Your purchase signifies your acceptance of the following terms and conditions.
The first months payment is due immediately upon signing this agreement. Additional issue balances is due by 5:00 p.m. on the Edition deadline date according to the table in the TCKidz Media Kit which can be found at http://www.tckidz.com/MediaKit.pdf.
ADVERTISING TERMS AND CONDITIONS:
1. The forwarding of an order is construed as an acceptance of all rates and conditions under which advertising is at the time sold.
2. The contract for advertising orders, rates and discounts shall be in writing. Cancellations and changes in ad copy must be made in writing.
3. In consideration of Publishers acceptance and publication of any advertisement, advertiser agrees to indemnify and hold Publisher, and its directors, employees, agents, and officers, harmless from and against any loss, liability or expense resulting from claims or suits based on the publication of such advertisements including, without limitations, claims for defamation, violations of rights of privacy, plagiarism and copyright infringements.
4. Publisher shall not be liable for any failure to print, publish or circulate all or any portion of any publication in which an advertisement accepted by Publisher is contained if such failure is due to acts of God, strikes, accidents, or other circumstances beyond Publishers control. In such instances, Publisher will publish said ad in next available publication.
5. All advertisements are accepted and published upon the representation that Advertiser is authorized to publish the contents and subject matter of the advertisement.
6. Cancellation of space or time contracts (by Publisher or Advertiser), in whole or in part, forfeits the right to the contract rate. Publisher will adjust the rate on past and subsequent insertions to conform to the actual space used at the applicable rate(s).
7. All advertising orders accepted are subject to the Terms and Conditions of the then current rate card. Publisher reserves the right to change any conditions that apply to future orders. Existing orders hold rate for space and issues as originally accepted by Publisher.
8. If errors occur in advertisements, Advertisers must notify Publisher in writing within 15 days following publication. Publishers sole liability for any error shall be limited to cost to print the space occupied by erroneous advertisement; credit for such cost shall be allowed on advertisements run in next issue. The parties agree it would be impractical and extremely difficult to determine actual damage for erroneous advertisement, and the foregoing is an agreement for liquidated damages. No liability or credit is allowed when error is in Advertisers proof or for errors which do not materially affect the value of the advertisement. Advertiser waives all claims for damages for errors or omissions caused by the negligence of Publisher, and its officers, employees and agents.
9. In the event Publisher allows credit, bills are due and payable within 30 days of invoice date. Past due bills bear interest at rate of 1.5% per month (18% per year), or at the maximum legal rate of interest, whichever is higher. After three months of non-payment, the contract will be discontinued. In the absence of an acceptable reason for non-payment, after six months the account will be turned over to RCA. If legal action is necessary for collection of delinquent accounts, Advertiser agrees to pay all attorneys fees, court costs and collection fees. Publisher reserves right to hold Advertiser and/or its advertising agency jointly and severally liable for such moneys as are due and payable to the Publisher.
10. Publisher may cancel contract if Advertisers account is past due. If contract is cancelled, Advertiser agrees to pay short rate for ads actually run.
11. Bills submitted by Publisher shall be final, binding and establish an account stated unless Advertiser makes written objection thereto within 15 days of invoice date.
12. All ads will be placed at the discretion of Publishers editors. After publication date, all advertising materials will be stored for 12 months and then destroyed unless written instructions to the contrary are submitted with space reservation. All materials are subject to approval. Proofs are not available.
13. Publisher will not accept for publication advertisements which violate the Companys Ethical Advertisement Code.
14. The general Terms and Conditions contained in this agreement may be modified only by an agreement in writing. This contract is governed by the laws of the State of Florida.
ETHICAL ADVERTISING CODE
The following is a statement of ethical advertising adopted by the EAS-405 Ethical Advertising Standard released by the International Charter organization. We believe all advertising should be legal, decent, honest and truthful and prepared with a due sense of social responsibility and should conform to the principles of fair competition. We reserve the right to terminate any advertising relationship or contract based on infringement of the beliefs of our company as outlined by the code below:
Decency: Advertisements should not contain statements or visual presentations which offend prevailing standards of decency.
Honesty: Advertisements should be so framed as not to abuse the trust of consumers or exploit their lack of experience or knowledge.
Social Responsibility: Advertisements should not condone any form of discrimination, including that based upon race, national origin, religion, sex or age, nor should they in any way undermine human dignity. Advertisements should not (without justifiable reason) play on fear. Advertisements should not appear to condone or incite violence, or to encourage unlawful or reprehensible behavior. Advertisements should not play on superstition.
Truthful Presentation: Advertisements should not contain any statement or visual presentation which directly or by implication, omission, ambiguity or exaggerated claim is likely to mislead the consumer, in particular with regard to characteristics such as: nature, composition, method and date of manufacture, range of use, efficiency and performance, quantity, commercial or geographical origin or environmental impact; the value of the product and the total price actually to be paid; delivery, exchange, return, repair and maintenance; terms of guarantee; copyright and industrial property rights such as patents, trade marks, designs and models and trade names; official recognition or approval, awards of medals, prizes and diplomas; the extent of benefits for charitable causes. Advertisements should not misuse research results or quotations from technical and scientific publications. Statistics should not be so presented as to exaggerate the validity of advertising claims. Scientific terms should not be used to falsely ascribe scientific validity to advertising claims.
Comparisons: Advertisements containing comparisons should be so designed that the comparison is not likely to mislead, and should comply with the principles of fair competition. Points of comparison should be based on facts that can be substantiated and should not be unfairly selected.
Unassembled Merchandise: When advertised merchandise requires partial or complete assembly by the purchaser, the advertising should disclose that fact, e.g., "unassembled," "partial assembly required."
Testimonials: Advertisements should not contain or refer to any testimonial or endorsement unless it is genuine, verifiable, relevant and based on personal experience or knowledge. Testimonials or endorsements that have become obsolete or misleading through passage of time should not be used.
Portrayal or Imitation of Personal Property: Advertisements should not portray or refer to any persons, whether in a private or a public capacity, unless prior permission has been obtained; nor should advertisements without prior permission depict or refer to any person's property in a way likely to convey the impression of a personal endorsement.
Exploitation of Goodwill: Advertisements should not make unjustifiable use of the name, initials, logo and/or trademarks of another firm, company or institution nor should advertisements in any way take undue advantage of another firm, person or institution's goodwill in its name, trade name or other intellectual property, nor should advertisements take advantage of the goodwill earned by other advertising campaigns.
Imitation: Advertisements should not imitate the general layout, text, slogan, visual presentation, music and sound effects, etc., of any other advertisements in a way that is likely to mislead or confuse the consumer. Where advertisers have established distinctive advertising campaigns in one or more countries, other advertisers should not unduly imitate these campaigns in the other countries where the former may operate, thus preventing them from extending their campaigns within a reasonable period of time to such countries.
Identification of Advertisements: Advertisements should be clearly distinguishable as such, whatever their form and whatever the medium used; when an advertisement appears in a medium which contains news or editorial matter, it should be so presented that it will be readily recognised as an advertisement.
Safety and Health: Advertisements should not without reason, justifiable on educational or social grounds, contain any visual presentation or any description of dangerous practices or of situations which show a disregard for safety or health.
Guarantees: Advertisements should not contain any reference to a guarantee which does not provide the consumer with additional rights to those provided by law. Advertisements may contain the word "guarantee", "guaranteed", "warranty" or "warranted" or words having the same meaning only if the full terms of the guarantee as well as the remedial action open to the purchaser are clearly set out in the advertisements, or are available to the purchaser in writing at the point of sale, or come with the goods.
Unsolicited products: Advertisements should not be used to introduce or support the practice whereby unsolicited products are sent to persons who are required, or given the impression that they are obliged to accept and pay for these products (inertia selling).
Claimed Results: Claims as to energy savings, performance, safety, efficacy, results, etc. which will be obtained by or realized from a particular product or service should be based on recent and competent scientific, engineering or other objective data.
Layout and Illustrations: The composition and layout of advertisements should be such as to minimize the possibility of misunderstanding by the reader. For example, prices, illustrations, or descriptions should not be so placed in an advertisement as to give the impression that the price or terms of featured merchandise apply to other merchandise in the advertisement when such is not the fact. An advertisement should not be used which features merchandise at a price or terms boldly displayed, together with illustrations of higher-priced merchandise, so arranged as to give the impression that the lower price or more favorable terms apply to the other merchandise, when such is not the fact.
Asterisks and Abbreviations: An asterisk may be used to impart additional information about a word or term which is not in itself inherently deceptive. The asterisk or other reference symbol should not be used as a means of contradicting or substantially changing the meaning of any advertising statement. Information referenced by asterisks should be clearly and prominently disclosed. Commonly known abbreviations may be used in advertising. However, abbreviations not generally known to or understood by the general public should be avoided.
Environmental Behavior: Advertisements should not appear to approve or encourage actions which contravene the law, self-regulating codes or generally accepted standards of environmentally responsible behavior.
Responsibility: Responsibility for the observance of the rules of conduct laid down in the Code rests with the advertiser, the advertising practitioner or agency, and the publisher, media owner or contractor. Advertisers should take the overall responsibility for their advertising. Advertising practitioners or agencies should exercise every care in the preparation of advertisements and should operate in such a way as to enable advertisers to fulfill their responsibilities. Publishers, medium-owners or contractors, who publish, transmit or distribute advertisements should exercise due care in the acceptance of advertisements and their presentation to the public. Those employed within a firm, company or institution coming under the above three categories and who take part in the planning, creation, publishing or transmitting of an advertisement have a degree of responsibility commensurate with their positions for ensuring that the rules of the Code are observed and should act accordingly.
Rules Apply to Entirety of Advertisement: The responsibility for observance of the rules of the Code embraces the advertisement in its entire content and form, including testimonials and statements or visual presentations originating from other sources. The fact that the content or form originates wholly or in part from other sources is not an excuse for non-observance of the rules.
Effect of Subsequent Redress for Contravention: While an advertiser's subsequent correction and appropriate redress for a contravention of the Code are desirable, they cannot excuse the original contravention of the Code.
Alarmist Marketing: An advertiser should not engage in speculation or provide information intended to cause alarm and force action. Such actions include overstating the legal implications of a non-defined action.
Substantiation: Descriptions, claims or illustrations relating to verifiable facts should be capable of substantiation. Advertisers should have such substantiation available so that they can produce evidence without delay to the self-regulatory bodies responsible for the operation of the Code.
Children and Young People
The following provisions apply to advertisements addressed to children and young people who are minors under the applicable national law.
Inexperience and Credulity: Advertisements should not exploit the inexperience or credulity of children and young people. Advertisements should not understate the degree of skill or age level generally required to use or enjoy the product. Special care should be taken to ensure that advertisements do not mislead children and young people as to the true size, value, nature, durability and performance of the advertised product. If extra items are needed to use it (e.g., batteries) or to produce the result shown or described (e.g., paint) this should be made clear. A product that is part of a series should be clearly indicated, as should the method of acquiring the series. Where results of product use are shown or described, the advertisement should represent what is reasonably attainable by the average child or young person in the age range for which the product is intended. Price indication should not be such as to lead children and young people to an unreal perception of the true value of the product, for instance by using the word 'only'. No advertisements should imply that the advertised product is immediately within reach of every family budget.
Avoidance of Harm: Advertisements should not contain any statement or visual presentation that could have the effect of harming children and young people mentally, morally or physically or of bringing them into unsafe situations or activities seriously threatening their health or security, or of encouraging them to consort with strangers or to enter strange or hazardous places.