Advertising Policy
Effective: 11/01/2023
The following Advertising Policy (this “Advertising Policy”) shall apply to all advertisers (“Advertisers”) and advertisements (“Advertisements”) placed and/or published on www.lawblog.law which is owned by Law Blog, LLC (“LB”), and by placing and/or publishing an Advertisement on LB, the Advertiser shall have been deemed to understand and agree to the following binding terms and conditions:
- No Advertisement, relationship between LB and an Advertiser, or any advertising deal will compromise LB’s independence, integrity and freedom from bias.
- LB shall be free to post, comment, and moderate (or not moderate) comments as it deems appropriate, in its sole and absolute discretion, regardless of any relationship with any Advertiser and/or any Advertisement placed on LB. This means that LB may post, comment, and moderate (or not moderate) comments that are inconsistent with, are unflattering to, and/or are critical of the Advertiser or the Advertisement placed on LB.
- Advertising positions cannot be guaranteed, although LB will attempt in good faith to accommodate paid-position Advertisers and/or Advertisements.
- Advertisers shall not publish Advertisements on LB which automatically redirect the viewer to a new page or app without express viewer initiation (such as a click), contains audio in a display ad that auto-plays (without a viewer click), sends an SMS message or initiates a charge without explicitly notifying a viewer and requiring a click or other intentional action by the viewer, employs phishing techniques or seeks to trick or deceive the viewer into providing sensitive information by misrepresenting the identity of the Advertiser, employs deceptive practices to encourage or trick the viewer into clicking on the Advertisement, falsifies any user interaction such as faking clicks, expand beyond the Advertisement’s original size, initiates a download without express consent of the viewer, installs spyware, trojans, viruses or other malware, mimics system errors or messages, initiates pop-up upon banners open or upon page exit, or anything similar.
- Under no circumstances whatsoever shall LB’s liability to any Advertiser, for any reason, exceed the last amount paid by the Advertiser for any Advertisement (for example, if an Advertiser has placed and/or published an Advertisement on LB for each of the past 12 months, and during month 12, the Advertiser claims it has been damaged by an act or omission of LB, LB’s liability to the Advertiser shall not exceed the payment made by the Advertiser for month 12 of the Advertisement (not months 1 – 12)).
- Under no circumstances whatsoever shall LB be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages.
- Under no circumstances whatsoever shall LB be liable or responsible for errors or omissions related to an Advertisement that do not materially affect the value of the Advertisement, or for errors or omissions not intentionally, actually, and proximately caused by LB.
- Error/omission adjustments shall be given by LB, at LB’s sole and absolute discretion, in the form of either: 1) additional advertising space; or 2) cancellation of the charge or refund of the last amount paid by the Advertiser for the Advertisement.
- Requests for adjustments by an Advertiser must be made, if at all, in writing via email to LB within 3 days of the first publication of the Advertisement.
- Advertisements must not be false or misleading.
- Advertisers may not conceal their identity or post Advertisements which conceal the identity of the Advertiser.
- Advertisers may not publish Advertisements which are intended to mislead or confuse the viewer (for example, an Advertiser may not publish an Advertisement for a person or product that the Advertiser does not have authority to represent or publish, or publish an Advertisement pretending to be from some other advertiser or product).
- Advertisements must be clearly distinguishable from content created by LB. If LB, in its sole and absolute discretion believes it is necessary to make the distinction between content created by LB and an Advertisement, LB reserves the right to mark the Advertisement as an “Advertisement.”
- Advertiser shall be responsible for, and shall assume liability for the content of any Advertisement they have caused to be placed and/or published on LB, and except to the extent prohibited by law, Advertiser shall defend, indemnify, and hold LB, its owner(s), administrator(s), blogger(s), poster(s), attorney(s), and/or moderator(s), its affiliates, and their respective, directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (collectively the “LB Entities”), harmless and defend the LB Entities, in advance, from any demand and/or claim arising from all Advertisements placed or published on LB, including, but not limited to, demands and claims for defamation, libel, slander, invasion of privacy, false light, misappropriation of one’s name or likeness, copyright infringement, trademark, trade name, or patent infringement, false advertising, or any other claim whether based in tort or contract, or on account of any local, state or federal law or statute, including but not limited to state and federal deceptive trade practices acts. Advertiser’s duty to indemnity and defend the LB Entities pursuant to this clause shall apply whether the demands and/or claims are or would ultimately held to be valid or invalid, and shall apply to all demands, claims, lawsuits, judgments, liabilities, damages, losses, costs and expenses of any nature (including the assessment of attorneys’ fees and costs), resulting from or caused by the placement and/or publication of any Advertisement placed by the Advertiser on LB. LB reserves the right to control the defense of any matter for which Advertiser is required to indemnify the LB Entities, and Advertiser agrees to cooperate with LB’s defense of these demands and/or claims.
- All Advertisements must comply with all applicable laws, regulations, LB’s Privacy Policy, LB’s Terms of Service, and this Advertising Policy.
- Advertising space cannot be sublet or sold to Advertisers other than those who initially contracted with LB for their own Advertisement.
- Advertisements do not reflect the views of LB or its moderators. Nevertheless, LB reserves the right, in its sole and absolute discretion, to reject or remove any Advertisement for any reason, or no reason whatsoever, including but not limited to if in LB’s sole and absolute discretion, LB believes the Advertisement is inaccurate, misleading, or could harm LB or its moderators’ reputation.
- LB reserves the right to reject any Advertisement that, in whole or in part, promotes the support of, concept of, and/or sale of any items that LB’s sole and absolute discretion, deems to represent hate or intolerance, including, but not limited to Advertisements related to or targeting race, national origin, religion, sex, gender identification, disability, age, and/or any other class protected against discrimination under applicable local, state, and/or federal laws.
- Regardless of the content of the Advertisement, LB further reserves the right, in LB’s sole and absolute discretion, to reject Advertisement from any Advertiser which, in LB’s sole and absolute discretion, promotes the denigration of any individual or group, including but not limited to those individuals or groups which meet the criteria of the categories listed above; the incitement of violence; and/or the illegal destruction of property.
- All Advertisements are subject to final approval by LB, which approval shall be granted or withheld in LB’s sole and absolute discretion.
- If LB removes an Advertisement, it shall promptly notify the Advertiser of the Advertisement’s removal, and shall refund the Advertiser an amount equal to the pro-rata portion of the fee paid to LB for the time the Advertisement is no longer displayed on LB (for example, if an Advertiser pays a $1,000 fee to display an Advertisement on LB for 30 days and LB removes the Advertisement after 15 days, LB shall refund the Advertiser $500). Refunds shall be paid within 30 days after they become due and payable. The return of the pro-rata portion of the fee paid to LB shall be the sole and exclusive remedy of an Advertiser should LB remove an Advertisement.
- This Advertising Policy may be amended from time to time, without notice, in LB’s sole and absolute discretion; however, any amendment to this Advertising Policy shall be applicable only to those Advertisements placed after the amendments are made. If LB amends the Advertising Policy, LB will post the revised Advertising Policy and the effective date above.
- To the fullest extent permitted by applicable law, any claims arising out of or relating to this Advertising Policy shall be governed by the laws of the State of Nevada, without regard to its conflict of laws rules; all disputes related to this Advertising Policy shall be brought solely and exclusively in the state or federal courts located in Clark County, Nevada, and Advertiser consents to personal jurisdiction in these courts.
- The prevailing party with respect to any and all disputes related to or arising out of this Advertising Policy shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party.
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