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Terms and Conditions
THIS AGREEMENT WAS LAST UPDATED ON 12th July 2012

These are the terms and conditions for registering and for using these Nationwide News Pty Limited, trading as AdPlacer, (ABN 98008438828) (News) services for placing advertisements in the Publications (individually and collectively the "Service"). News provides the Service on behalf of the relevant Publishers. By registering, You are agreeing with News on behalf of all relevant Publishers to be bound by all the terms and conditions, including all amendments to them which are published on this site from time to time. You are only entitled to use this Service and take advantage of the offers, provided through the Service, if you are private party advertiser (including that you are not seeking to advertise on behalf of a business or Company and do not represent a media buyer or media booking agency).

A list of Publications and Definitions can be found at the end of this document.
GENERAL TERMS & CONDITIONS

    Using the Service
        When using the Service, you agree to abide by these Terms & Conditions.
        You are responsible for all fees and charges You incur when accessing and using the Service. These may include the fees and charges of internet service providers, telecommunications carriers and other third parties.
        News may modify these Terms & Conditions from time to time. It is Your responsibility to remain familiar with these Terms & Conditions and to understand the changes. Notification of changes these Terms & Conditions will be posted on the Service or sent via electronic mail, as we may determine in our discretion acting reasonably. If You do not agree to any modifications, You should terminate Your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes to these Terms & Conditions, will constitute a binding acceptance by You of these Terms & Conditions, or any subsequent modifications.
        You may not register on behalf of anyone else and You may not allow anyone else to use Your registration details to access and use the Service.
        You will maintain the security of Your password. You are responsible for all activity on the Service that occurs using Your password including activity generated by a third party using Your password with or without Your permission.
        Fraudulent use of a credit card by You will automatically absolve News or the Publisher from any liability. News or the Publisher will co-operate with any law enforcement agency with respect to the fraudulent use of the credit card and provide all relevant details pertaining to Your transactions conducted on this Service. At the time of notification of the fraudulent activity, all Advertisements charged to the notified credit card will be cancelled immediately.
    Privacy Policy
        By using the Service, You agree to the terms of News' Privacy Policy.
        You agree that:
            we cannot ensure the security or privacy of information You provide through the internet and Your email messages; and
            we cannot ensure the security or privacy of information submitted or stored on the Service due to any technical limitations (including viruses or hacking) in the hardware or software comprised in the Services.
        Unless You tell us otherwise, You agree that News and each Publisher may send electronic mail to You, by email or SMS or other electronic delivery platform, for the purpose of informing You about:
            changes or additions to products or the Service; and
            other related or similar products and services or products and services in which you may be interested, in addition to any other matters referred to in News' Privacy Policy.
        All communication and disclosure described in clause 2(c) will comply with News' privacy statement and the privacy requirements of any applicable law in force.
        To the extent permitted by law, You release News and each of the Publishers from any and all liability in connection with this clause 2, including the use of your information by other parties.
    Proprietary Information
        The Service contains information that is proprietary to News. News asserts full copyright protection in all elements of the Service.
        You acknowledge that News or the Publisher retains the copyright in any artwork or text prepared by News or the Publisher (as the case may be) or any of their employees, and agree not to use such artwork or text for any purpose other than advertising in a Publication.
        You warrant that all material which You provide to News for use in an Advertisement (whether or not the Publisher or News will use that material to create new artwork or text) is owned or licensed by the Advertiser and that its use by News or any Publisher will not breach the rights of any other person.
    No Warranties
        The Service is distributed on an "as is" basis. Neither News nor any Publisher warrants that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. To the extent permitted by law including under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation, News and each of the Publishers make no warranties of any kind whatsoever regarding the Service, either express or implied.

ADVERTISING TERMS

    Advertising terms
        The Publisher imposes a Deadline. Failure to adhere to any relevant Deadline may result in the Advertisement not appearing as per Your booking instructions. You acknowledge it is Your responsibility to ascertain the appropriate Deadline, which may be changed from time to time without notice. Notification of changes to a Deadline will be posted on the service or sent via electronic mail, where practicable and as determined by the Publisher acting reasonably.
        Neither News nor the Publisher accepts responsibility for, and You indemnify each of them for, non-receipt of advertising requests through the Service other than where News or the Publisher are at fault, including through negligence.
        News and the Publisher reserve the right to reject, cancel, amend (if necessary in News' or Publisher's opinion such change is required to comply with the law), refuse, change position or postpone publication of an Advertisement for any reason at its discretion acting reasonably. If a change to the Advertisement requires consent from You, then News or the Publisher will make every reasonable attempt to make telephone contact with You. If contact cannot be established, the Advertisement may be cancelled until contact can be made.
        Neither News nor any Publisher makes any warranties, representations or undertakings regarding the positioning of an Advertisement, including as to the inclusion of an Advertisement in the colour section of a Publication.
        The word "advertisement" will be included in an Advertisement as required by law or if, in the opinion of News or a Publisher, it resembles editorial matter.
        You may be charged for author's alterations required to Advertisements if requested directly to an employee or agent of the Publisher.
        News and the Publisher do not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. However, no responsibility is accepted for any error or omission of telephoned instructions, alterations or copy/proof corrections or for non-receipt of the same sent by email or through any other telecommunications mechanism other than where News or the Publisher are at fault, including through negligence.
        Rates quoted apply only to newspaper and CarsGuide advertisements personally placed using our service and without the involvement of a media booking or advertising agency.
    Compliance of Advertisements with Laws and Standards
        By lodging material for publication as or as part of an Advertisement in a Publication, or authorising or approving the publication of any material with the Publisher, You warrant that the material complies with all relevant laws, regulations and advertising codes of conduct and that its publication will not give rise to any claims against or liabilities of News, any Publisher or any of their directors, employees or agents.
        Without limiting the generality of the above, Advertisers warrant that nothing in the material lodged for publication breaches the Competition and Consumer Act 2010, Copyright Act 1968 or laws (Commonwealth, State or Territory, as relevant) relating to defamation, therapeutic goods, tobacco products, consumer protection, fair trading and sale of goods or infringes the rights of any person.
    Indemnity
        By lodging material for publication as or as part of an Advertisement in a Publication, or authorising or approving the publication of any material with a Publisher, You indemnify News, the Publisher and each of their directors, employees and agents against all liability, claims or proceedings whatsoever arising wholly or partially, directly or indirectly, from the publication of the material. Without limiting the generality of the above, You indemnify the Publisher, its directors, employees and agents in relation to any claims arising from defamation, injurious falsehood, passing off, unfair competition, breach of contract, breach of copyright or other intellectual property rights, misrepresentation, breach of privacy rights or confidential information, breach of warranty of authority or any breach of any Statute, regulation or other law giving rise to any civil or criminal liability whatsoever.
    Limitation of Liability
        News and the Publisher do not exclude any rights and remedies in respect of goods or services under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. However, if there is an error in the published Advertisement for any reason You agree to indemnify News, the Publisher, its employees and agents against consequential losses or damages suffered by You arising from the error. If brought to the Publisher's attention within 24 hours of publication, adjustments may be made, but only for the space actually occupied by an error.
        You must notify the Publisher of any errors immediately when they appear otherwise neither News nor the Publisher accepts responsibility for the re-publishing of the Advertisement.
        Our liability to You in relation to any loss or damage directly or indirectly related to any warranty or condition which is not otherwise excluded by this Agreement shall, to the extent permitted by law, not exceed:
            the cost of supplying the affected Service again; or
            the cost of having the affected Service supplied again, as elected by News or the Publisher.

ACCOUNTS

    Accounts
        Advertisers must pay for all financial transactions in advance, by credit card. You will be required to enter Your credit card details for each financial transaction.
        The Advertiser agrees to pay the rates specified by News for each Advertisement, current at the time of publication of the Advertisement.
        The Publisher reserves the right to pass on any fee or charge (including bank charges and credit card surcharges) imposed on the transaction to process your payment for the Advertisement.
        The Publisher reserves the right, acting reasonably, not to pay a refund while the outcome of an Advertiser initiated investigation regarding the publication or otherwise of an Advertisement is pending. News or the Publisher will endeavour to resolve any such investigation within seven (7) days.

OTHER SPECIFIC LAWS

    Goods and Services Tax (GST)
        All specified rates and charges are inclusive of GST.

JURISDICTION

    Jurisdiction
        This Agreement is governed by the laws of New South Wales (NSW), Australia and the parties submit to the jurisdiction of the courts of NSW. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. THE PARTIES SPECIFICALLY AGREE THAT THE PERFORMANCE OF THIS AGREEMENT, IN ALL ITS ASPECTS, DOES NOT TAKE PLACE OUTSIDE THE JURISDICTION OF THE STATE OF NEW SOUTH WALES, AUSTRALIA.

PUBLICATIONS
The Publications included in the Service are:

    The Daily Telegraph
    The Sunday Telegraph
    Herald Sun
    Sunday Herald Sun
    The Courier Mail
    The Sunday Mail
    The Advertiser
    The Sunday Times
    The Mercury
    The Sunday Tasmanian
    The Gold Coast Bulletin
    Northern Territory News
    The Townsville Bulletin
    The Cairns Post
    Newspapers published by News Local Newspapers
    Newspapers published by Leader Newspapers
    Newspapers published by Quest Community Newspapers
    Newspapers published by Messenger Newspapers
    Carsguide.com.au operated by News Digital Media
    Classifieds.news.com.au operated by News Digital Media
    Newsclassifieds.com.au operated by News Digital Media
    CareerOne.com.au operated by News Digital Media & Monster.com

OFFER TERMS & CONDITIONS

    Offers/Packages made on this service are subject to the following conditions:
        The Publisher will preview the submitted advertisement prior to accepting it or publishing it.
        Your advertisement must contain accurate information. The Publisher reserves the right to not publish an advertisement where You have provided inaccurate information.
        The Publisher may at its discretion refuse to accept an advertisement for publication if it believes the advertisement may offend or infringe the rights of any person or not comply with all the laws and regulations of the states and territories.
        Where the Publisher has refused to accept an advertisement for publication, You will be notified by email.
        Full refund will be provided:
            If the Publisher refuses to accept an advertisement for publication.
            If cancellation is received prior to the deadline for the first insertion.
        Partial refund will be provided where permitted. You will be notified by email where you are entitled to a partial refund.
        Certain modifications are permitted if received prior to the deadline of the last print insertion for print and combo packages, or prior to the web end date for online advertisements.
        You agree to pay any costs incurred as a result of modifications to Your Advertisement.

The Advertiser "Free on Friday" Trader on-line ad placement terms and conditions:

    Three lines only free for goods valued at AUD$500 or under, including give away items.
        The under AUD$500 offer can be withdrawn at any time.
        Items per each free ad must not exceed a total value of AUD$500.
    Offer available to private advertisers only.
    Only 'for sale' items may be included in advertisement and must be placed under the correct classification.
    This offer is not available for Garage Sales advertisements.
    One (1) item only per free advertisement.
    Maximum of five (5) ads per household or phone number per week.
    Credit card payment for additional lines and components (Attention Getters, Large Headings, Photos, Border) applies.
    Ad appears for one Friday in The Advertiser Shopper section.
    The Publisher reserves the right to decline free advertising on a space available basis.
    The Publisher reserves the right, acting reasonably, to refuse any advertising which, in the Publisher's reasonable opinion, is or is suspected of being in breach of these Terms and Conditions.
    The Publisher reserves the right to change or terminate this offer at anytime without further notice. Notification of changes or termination will be posted on the Service or sent via electronic mail, where practicable and as determined by the Publisher acting reasonably.

The Courier Mail and The Sunday Mail (QLD) "Standard" Weekend Shopper on-line ad placement terms and conditions:

    70 characters only free for goods valued AUD$500 or under, including give away items.
        The under AUD$500 offer can be withdrawn at any time
        Items per each free ad must not exceed a total value of AUD$500.
    Weekend Shopper special advertising rates are exclusive to private party advertisers only, with domestic quantities and types of goods up to the value of $10,000.
    Only 'for sale' items may be included in advertisement and must be placed under the correct classification.
    This offer is not available for Garage Sales Pets & Animals and Plants advertisements.
    This offer is not valid for all categories. Refer to list of excluded categories for further information couriermail.com.au/competition/terms
    One (1) item only per free advertisement. Items of a similar nature that fall within the one classification can be in the same advertisement.
    Private party advertisers can use the number of lines required to adequately describe their articles, however only the maximum number of lines as outlined in the specific advertising deal are included in the FREE ad offer.
    Maximum of five (5) ads per household or phone number per week.
    Credit card payment for additional lines and components (Attention Getters, Large Headings, Photos, Border) applies.
    Ad appears for one Saturday in The Courier-Mail Weekend Shopper section.
    The Publisher reserves the right to decline free advertising on a space available basis.
    The Publisher reserves the right acting reasonably, to refuse any advertising which, in the Publisher's reasonable opinion, is or is suspected of being in breach of these Terms and Conditions.
    The Publisher reserves the right to change or terminate this offer at anytime without further notice. Notification of changes or termination will be posted on the Service or sent via electronic mail, where practicable and as determined by the publisher acting reasonably.
    All Weekend Shopper bookings in any or all of the Courier Mail, Sunday Mail where payment is facilitated via PayPal, either with a PayPal account or where PayPal is providing the credit card payment gateway, are not refundable.

The Courier Mail and The Sunday Mail (QLD) "Metro Garage Sales" Weekend Shopper on-line ad placement terms and conditions:

    This offer is available only for ads placed in the Garage Sales classification of The Courier Mail Weekend Shopper section.
        The Metro Garage Sales offer can be withdrawn at any time
    Offer available to private advertisers only.
    Only 'Garage Sales' items may be included in advertisement and must be placed under the correct classification.
    This offer is not available for any other classification other than 'Garage Sales' in The Courier Mail Weekend Shopper section.
    One (1) item only per advertisement.
    Maximum of five (5) ads per household or phone number per week.
    Credit card payment for additional lines and components (Attention Getters, Large Headings, Photos, Border) applies.
    Ad appears for one (1) Saturday in The Courier Mail Weekend Shopper section.
    The Publisher reserves the right to decline free advertising on a space available basis.
    The Publisher reserves the right acting reasonably, to refuse any advertising which, in the Publisher's reasonable opinion, is or is suspected of being in breach of these Terms and Conditions.
    The Publisher reserves the right to change or terminate this offer at any time without further notice. Notification of changes or termination will be posted on the Service or sent via electronic mail, where practicable and as determined by the Publisher acting reasonably.

The Courier Mail and The Sunday Mail (QLD) Free Ads for Private Party in Carsguide ad placement terms and conditions:

    This is a pricing offer for private advertisers only.
        Commercial advertisers should call their Carsguide representative directly, or call 132 202
    This pricing is available for vehicles which fall into the following categories: cars for sale; commercial vans; Four Wheel Drive; Prestige Vehicles; Sports/Coupes; Trucks; Utes; Vintage Cars.
    This pricing offer applies until further notice, and is subject to change without prior notice.
    The pricing is only available for online bookings made through the Ad Placer tool through couriermail.com.au for ads to be published in The Courier-Mail's Carsguide Shopper.
    All ads placed on this pricing offer will appear for two weeks in the Carsguide Shopper lift-out, published in Southern Queensland distribution run (as far north as Mackay and as far South as the Northern rivers of New South Wales) of The Courier-Mail Weekend Edition.
    The Courier-Mail will make every effort to publish your advertisement in the next Weekend Edition after your booking is made. Where this is not possible, the Courier-Mail will make every attempt to notify You and You may choose to run your advertisement in a later Weekend Edition or receive a refund if applicable.
    Only one vehicle per advertisement.
    The $30 pricing offer includes the first four lines of text of the advertisement, the $55 pricing offer includes the first 7 lines of text of the advertisement.
    All prices indicated above and within the couriermail.com.au website are GST inclusive.
    Credit card payment or PayPal payment for additional lines and components (Attention Getters, Large Headings, Photos, Border) applies.
    The Publisher reserves the right to decline advertising on a space available basis.
    The Publisher reserves the right acting reasonably, to refuse any advertising which, in the Publisher's reasonable opinion, is or is suspected of being in breach of these Terms and Conditions.
    The Publisher reserves the right to change or terminate this offer at anytime without further notice. Notification of changes or termination will be published in the paper, or posted on couriermail.com.au, where practicable and as determined by the Publisher acting reasonably.

PLEASE NOTE

    The Courier-Mail will preview the advertisement prior to accepting it or publishing it.
    You are required to enter accurate contact information.
    Ad bookings that do not contain accurate contact details including phone number will not be published.
    A booking confirmation will be sent to the email address you provide.
    Every advertisement is subject to The Courier-Mail's approval and The Courier-Mail may at its discretion refuse to accept an advertisement for publication if it believes the advertisement may offend or infringe the rights of any person or not comply with all the laws and regulations of the states and territories.
    The Courier-Mail will print the advertisement in every likeness to the advertisement that you have submitted, but will not be responsible for any errors or omissions that can occasionally occur.
    The Courier-Mail and Queensland Newspapers Pty Ltd reserves the right not to publish advertisements where space within the newspaper is restricted and/or where a suspected breach of the General Terms & Conditions current at the time of publication occurs, including those conditions outlined above.
    The deadline each week for placing advertisements in the following Weekend's Carsguide is Wednesday 3:45 PM (Queensland time) each week.
    Cancellations and changes can only be made online and will only be accepted until Wednesday 3:45 PM prior to the following The Courier-Mail Weekend Edition publication.

The Gold Coast Bulletin (QLD - Gold Coast) "Standard" GC Shopper on-line ad placement terms and conditions:

    70 characters only free for goods valued AUD$500 or under, including give away items.
        The under AUD$500 offer can be withdrawn at any time
        Items per each free ad must not exceed a total value of AUD$500.
    Gold Coast Shopper special advertising rates are exclusive to private party advertisers only, with domestic quantities and types of goods up to the value of $10,000.
    Only 'for sale' items may be included in advertisement and must be placed under the correct classification.
    This offer is not available for Garage Sales advertisements.
    This offer is not valid for all categories - Garage Sales and Fetes, Pets & Animals, Plants and Wanted to Buy are premium categories and incur a charge.
    One (1) item only per free advertisement. Items of a similar nature that fall within the one classification can be in the same advertisement.
    Private party advertisers can use the number of lines required to adequately describe their articles, however only the maximum number of lines as outlined in the specific advertising deal are included in the FREE ad offer.
    Credit card or PayPal payment for additional character blocks and components (Attention Getters, Large Headings, Photos, Border) applies.
    Ad appears for one Friday in The Gold Coast Bulletin Gold Coast Shopper section.
    The Publisher reserves the right to decline free advertising on a space available basis.
    The Publisher reserves the right acting reasonably, to refuse any advertising which, in the Publisher's reasonable opinion, is or is suspected of being in breach of these Terms and Conditions.
    The Publisher reserves the right to change or terminate this offer at anytime without further notice. Notification of changes or termination will be posted on the Service or sent via electronic mail, where practicable and as determined by the publisher acting reasonably.
    All Goldcoast Shopper bookings in any or all of the Gold Coast Bulletin where payment is facilitated via PayPal, either with a PayPal account or where PayPal is providing the credit card payment gateway, are not refundable.

Carsguide.com.au on-line ad placement terms and conditions:

    Advertised packages are for purchase by private advertisers only.
    Duplication of advertisements is prohibited. Only one advertisement for a vehicle can appear at any given time.

The Townsville Bulletin (QLD - Townsville) on-line ad placement terms and conditions:

    All material submitted is accepted on the understanding that it is not in contravention of any relevant laws or regulations.
    All advertisements must comply with the requirements of the Anti-Discrimination and Trade Practices Acts. The Townsville Bulletin reserves the right to change/reject wording without notice or liability. Please contact the Classified Manager before submitting your advertisement if advice is needed - Phone (07) 4722 4466.
    ALTERATIONS: Ads can be altered subject to deadline and approval
    CANCELLATIONS: Once ads have been approved they may be cancelled, however no monetary refunds will be issued. You may alter the ad and replace the phone number with ?SORRY SOLD? or similar as required. (Subject to Deadlines)
    PHOTOGRAPHS & COPY must be supplied of high quality and meet with the newspaper?s decency standards. The Townsville Bulletin reserves the right to change wording and reject unsuitable photos without notice or liability.
    ERRORS & OMISSIONS: whilst every care is taken in the publication of advertisements, errors may sometimes occur. In such cases no liability is accepted for the error, or its subsequent effects. If brought to our attention on day of publication adjustments may be made, but only for that space actually occupied by the error. No guarantee is given regarding the positioning of advertisements or colour in the advertisement and credits will not be given for advertisements appearing out of alphabetical sequence. No liability is accepted for errors occurring as the result of verbal instructions being given. Verbal instruction must always be followed by written confirmation within 24 hours of advice.
    PRIVACY POLICY: The North Queensland Newspaper Company Pty Limited collects your personal information to assist us in providing the goods or services you have requested, to process your competition entries, and to improve our products and services. We or any of our Australian related companies may be in touch by any means at any time in the future to let you know about goods, services, or promotions which may be of interest to you. We may also share your information with other persons or entities that assist us in providing our services, running competitions or with other companies who provide prizes for competitions or reader offers. This company is part of a global media and entertainment company. We would like to share your information with these overseas-related companies so that they can contact you with special offers. If you would prefer us not to please contact our privacy officer at PO Box 587, Townsville 4810. You can gain access to your personal information by contacting our privacy officer.

The NT News "Thursday Flea Market" on-line ad placement terms and conditions:

    Five lines only free for goods valued at AUD$500 or under, including give away items.
        The under AUD$500 offer can be withdrawn at any time.
        Items per each free ad must not exceed a total value of AUD$500.
    Offer available to private advertisers only.
    Only 'for sale' items may be included in advertisement and must be placed under the correct classification.
    This offer is not available for Garage Sales advertisements.
    Credit card payment for additional lines and components (Attention Getters, Large Headings, Photos, Border) applies.
    Ad appears for one Thursday in The NT News Flea Market section.
    The Publisher reserves the right to decline free advertising on a space available basis.
    The Publisher reserves the right, acting reasonably, to refuse any advertising which, in the Publisher's reasonable opinion, is or is suspected of being in breach of these Terms and Conditions.
    The Publisher reserves the right to change or terminate this offer at anytime without further notice. Notification of changes or termination will be posted on the Service or sent via electronic mail, where practicable and as determined by the Publisher acting reasonably.

The NT News "BIG Territory Market" on-line ad placement terms and conditions:

    Five lines only free for goods, including give away items.
        The offer can be withdrawn at any time.
        Items per each free do not extend to Real Estate items/properties, any type of motorized vehicle, garage sales, auctions and wanted to buy.
        Items up to a value of $10000
    Offer available to private advertisers only.
    Only 'for sale' items may be included in advertisement and must be placed under the correct classification.
    Credit card payment for additional lines and components (Attention Getters, Large Headings, Photos, Border) applies.
    Ad appears once in The NT News BIG Territory Market on a Saturday publication date and for 30 days online at nt.newsclassifieds.com.au
    The Publisher reserves the right to decline free advertising on a space available basis.
    The Publisher reserves the right, acting reasonably, to refuse any advertising which, in the Publisher's reasonable opinion, is or is suspected of being in breach of these Terms and Conditions.
    The Publisher reserves the right to change or terminate this offer at anytime without further notice. Notification of changes or termination will be published in the NT News, or posted on ntnews.com.au,where practicable and as determined by the Publisher acting reasonably.

DEFINITIONS

    Advertisement: Means an advertisement of any kind placed in any section of any Publication or where specifically specified in the Agreement.
    Advertiser: A person that utilises this Service to create and place an Advertisement in a Publication.
    Deadline: Means the time specified by a Publication by which all material and authorisations must be received for inclusion in the next edition of the Publication.
    Package (also called on Offer): Means a combination of features that may contain one or more of the following features - Ad Type; Ad Style; specified number of lines or cm depth; specified number of insertions in one or more Publication/s; the number/names of the Publications the Advertisement will appear in; a fixed cost for all defined Package components or a fixed price on a variable component eg. $x-xx/line. A Publisher may offer packages from time to time to an Advertiser.
    Publication: Includes the Publication as produced by the Publisher, in any format or medium including electronic, online or hard copy print.
    Publisher: The entity that publishes a Publication.
    You: The person entering into this Agreement being the Publisher's customer in whose name the account is conducted and can include an advertising agency.