BARKS + BONES MAGAZINE TERMS + CONDITIONS
BARKS + BONES Magazine Advertising Agreement
Upon agreeing to this advertising agreement for Issue 1 of BARKS + BONES Magazine, the Advertiser agrees to the following:
A. Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine has the right to reject, cancel or terminate orders
Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine reserves the right at its discretion, and at any time, to cancel any advertising order or reject any advertising copy, whether or not the same has already been acknowledged and / or previously published. In the event of such cancellation or rejection by Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine, advertising already run shall be paid for at the rate that would apply if the entire order were published and no short rate will apply. Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine, at its absolute discretion, may terminate its relationship with Advertiser for the breach of any of the terms hereof, including without limitation a breach based on the failure on the part of either Advertiser or Agency to pay each bill by its due date. Should Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine terminate its relationship with the Advertiser, all charges incurred together with short-rate charges shall be immediately due and payable.
B. Restrictions on Advertiser’s Cancellation of Advertising Orders
Orders for cover positions including the inside front, inside back or outside back are non-cancelable. If an order is not received by Monday, September 1, 2025, the cover option automatically lapses. Orders for all inside advertising are non-cancelable after this closing date. If, however, Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine agrees to cancel an existing order, Advertiser will be responsible for the cost of any work performed or materials purchased on behalf of Advertiser, including the cost of services, including design, photography, paper and/or printing.
C. Advertising Positioning at Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine’s Discretion
Orders for advertising containing restrictions or specifying positions, facings, editorial adjacencies or other requirements may be accepted and published but such restrictions or specifications are at Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine’s sole discretion.
D. Labeling of Advertisements
Advertisements that simulate editorial content may be clearly identified and labeled “ADVERTISEMENT” at the bottom of the advertisement, and Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine may, in its discretion, so label such copy.
E. Advertising Copy + Material Deadlines
Advertises agree to submit all copy materials and logos to Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine no later than the Monday, September 1, 2025 materials deadline. Failure to do so may result in, at Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine’s discretion, refusal to run copy in said issue. If failure to submit copy by material deadline, the Advertiser agrees to submit payment for the total cost of the advertising space as ordered. Advertisers are required to ensure ad copy meets the proper specifications as per order. Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine will make every attempt to notify an advertiser of an error, however Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine will not be held responsible for an advertisement that does not meet the Ad Specification guidelines as outlined for such publication.
F. Errors in or Omissions of Advertisements
In the event of Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine errors in or omissions of any advertisement(s), Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine’s liability shall be limited to a credit of the amount paid attributable to the space of the error (in no event shall such credit exceed the total amount paid to Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine for the advertisement), and Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine shall have no liability unless the error/omission is brought to Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine ‘s attention no later than 60 days after the advertisement is first published. However, if a copy of the advertisement was provided or reviewed by Advertiser, Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine shall have no liability. In no event will Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine have any liability for errors or omissions caused by force majeure or errors in key numbers, nor will Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine have any liability for any consequential, indirect, incidental, punitive, special or exemplary damages whatsoever, including without limitation, damages for loss of profits, business interruption, loss of information and the like.
G. Indemnification
Advertiser represents that any advertising or other material (including product samples) submitted by Advertiser complies with all applicable laws and regulations and does not violate the personal or proprietary rights of, and is not harmful to, any person, corporation or other entity. (Advertiser understands that Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine is distributed primarily in Winnipeg, MB, and in digital format on the BarkFestMB.ca website.) As part of the consideration to induce Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine to publish such advertisement, Advertiser agrees to defend, indemnify and hold harmless Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine and its employees and representatives, against any and all liability, loss, damage, and expense of any nature, including attorneys’ fees, arising out of any actual or potential claims for libel, invasion of privacy, copyright, patent, or trademark infringement, and/or any other actual or potential claims or suits that may arise out of (a) the copying, printing, publishing, distribution or transmission of such advertisement; If Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine participated in the creation of an advertisement, Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine will indemnify Advertiser in connection with potential claims only to the extent it has agreed to do so in writing.
H. No Assignment of Advertising
Advertiser may not use any advertising space either directly or indirectly for any business, organization, enterprise, product, or service other than that for which the advertising space is provided by Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine, nor may Advertiser authorize any others to use any advertising space.
I. Republication of Advertisements
Advertiser agrees that any submitted advertisements published may, at Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine‘s option, be republished or reused by Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine or its agents in any form in whole or in part in all media now in existence or hereafter developed, whether or not combined with material of others. The copyright in any advertisement created by Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine is owned by Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine and may not be otherwise used by Advertiser or third parties without Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine‘s prior written consent.
J. Advertising Rates
Rates contained in advertising orders that vary from the rates listed herein shall not be binding on Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine and the advertisements ordered may be inserted and charged for at the actual schedule of rates. Rates and units of space are effective with Issue 1. Announcement of any changes in rates will be made thirty (30) days in advance of the closing date for the first issue affected by such new rates. Advertising in issues thereafter will be at the rates then prevailing.
K. Terms of Sale
Payment is due upon receipt of order / invoice. We accept Email Money Transfer (EMT), VISA, MasterCard and AmEx. All cheques must be made payable to Moon + Stars Productions + Publishing Inc.
L. Choice of Law and Forum
All issues relating to advertising will be governed by the laws of the Province of Manitoba applicable to contracts to be performed entirely therein. Any action brought by Advertiser against Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine, relating to advertising must be brought in the provincial courts in Winnipeg, Manitoba. The parties hereby consent to the jurisdiction of the provincial courts in Winnipeg, Manitoba in connection with actions relating to advertising.
M. Entire Agreement
The foregoing terms and conditions shall govern the relationship between Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine and Advertiser. Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine has not made any representations to Advertiser that are not contained herein. Unless expressly agreed to in writing and signed by an officer or senior executive of Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine, no other terms or conditions in contracts, orders, copy, or otherwise will be binding on Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine. Failure by Moon + Stars Productions + Publishing Inc. / BARKS + BONES Magazine to enforce any of these provisions shall not be considered a waiver of such provision.