The CANNAVIST USA Terms & Conditions for Advertisers
By placing a booking, the Advertiser (which is the person placing the order for the Advertisement whether they are the advertiser of the product or service referred to in the advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these terms in full:
Advertisements are accepted subject to the approval of copy and the right of the company to alter, reject suspend or cancel any order without assigning a reason. We regret we are unable to guarantee insertion dates, although we will do everything in our power to stick to publishing dates. The proprietors are not liable for any loss occasioned by the failure of any advertisement to appear from any cause whatsoever, nor do they accept liability for printing errors. Although every care is taken in printing, refunds or credits will not be made unless corrections are notified immediately following publication of the first insertion carefully. Credits or refunds will not be given for minor errors which do not corrupt the overall meaning of the advertisement.
Yellow Monday Media Ltd. may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising in any of the company’s magazines or on websites. The Advertiser will remain responsible for all outstanding charges.
The Advertiser guarantees to Yellow Monday Media Ltd. that:
- any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
- it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
iii. the advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice, and all other codes, are not libelous or obscene and do not infringe the rights of any person (including any person’s intellectual property rights);
- the advertisement will not be prejudicial to the image or reputation of Yellow Monday Media Ltd. or its websites and/or magazines, and will not contain anything Yellow Monday Media Ltd. in good faith considers to be offensive or otherwise inappropriate;
- all advertisements submitted for publication online will be free of any viruses, adware, malware, bit torrents, and no advertisement will cause an adverse effect on the operation of the website(s).
Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorized by the advertiser of a product or service to place the Advertisement with Yellow Monday Media Ltd. and the Advertiser will compensate Yellow Media Ltd. for any claim made by such advertiser against Yellow Monday Media Ltd.
All sums payable to Yellow Monday Media Ltd. should be made in accordance with Yellow Monday Media Ltd.’s Financial Terms & Conditions which are:
Unless a customer has applied for and been accepted as a credit account customer, Yellow Monday Media Ltd. will provide services only on a pre-payment basis, with receipt of cleared funds prior to the booking being confirmed.
If a customer who has booked a run of advertisements wishes to cancel part way through the booking, any advertising that has already been published will revert to the rate card price in any calculations relating to refunds, regardless of any prior agreements.
Where a customer books a run of advertisements, and then wishes to reduce the number of issues in which their advertising appears, any prior agreement will no longer stand and either the rate card price or a new negotiated price will apply.
Customers wishing to apply for a credit account must complete a Credit Application Form which is available on request from your sales contact. Until credit facilities are granted customers will remain on prepayment terms.
Yellow Monday Media Ltd. standard payment terms are cleared funds from date of invoice. If the due date falls on a weekend or bank holiday the payment is due on the first working day immediately prior to the due date. As payment is due as cleared funds, under current banking arrangements, cheques should be dispatched and payment by bank transfer should be processed by the customer three working days prior to the due date. Yellow Monday Media Ltd. reserves the right to charge interest on late payment at four percent above the Bank of England base rate.
Yellow Monday Media Ltd. accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any advertisement copy to Yellow Monday Media Ltd. or any loss or damage to any advertisement copy or any other materials. The Advertiser guarantees that it has retained sufficient quality and quality of all materials supplied to Yellow Monday Media Ltd.
Yellow Monday Media Ltd. shall use its reasonable endeavors to reproduce advertisements as provided by the Advertiser but cannot guarantee that the advertisement will be of the same quality.
Yellow Monday Media Ltd. will not be responsible for any additions to, changes in, deletions from, delays in publication or withdrawal of any advertisements required by any authority having responsibility for the regulation of online or press advertising (including the Advertising Standards Authority).
If a booked advertisement is not published at all solely due to a mistake on Yellow Monday Media Ltd.’s part, Yellow Monday Media Ltd. will try to offer an alternative publication date(s). If the alternative date(s) is not accepted, the original booking will be cancelled, and the Advertiser shall be entitled to a full refund if the Advertiser has paid in advance for the advertisement. This shall be the Advertiser’s sole remedy for failure to publish the advertisement.
Yellow Monday Media Ltd. shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by Yellow Monday Media Ltd. and the Advertiser, and Yellow Monday Media Ltd.’s maximum total liability for any loss or damage arising out of or in relation to any advertisement whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant advertisement actually paid by or on behalf of the Advertiser.
Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
Yellow Monday Media Ltd. owns the copyright in all advertisements written or designed by it or on its behalf unless otherwise stated. The Advertiser grants Yellow Monday Media Ltd. the right (free of charge) to:
(i) use such of the Advertiser’s names, trademarks and/or logos as Yellow Monday Media Ltd. may consider necessary for the purposes of publishing the advertisements;
(ii) reproduce the advertisement in any media at any time from the date the advertisement was last published in the magazines for promotional purposes. For the avoidance of doubt, the content, layout and format of any Magazine or Website will be subject to variation at Yellow Monday Media Ltd.’s sole discretion.
Clients of The CANNAVIST USA should be aware that content within this publication must be compliant with the rulings of the necessary law makers in this field, including, but not limited to, the US Food and Drug Administration.
Clients should be aware that medical or health claims are not permitted for publication on an advertisement, unless these claims have been allocated authorization by the relevant governing body. Proof of such authorization may be required by the publisher prior to publication.
The publisher reserves the right to amend artwork or statements deemed unfit for publication by the editor.
The CANNAVIST, and all uses of the name, are the property of Yellow Monday Media Ltd. No person or establishment has the right to reproduce the name, in any printed or published context, without the written permission of the editor.
The CANNAVIST is a registered trademark.
Note: In order to remain as up to date as possible, these terms may change as regulations and guidelines on medical cannabis, THC and CBD further develop in the US.
For any further information please contact our Florida office on: 561.922.9464