Published: August 17, 2016.
1. The Pacific Tribune reserves the right to edit, revise or reject any advertising. All advertising is subject to the terms and specifications on The Pacific Tribune Advertise With Us page.
2. The Pacific Tribune shall be under no liability whatsoever by reason of error, including any translation error, for which it may be responsible in any advertisement beyond liability to give the advertiser or advertising agency credit for as much of the space occupied by the advertisement as is materially affected by the error; and its obligation to give such credit shall not apply to more than one incorrect insertion under any contract or order unless it is notified of the inaccuracy prior to the deadline for repetition of the insertion.
3. The Pacific Tribune does not guarantee any given level of circulation or readership for an advertisement.
4. The advertiser and advertising agency assume liability for all content (including text representation and illustrations) of advertisements published and also assume responsibility for any claims arising therefrom made against The Pacific Tribune, including costs associated with defending against such a claim.
5. All advertising copy that might be mistaken by a reader as news, feature or other non advertising materials must be clearly marked “advertisement.” In the event such copy is not clearly marked, the “advertisement” notation will be added by The Pacific Tribune.
6. All positions are at the option of The Pacific Tribune. In no event will adjustments, reinstatements or refunds be made because of the position and/ or section in which an advertisement has been published. The Pacific Tribune will try to comply with position requests and other stipulations that appear on insertion orders, but cannot guarantee that they will be followed. Payment of a premium position fee does not guarantee positioning. In the event that The Pacific Tribune is unable to provide the requested positioning, the premium position fee will be refunded. Customer service representatives and Account Managers are not authorized to modify this provision or to guarantee positioning on behalf of The Pacific Tribune.
7. The Pacific Tribune shall be under no liability for its failure for any cause to insert an advertisement.
8. The Pacific Tribune reserves the right to convert all advertisements published in The Tribune into digital and audio-text formats within other Pacific Tribune products, including the right to publish such advertisements electronically on the Internet.
9. The advertiser or advertising agency shall pay the cost of composition of advertisements set but not used.
10. Advertiser (and agency) may not resell any advertising or advertising space.
11. Charges for changes (not corrections) from original layout and copy will be based on current composition rates.
12. The Pacific Tribune will not be responsible for errors appearing in advertisements that are placed too late for proofs to be submitted or for errors due to delivery of printing materials past published deadlines from the advertiser or advertising agency or from a third party designated by the advertiser or advertising agency as a source for printing material.
13. Advertisers are responsible for checking the accuracy of the proofs they request. The advertiser should carefully check the entire ad proof, including areas in which changes or corrections were not requested.
14. Cancellations, changes of insertion dates and/or corrections must conform to published deadlines.
15. Multi-insertion orders will be accepted only when in writing. Cancellation of multi-insertion orders must be confirmed in writing.
16. The Pacific Tribune does not assume any liability for the return of printing material in connection with advertising unless a specific written request is received to hold such material subject to order for a period not exceeding 30 days.
17. Claims for errors must be made within 30 days following publication date.
18. All referral ads must be complete ads with point of contact clearly indicated.
19. On advertising where credit is allowed, monthly accounts are due and payable on or before the fifteenth (15th) of the month following publication, and in the case of weekly accounts, payments are due and payable net fourteen (14) days from the statement date. When any part of an account for advertising becomes delinquent, then the entire amount owed shall become due and payable and The Pacific Tribune may refuse to publish further advertising. In this event, the advertiser or agency shall pay for advertising space actually used according to the rate earned at the time of the delinquency.
20. Extension of credit to advertising agencies is based on the agency’s acceptance of sole liability for all advertising placed by it and billed to its account. No endorsement, statement or disclaimer on any insertion order, check or letter shall act as an accord or satisfaction, or as a waiver of this condition unless and until it is accepted by The Pacific Tribune by a separate written agreement signed by a duly authorized representative of The Pacific Tribune. In the event of nonpayment of any agency account, prior to referring said account for third party collections, The Pacific Tribune reserves the right to contact the agency’s client(s), as disclosed principal(s), for payment. If the outstanding balance is still not satisfied, The Pacific Tribune may proceed with collections against both the agency and its client(s). No such action on the part of The Pacific Tribune shall relieve the agency of liability for the debt.
21. Payment of all undisputed invoices must be made within Pacific Tribune terms.
22. There will be a $25.00 charge for any check not honored by the bank. Returned checks must be replaced with certified/cashier/wire transfer funds within 48 hours of notification. The Pacific Tribune reserves the right to withhold further advertising pending receipt of replacement funds.
23. In the event an account is referred to a third party for collection, advertiser agrees to pay collection and/or attorney fees, as well as court costs incurred to effect collection.
24. Payment of account is not dependent upon receipt of tearsheets, either physical or electronic.
25. Incorrect rates on insertion orders that do not correspond to the rate card will be regarded as clerical errors and the advertisements will be published and charged at the applicable rates in effect at time of publication.
26. Insertion orders are accepted by The Pacific Tribune subject to the foregoing terms and conditions. Terms, conditions, rates or agreements not set forth herein or in then-current rate schedules are not binding on The Pacific Tribune. Customer service representatives and Account Managers are not authorized to modify these terms and conditions.