Kit. Cancellation of orders or changes in advertising to be placed on covers, in positions opposite content pages, and for card inserts will not be accepted after the date thirty (30) days prior to the issue closing date. In the event Publisher accepts cancellation after any of the foregoing deadlines, such acceptance must be in writing.

IMPRESSION, READERSHIP OR ENGAGEMENT GUARANTEES AND CALCULATIONS

Publisher makes no guarantee or representation as to the quantity and/or quality of visits, impressions, reads, clicks, or other usage of Third Party Services or Magazine of the advertisement, or as to the use of any particular tracking or information-gathering devices, unless Publisher expressly agrees otherwise in writing. Advertiser and Agency acknowledge and agree that advertisements and ad impressions Published on Third Party Services and Magazine may reach end users located in and/or outside the United States. In addition, all impressions and/or other measurements of advertisements for Magazine shall be based solely on Publisher’s calculations. All impressions and/or other measurements of advertisements for a Third Party Service shall, at Publisher’s sole discretion, either be based on Publisher’s calculations or such Third Party Services’ calculations. All Publisher statistics are based upon prior reporting and calculations and only used as a basis for determining the Magazine’s advertising rates.

PUBLISHER’S LIABILITY

1. Publisher is not liable for any failure or delay in publishing the issue of the Magazine in which advertising is placed that is caused by, or arising from, an act of God, accident, fire, pandemics, public health emergencies, failure of transportation, strike, acts of governments, terrorism or other occurrence beyond Publisher’s control.

2. Publisher is not liable for any failure or delay in publishing in the Magazine any advertisement submitted to it. Publisher does not guarantee positioning of advertisements in the Magazine, is not liable for failure to meet positioning requirements, and is not liable for any error in key numbers. AS MAY BE APPLICABLE, PUBLISHER WILL TREAT ALL POSITION STIPULATIONS ON INSERTION ORDERS AS REQUESTS. Publisher will not consider any objections to positioning of an advertisement.

3. The liability of Publisher for any act, error, omission or other matter for which it may be held legally responsible shall not exceed the cost of the ad space affected by the error. In no event shall Publisher be liable for any indirect, consequential, special or incidental damages, including, but not limited to, lost income or profits. The foregoing limitations shall apply to the greatest extent permitted by law and regardless of the theory under which liability is asserted.

MISCELLANEOUS

1. Agency and Advertiser jointly and severally represent and warrant that each advertisement submitted by it for publication in the Magazine, and all materials contained therein (collectively, the “Ad Materials”) including, but not limited to, Ad Materials for which Publisher has provided creative services, contains no copy, illustrations, photographs, text or other content or subject matter that violate any law, infringe any right of any party, and/or is libelous, defamatory, obscene, disparaging, racist, hateful or scandalous. As part of the consideration and to induce Publisher to publish such advertisement, Agency and Advertiser jointly and severally shall indemnify and hold harmless Publisher from and against any loss, liability, damages, fines, penalties, and related costs and expenses (including attorneys’ fees) (collectively, “Losses”) arising from publication of such Ad Materials in any applicable editions, formats or derivations of the Magazine, including, but not limited to: (a) claims of invasion of privacy, violation of rights of privacy or publicity, trademark infringement, copyright infringement, libel, misrepresentation, false advertising, or any other claims against Publisher; or (b) the failure of such Ad Materials to be in compliance and conformity with any and all laws, orders, ordinances and statutes of the United States or any of the states or subdivisions thereof; or (c) any products, goods, services, programs, events, offers and promotions that are promoted by or referenced in the Ad Materials (and the fulfillment or non-fulfillment thereof).

2. Publisher may, in Publisher’s sole and exclusive discretion and without penalty to Publisher, reject and refuse to run any Ad Materials that Publisher believes: (a) do or may violate Agency’s and Advertiser’s representations and warranties set forth above; (b) are reasonably likely to be considered objectionable by a reasonable person; and/or (c) are likely to expose Publisher, Agency and/or Advertiser to heightened legal or reputational liability or risk for any reason.

3. In the event the Publisher provides contest or sweepstakes management services, email design or distribution, social media posts, or other promotional services in connection with advertisements placed in the Magazine, Agency and Advertiser jointly and severally represent and warrant that any materials, products (including, but not limited to, prizes) or services provided by or on behalf of Agency or Advertiser will not result in any claim against Publisher. As part of the consideration and to induce Publisher to provide such services, Agency and Advertiser jointly and severally shall indemnify and hold harmless Publisher from and against any Losses arising from such materials, products or services, including, but not limited to, those arising from any such claims.

4. Publisher’s acceptance of an advertisement for publication in the Magazine does not constitute an endorsement of the product or service advertised. Aside from a feature badge that may be offered to Advertiser or Agency given the depth of the Ad Materials, Advertiser or Agency may not use the Magazine’s name or logo in claims of endorsements.

5. The word “advertisement” will be placed above all advertisements that, in Publisher’s opinion, resemble editorial matter.

6. Advertiser and its Agency may not use any advertising space either directly or indirectly for any business, organization, enterprise, product, or service other than that for which the advertising space is provided by Publisher, nor may Advertiser or Agency authorize any others to use any advertising space.

7. The foregoing terms and conditions shall govern the relationship between Publisher and Advertiser and/or Agency. Publisher has not made any representations to Advertiser or Agency that are not contained herein. Failure by Publisher to enforce any of these provisions shall not be considered a waiver of such provision.

8. All terms and conditions of digital advertising and associated insertion orders, including but not limited to pricing information, shall be the confidential information of Publisher, and neither Agency nor Advertiser may disclose any such information without obtaining Publisher’s prior written consent.

9. This agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflicts of laws provisions. Any civil action or proceeding arising out of or related to this agreement shall be brought in the courts of record of the State of Florida in Palm Beach County or the U.S. District Court for the Southern District of Florida. Advertiser and Agency each hereby consents to the jurisdiction of such courts and waives any objection to the laying of venue of any such civil action or proceeding in such courts. ALL PARTIES WAIVE ALL RIGHTS TO TRIAL BY JURY.

ADDITIONAL COPY AND REGULATIONS

1. For advertising units less than full-page size, insertion orders must specify if advertisement is vertical or horizontal configuration. Insertion orders for all advertising units must state if advertisement carries a coupon or discount code.

2. Advertising units of less than one-half page size are accepted based on issue availability as determined by Publisher.