Online Advertising Terms & Conditions
1. Submission of materials, insertion orders, and verbal and nonverbal space reservations constitutes acceptance of the following conditions of publisher, DDS Magazine:
2. All advertising copy is subject to approval by publisher, which reserves the right to reject or cancel any advertisement or part thereof deemed unsuitable for any reason.
3. All ad cancellations must be received in writing 3 days after ad purchase.
4. Absence of written notification after verbal reservation does not invalidate advertising commitment.
5. Conditions and rates are subject to change upon written notice from the publisher. Any rate changes will be announced to currently contracted advertisers in writing as well as here on this website under the ‘Advertise with DDS’ section.
6. Publisher is not bound by any conditions, printed or otherwise, in the advertiser's instructions if they conflict with the rates or specifications published on this site or any of the terms & conditions contained herein.
7. Orders specifying positions are accepted on a request basis only. Specific positions are not guaranteed.
8. The advertiser and its agency, if there is one, each represents that it has the right and authorization to publish any advertisement it has submitted, and that it is fully authorized and licensed to use all content including, but not limited to, the names and/or pictures of persons, living or dead, or of things, trademarks, service marks, copyrighted, proprietary or otherwise private material, testimonials, contained in any advertisement submitted by or on behalf of the advertiser and/or its agency. Each agrees jointly and severally to indemnify and save harmless DDS Magazine against all loss, liability, damage, and expense of whatever nature arising from our copying, printing, or publishing of such advertisement.
9. Publisher assumes no liability for errors in materials either when we have been asked to modify online ads or when such changes were otherwise considered necessary to meet our production requirements.
10. Publisher assumes no liability for errors in the advertiser's index.
11. Publisher reserves the right to hold advertiser and/or agency jointly and separately liable for monies due and payable to publisher for advertising ordered by advertiser and/or agency and published online by publisher.
12. Publisher is not liable for delays in delivery and/or non-delivery in the event of circumstances beyond control of the Publisher affecting production or delivery in any manner.
13. Online advertisements are subject to limited availability.
Print Advertising Terms & Conditions
1. DDS Magazine will not be bound by any condition appearing on order blanks or copy instructions submitted by or on behalf of the Advertiser when such condition conflicts with any provision contained in Publisher’s policies. All references herein to Advertiser include Advertiser’s agency, if there is one, and Advertiser and its agency shall be jointly and severally liable for Advertiser’s obligations hereunder.
2. Publisher reserves the right to decline or reject any advertisement for any reason at any time without liability even though previously acknowledged or accepted. If an advertisement is accepted for publication, the Advertiser agrees that it will not make any promotional references to DDS Magazine without the prior written permission of the Publisher.
3. The Advertiser agrees to pay the amount of invoices rendered by Publisher within the time specified on the invoice.
4. Orders 30 days beyond current closing date will be accepted only at rates prevailing, and only on a space-available basis (and subject to the other terms and conditions herein). Orders containing incorrect rates may be accepted and, if accepted, charged at regular rates. Such errors will be regarded as only clerical.
5. All agencies or direct advertisers must supply Publisher with a legal street address and not just a post office box.
6. Orders specifying positions other than those known as designated positions are accepted only on a request basis, subject to the right of Publisher to determine actual positions.
7. Advertisements in other-than-standard sizes are subject to Publisher’s approval.
8. Rates, conditions, and space units are subject to change without notice. Any discounts are applicable during the period in which they are earned.
9. Schedule of months of insertion and size of space must accompany all orders and are binding upon Advertiser upon receipt unless terminated in writing prior to the applicable closing date(s). So-called “space reservations” are not considered by Publisher as orders or binding upon it in any way.
10. Reproduction quality is at the Advertiser’s risk if Publisher’s specifications are not met or if material is received after closing date even if on extension. All queries concerning printed reproduction must be submitted to Publisher within 45 days of issue date.
11. The Advertiser agrees that in the event Publisher commits any act, error, or omission in the acceptance, publication, and/ or distribution of their advertisement for which Publisher may be held legally responsible, Publisher’s liability will in no event exceed the cost of the space ordered and further agrees that Publisher will not under any circumstance be responsible for consequential damages, including lost income and/or profits.
12. The Advertiser represents that it not only has the right to authorize the publication of any advertisement it has submitted to Publisher, but that it is fully authorized and licensed to use (i) the names and/or the portraits or pictures of persons, living or dead, or of things; (ii) any trademarks, service marks, copyrighted, proprietary, or otherwise private material; and (iii) any testimonials contained in any advertisement submitted by or on behalf of the Advertiser and published by Publisher, and that such advertisement is neither libelous, an invasion of privacy, violative of any third party’s rights, or otherwise unlawful. As part of the consideration and to induce Publisher to publish such advertisement, the Advertiser agrees to indemnify and save harmless Publisher against all loss, liability, damage, and expense of whatsoever nature (“Losses”) arising out of copying, printing, or publishing such advertisement (“Claims”). In the event that any advertising campaign for Advertiser includes sweepstakes, contests, email distribution, and/or other promotional elements that are managed either by the Advertiser or by the Publisher on behalf of the Advertiser, the Advertiser also agrees to indemnify and save harmless Publisher against any and all Losses arising out of the publication, use, or distribution of any materials, products (including prizes), or services related to all such promotional elements provided by the Advertiser including, without limitation, those arising from any Claims.
13. The Advertiser agrees to indemnify and save harmless Publisher from all loss, damage, and liability growing out of the failure of any sweepstakes or contest inserted by them for publication 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.
14. All orders accepted are subject to acts of God, fires, strikes, accidents, or other occurrences beyond Publisher’s control (whether like or unlike any of those enumerated herein) that prevent Publisher from partially or completely producing, publishing, or distributing DDS Magazine.
15. All advertisements must be clearly identified by the trademark or signature of the Advertiser.
16. Cancellations must be in writing. Cancellations for orders are not binding on Publisher unless in writing and received at least 45 days prior to the advertising closing date for inside or outside cover pages and for all inside pages, prior to the advertising closing date. Thereafter, orders may not be cancelled or changed by the Advertiser without the acknowledgement and acceptance of Publisher. If orders are not cancelled on time, the Advertiser agrees that it will be responsible for the cost of such cancelled advertisements.
17. A copy of any proposed insert must be submitted to Publisher prior to printing of the insert. In no event shall Publisher be responsible for any errors or omissions in or the production quality of any furnished insert.
18. The Advertiser agrees to reimburse Publisher for its attorney’s costs and fees in collecting any unpaid billings for advertisements.
19. The parties agree that the details contained on orders will be treated as confidential or proprietary information and shall not be disclosed to third parties.
20. All issues related to advertising will be governed by the laws of the State of Indiana applicable to contracts to be performed entirely therein. Any action brought by Advertiser against Publisher relating to advertising must be brought in the state or federal courts in Indianapolis, Indiana, and the parties hereby consent to the jurisdiction of such courts.
21. Advertiser is liable for all fees and expenses, including attorneys’ fees, reasonably incurred by DDS Magazine in collecting, or attempting to collect, any charges owed under this Agreement.
22. Publisher assumes no liability for errors in the advertiser's index.