InStyle.com: Terms and Conditions

Time Inc. Advertising Terms and Conditions

Except as otherwise noted, the following terms and conditions will apply to both In Style Magazine and the Web site (either or both referred to herein from time to time as the "Publisher").

1. Rates are based on average net paid circulation, effective with the issue dated January 2006. Announcement of any change in rates will be made at least 12 weeks in advance of the issue date of the first issue to which such rates will be applicable.
2. The Magazine is a member of the Audit Bureau of Circulations. The rate card specifies the publication schedule of the Magazine and its on-sale dates.
3. Advertisers may not cancel orders for, or make changes in, advertising after the closing dates of the Magazine.
4. The Publisher is not responsible for errors or omissions in any advertising materials provided by the advertiser or its agency (including errors in key numbers) or for changes made after closing dates.
5. The Publisher may reject or cancel any advertising for any reason at any time. Advertisements simulating the Magazine's editorial material in appearance or style or that are not immediately identifiable as advertisements are not acceptable.
6. All advertisements are accepted and published in the Magazine upon the representation by the agency and advertiser that they are authorized to publish the entire contents and subject matter thereof and that such publication (or availability) will not violate any law or infringe upon any right of any party. In consideration of the publication of advertisements, the advertiser and agency will, jointly and severally, indemnify, defend and hold the Publisher harmless from and against any and all losses and expenses (including, without limitation, attorney's fees) arising out of the publication of such advertisements in the Magazine, including, without limitation, those arising from claims or suits for defamation, copyright or trademark infringement, misappropriation, violation of the Lanham Act or rights of privacy or publicity, or from any and all similar claims now known or hereafter devised or created.
7. It is understood that the advertiser and agency are jointly and severally liable for payment of all invoices for advertising published in the Magazine. In consideration of the Publisher's reviewing for acceptance, or acceptance of, any advertising for publication in the Magazine, the agency and advertiser agree not to make promotional or merchandising reference to the Magazine in any way without the prior written permission of the Publisher in each instance.
8. No conditions, printed or otherwise, appearing on contracts, orders or copy instructions which conflict with, vary, or add to these terms and conditions or the provisions of the Magazine's rate card will be binding on the Publisher. Publisher has the right to insert the advertising anywhere in the Magazine at its discretion, and any condition on contracts, orders or copy instructions involving the placement of advertising within an issue of the Magazine (such as page location, competitive separation or placement facing editorial copy) will be treated as a positioning request only and cannot be guaranteed. The Publisher's inability or failure to comply with any such condition shall not relieve the agency or advertiser of the obligation to pay for the advertising.
9. The Publisher shall not be subject to any liability whatsoever for any failure to publish or circulate all or any part of any issue or issues of the Magazine because of strikes, work stoppages, accidents, fires, acts of God or any other circumstances not within the control of the Publisher. Due to the consolidation of newsstand wholesalers, a 10% margin of error must be allowed in the delivery of regional and split-run copy ads to the newsstand. A 10% margin must also be allowed in the circulation and distribution of insert cards and non run-of-book inserts.
10. Agency Commission (or equivalent): 15% of net advertising charges after discounts to recognized agents.
11. Invoices are rendered on or about the on-sale date of the Magazine. Payments are due within 20 days from the billing date. Publisher reserves the right to change the payment terms to cash with order at any time.
12. All frequency and volume discounts must be used within six months after the end of the period in which they were earned. Unused discounts will expire six months after the end of the period in which they were earned.
13. Special advertising production premiums do not earn any discounts or agency commissions.
14. The Magazine is subject to the Time Inc. issue-by-issue tally (IBIT) pricing system.

Issue-by-Issue Tally (IBIT) Pricing System

Except as otherwise noted, the following terms and conditions will apply to both In Style Magazine and the Web site (either or both referred to herein from time to time as the "Publisher").

1. The IBIT System is administered by comparing, for each issue of In Style in which an advertiser books space and remits an invoice during an IBIT period (one calendar year), the issue's total paid circulation as reported in the In Style Publisher's Statement (issued by the Audit Bureau of Circulation for the first and second half of each calendar year) and the published total circulation rate base as set forth in the applicable In Style Rate Card.
2. In order to permit advertisers to apply earned IBIT credit in a timely manner, ABC pink sheet circulations are used to calculate IBIT credit.
3. If the paid circulation of the issue booked by an advertiser is lower than its published circulation rate base, the advertiser will receive a credit computed by multiplying the net cost after agency commission (excluding production premiums) of the advertiser's insertion in that issue by the percentage by which the paid circulation is less than its published circulation rate base.
4. If the paid circulation of the issue booked by an advertiser is higher than its published circulation rate base, In Style will receive a credit computed by multiplying the net cost after agency commission (excluding production premiums) of the advertiser's insertion in that issue by the percentage by which the paid circulation is greater than its published circulation rate base.
5. If, at the end of an IBIT period, the advertiser has more IBIT credit than In Style does, the excess can be credited against future unbooked insertions.
6. If, at the end of an IBIT period, In Style has more IBIT credit than the advertiser, no adjustment will be made.
7. An advertiser's insertions may be tallied by a combination of brands to be agreed upon in advance, in writing, by the advertiser or its advertising agency and In Style. Otherwise, all insertions will be grouped corporately. For IBIT credit to be tallied by brand, each brand must have a minimum of three insertions. Changes cannot be made in the way an insertion is to be tallied subsequent to the last issue date of the IBIT period.
8. If an advertiser utilizes a Split Run with three or more brands, products or divisions, the IBIT System will be applied to the brand, product or division using the largest portion of the split, unless otherwise requested in writing by the advertiser prior to the publication of the insertion.
9. After an agency receives a letter of notification stating that IBIT credit is due, credit must be used against future unbooked insertions and must be used within 12 months after the end of the IBIT period in which the credit was earned. An advertiser may apply IBIT credit to brands, products or divisions other than those for which the credit was actually earned.
10. IBIT credit will be issued net of agency commission and must be applied to invoices net of agency commission. No agency commission will be paid by In Style on IBIT credit.
11. IBIT credit may be applied to production charges.
12. In Style will not refund IBIT credit as cash.