| ADVERTISING
- TERMS AND CONDITIONS

PLEASE CALL OR EMAIL OR FAX EITHER OF OUR OFFICES WITH
ADVERTISING ENQUIRIES AND WE WILL BE MORE THAN HAPPY TO HELP YOU.
Terms and Conditions (see also Terms & Conditions on PDF printable
version of Advertising Rates sheet)
The following terms and conditions, in addition to those listed on the
Charter Index Rate Sheet, are agreed to by Charter Index Limited (the
Publisher)
and the Advertiser whose signature appears on the other side of this Order
Form.
1. The Advertiser represents and warrants that it is fully authorised
to publish the entire contents and subject matter contained in it's advertisement(s)
including the names, portraits and pictures of any persons living or dead,
any copyrighted material, trademarks and depictions of trademarked goods
and services and any testimonials or endorsements contained in any information
or art submitted to and published by the Publisher. The Advertiser also
represents and warrants that the entire contents of each advertisement
is accurate and complete and is not misleading.
2. The Publisher shall not be liable for and the Advertiser releases the
Publisher from all liability in connection with errors in telephone, email
and fax
numbers or changes in an advertisement's text required by an Advertiser,
any loss, claim, damage, liability, cost or expense (including consequential
damages) resulting from either the failure of advertisement(s) to appear
or of the appearance of any errors in the advertiment(s) as published
or any
delays in delivery or non delivery of an advertisement by the Publisher
in the event of acts of God, action by any government or quasi-government,
fire, flood, accident, explosion, embargo, strike, labour or material
shortage, transportation interruption or any other condition beyond the
control of the
Publisher affecting production or delivery in any manner.
3. The Advertiser agrees to indemnify and save harmless the Publisher
and it's owners and employees against all loss, liability, damage and
expense of
any nature (including reasonable legal expenses) arising out of the copying,
printing or publishing of the Advertiser's advertisement(s) or inclusion
of
any such advertisement(s) in the Charter Index and resulting from claims
including without limitation claims or suits for libel, violation of rights
of privacy
and publicity, unfair competition, intentional or negligent infliction
of emotional distress and copyright and/or trademark infringement, violation
of
applicable federal, state or local laws or regulations or the inaccuracy,
incompleteness or misleading nature of any advertisement(s) supplied by
the
Advertiser.
4. Conditions other than rates are subject to change by the Publisher
without notice.
5. Contents of all advertisements are subject to the Publisher's approval.
The Publisher reserves the right to reject any advertisement or space
reservation at any time if the Publisher deems the advertisement to be
unacceptable.
6. Positioning of advertisements is at the discretion of the Publisher
unless an arrangement for a specific preferred position is acknowledged
by the
Publisher in writing.
7. Rates, based on participation in the specified number of consecutive
editions, are set out on the Charter Index Rate Sheet and are guaranteed
only for
the contract period. Less than 4 consecutive insertions on this Order
Form will each be billed at the single issue rate. Rates appearing on
the Rate Sheet
do not include commission.
8. Cancellation of space may result in an adjustment of the rate already
charged if that rate was discounted for any reason referred to (e.g. the
4 x
multiple insertion rate) on the Rate Sheet.
9. The Charter Index is published and the Advertisers will receive invoices
in accordance with the publishing cycle specified on the Rate Sheet and
this Order Form. Terms are net 30 days. The Advertiser shall be liable
for all amounts due and payable to the Publisher for the advertising space
ordered by the Advertiser.
10. Materials not received by the Publisher by the specified closing dates
may prejudice publication and cannot be quality checked and will not be
entitled to approval or revision by the Advertiser. The Publisher may
exercise the right to publish existing material to fulfill multiple insertion
orders
if new material is not received by the closing date for each edition.
11. Production requirements are as specified on the Rate Sheet.
12. The Advertiser agrees to allow the Publisher to use the Advertiser's
material for self promotion including but without limitation activities
such as
display at industry events, illustration in sales materials and brochures
relating to Charter Index and for use in public relations activities.
13. The advertiser shall ensure that all advertisements comply with all
applicable federal, state and local laws and regulations.
14. The Terms and Conditions herein and on the Charter Index Rate Sheet
shall be binding on the Publisher and the Advertiser. The Publisher shall
not
be bound by conditions printed or appearing on order forms or copy instructions
submitted by or on behalf of the Advertiser.
15. The Publisher shall have the right, upon reasonable notice, to terminate
this Agreement in the event of material breech of the Agreement by the
Advertiser.
16. The Advertiser may not assign any of it's rights or obligations other
than to a purchaser of all or substantially all of the assets of the Advertiser
who
agrees in writing to be bound by all of these Terms and Conditions and
who agrees to assume all of the Advertiser's liabilities to Charter Index
Ltd.
17. The Advertiser hereby grants the Publisher a perpetual worldwide right
and license to use, display, publish, distribute, digitise, copy, perform,
license,
sublicense, transfer, make available or transmit any photographs provided
by the Advertiser in so far as such photographs shall have been provided
without inclusion of advertising copy or similar non-photographic material,
in any media or format not known or so far devised in connection with
the
Charter Index Ltd database of yacht information.
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