TERMS AND CONDITIONS
All advertisements accepted for publication with www.glbtyp.com (“GLBTYP”) are subject to the following:
“Advertiser” means the person whose goods or services are advertised;
“Advertisement” means display, recruitment, online, email, mail order and classified advertising and shall include inserts, supplements and re-directed advertisements;
“Buyer” means the person placing the order for the insertion of the Advertisement;
“Medium” means the online publication taking the booking.
“glbtyp site” means the www.glbtyp.com website(s) onto which an Advertisement is sold
All Advertisements are accepted subject to space being available in the Medium.
- Interpretation of Agreement – This Agreement shall be governed by, construed and enforced in accordance with the internal laws of the state of Washington and venue of any lawsuit relating to the agreement shall be in King County, Washington.
- Merger. This Agreement represents the complete and exclusive statement of the mutual understanding of the parties with respect to the subject matter hereof and supersedes and cancels all previous and contemporaneous written and oral agreements and communications relating to the subject matter of this Agreement. This Agreement is binding upon and inures to the benefit of the parties’ successors in interest, representatives and permitted assigns.
- Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provision contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect.
- Attorneys’ Fees. If any parties to this Agreement institute any court action or other proceedings of any nature whatsoever (including, but without limitation, any bankruptcy proceeding) to enforce the rights and duties of the parties hereto arising from or in any way relating to the subject matter of this Agreement, the prevailing party or parties in such action or proceeding shall be entitled to recover from the non-prevailing party or parties all costs and expenses incurred by the prevailing parties in such action or proceeding, including, but not limited to, reasonable attorneys’ fees, paralegal fees, law clerk fees and other legal costs and expenses incurred by the prevailing party or parties, whether incurred at or before the trial level or in any appellate, bankruptcy or other legal proceeding including enforcement of any judgment.
- Interpretation. The parties agree that this Agreement is the product of negotiation, and expressly waive the rule of interpretation of writing against the drafter.
- Assignment. Neither party may assign, sublicense or otherwise transfer or delegate any right or obligation in this Agreement without the written consent of the other party.
- No Waiver. No failure or delay by either party in exercising any right, power or remedy will operate as a waiver of such right, power or remedy, and no waiver will be effective unless it is in writing and signed by the party to be charged thereby.
- Indemnification / Liability. Except to the extent specified herein GLBTYP shall not be liable for any loss or damage suffered by the Buyer as a result of any total or partial failure (howsoever caused) of publication, distribution or availability of any Medium in which any Advertisement is scheduled to be included or for any error, misprint or omission in the printing of any Advertisement. In the event of an error or omission by GLBTYP, which detracts materially from the Advertisement, GLBTYP will either reinsert the Advertisement or relevant part of the Advertisement in a subsequent issue or make a reasonable refund of or adjustment to the price paid by the Buyer. No reinsertion, refund or adjustment will be made for any other error or omission or where the error or omission is the result of delivery of materials which do not comply with GLBTYP’s specifications.
The total liability of GLBTYP to the Buyer for any act or omission of GLBTYP, its servants or agents relating to any Advertisement shall not exceed the amount of a full refund of any price paid to GLBTYP for the Advertisement or the cost of a reasonably comparable further or corrective Advertisement. Without limiting the foregoing, GLBTYP shall not be liable for any loss of profits or business or for indirect or consequential loss. GLBTYP accepts no liability for the repetition of an error in an Advertisement ordered for more than one insertion unless notified immediately the error occurs. Complaints regarding reproduction of printed Advertisements must be received in writing within one calendar month of the cover date.
GLBTYP accepts no responsibility for the quality of reproduction of any photograph supplied by the Buyer, its agents or servants.
- Rental Payments. Each rental period is for a yearly period. Rental payments are due on the first of each month. Owner/Agent will be granted a 5-day payment grace period. Payments received after will be assessed a 5% penalty per week until paid in full.