Advertising Terms & Conditions

The Chronicle of Philanthropy may change the Terms or modify any features of the Services at any time at our sole discretion. The most current version of the Terms can be viewed by clicking on the “Advertising Terms and Conditions” link on the Chronicle homepage. If you continue to use the Services after changes are posted, you will be deemed to have accepted the change.

General Terms

Advertising content is subject to the Chronicle’s approval. The Chronicle reserves the right to reject or cancel any advertisement at any time and for any reason.

Privacy — By using the Services, you indicate that you understand the information collection, use, and disclosure practices described in the Privacy Policy.

Advertising content that could be mistaken as news or other non-advertising material must be clearly marked “Advertisement,” “Special Advertising,” or “Sponsored Content.” The Chronicle reserves the right to add such notations above and/or below any copy to ensure clarity. Only publication of an advertisement shall constitute final acceptance of Advertiser’s order.

Positioning of advertisements is at the discretion of the Chronicle, unless expressly agreed in writing.

Unless specifically agreed to in writing for special types of campaigns, the Chronicle does not guarantee any particular level of paid circulation, reach, readership, impressions, click-throughs, or other performance metrics.

Advertiser grants to the Chronicle a royalty-free right to convert print advertisements into digital products, to include them in electronic databases and other versions of the publication, and to make them available through the internet or through other sources.

Agencies that place advertisements on behalf of an Advertiser are also subject to these Advertising Terms and Conditions unless a separate Agency Agreement has been executed with the Chronicle.

Advertiser assumes liability for all content of advertisements published by the Chronicle. Advertiser grants the Chronicle the non-exclusive right and license to use, reproduce, transmit, and distribute all creative materials supplied by or on behalf of the Advertiser, including, without limitation, all text, graphics, logos, illustrations, and photographs (the “Creative”). Advertiser represents and warrants that: (i) it has all the necessary rights in the Creative; (ii) the Creative does not violate any applicable law or regulation; and (iii) the Creative does not violate or infringe upon any third-party right in any manner or contain any material or information that is defamatory, libelous, slanderous; that violates any person’s right of publicity, privacy or personality; or that may otherwise result in any tort, injury, damage, or harm to any person. The Advertiser acknowledges that the Chronicle is relying on the foregoing representations and warranties.

To the extent permitted by state law, Advertiser agrees to indemnify, defend, and hold the Chronicle and its respective officers, directors, and employees harmless from and against any and all expenses and losses of any kind (including reasonable attorneys’ fees and costs) incurred on the basis of a breach of any of the foregoing representations and warranties or in connection with any claim arising from or related to any advertisement supplied by the Advertiser, including, but not limited to, claims of copyright or trademark infringement and claims of libel or invasion of privacy.

This Agreement shall be governed by the laws of the United States and the District of Columbia. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions. You agree that any disputes, legal action or suit arising out of or in connection with these Terms or your use of the Services must be brought in the state or federal courts located in the District of Columbia. You irrevocably consent to the jurisdiction of, and venue, in, such courts and waive any objection that such courts are an inconvenient forum.

Advertisements not received by the closing deadline will not be subject to approval or revision by the Advertiser and/or its agency. The Chronicle will not be responsible for errors appearing in advertisements that are placed too late for proofs to be submitted, or for errors in advertisements received after the closing deadline. The Advertiser is responsible for checking the accuracy of the proofs it receives.

Cancellations or changes in orders must be received in writing by the deadline date.

The Chronicle shall not be liable for any costs or damages if, for any reason, it fails to publish an advertisement. The Chronicle is not liable for delays in delivery and/or nondelivery in the event of an Act of God, action by any governmental or quasi-governmental entity, fire, flood, insurrection, riot, explosion, embargo, strikes (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, or any condition beyond the control of the Chronicle, pandemics, epidemics, or cyberattacks.

For online and e-mail-newsletter advertising, The Chronicle shall not be liable to the Advertiser for any technical malfunction, computer error or loss of data, or other injury, damage, or disruption to advertisements or Web sites, that is beyond the control of the Chronicle. Although the Chronicle has extensive security on its systems, it has no obligation to detect nor does it take any responsibility for the presence of any computer virus or malicious code in any emails or files exchanged to or from Advertiser.

Advertiser shall ensure that its materials comply with all applicable federal, state, and local data protection, privacy, and digital advertising laws and regulations, including but not limited to the California Consumer Privacy Act (as amended by the CPRA), applicable state privacy laws, FTC regulations, and, where applicable to the Advertiser, the General Data Protection Regulation (GDPR).

Third-Party Content and Links to Third-Party Websites

The Services may contain third-party owned content and links to other websites (“Linked Sites”). The Chronicle does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of the Chronicle, and the Chronicle is not responsible for the content or privacy practices of the Linked Sites.

The Chronicle’s sole liability for any error for which it might be responsible will not exceed the cost of the advertisement. Claims for errors must be made in writing within 30 days of the issue date or the date the advertisement first appeared online.

IN NO EVENT SHALL THE CHRONICLE BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, NOTHING HEREIN SHALL LIMIT THE CHRONICLE’S LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Force Majeure for In-Person Event Sponsorships: Should any circumstance beyond the control of the Chronicle, including by way of example and not by way of limitation, acts of God and nature, acts of terrorism, actions by governmental authority (whether valid or invalid), fires, explosions, riots, natural disasters, epidemics, pandemics, disease, wars, sabotage, work stoppage or other labor problem, prevent the Chronicle from holding the Event as scheduled or as modified as specified in the Insertion Order, the Chronicle shall be entitled to cancel the Event and terminate the Insertion Order without penalty, in which event the Customer shall be entitled to a pro-rated refund of such portion of its Sponsorship Fee as remains following deduction by the Chronicle of the expenses incurred up to the time this Agreement is terminated. For avoidance of doubt, the unearned Sponsorship Fee shall be calculated in the sole discretion of the Chronicle.

Unless specifically agreed to in writing by the Chronicle, these Advertising Terms and Conditions shall supersede and control any contrary provision of any advertiser contract, insertion order, or copy instructions, even if the included advertisement is published. The Chronicle does not accept insertion orders containing disclaimers of any kind.

No Waiver. The failure of the Chronicle to enforce any one or more of these provisions will not be construed to be a waiver of any of the Advertising Terms and Conditions clauses or of the Chronicle’s right to enforce such provisions.

No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Chronicle as a result of these Terms or your access to and use of the Services.

Entire Agreement. Unless otherwise specified herein, the Terms constitute the entire agreement between you and the Chronicle and govern your use of the Services. If any portion of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

Recruitment Advertisements

1(a).  The Chronicle recognizes the time and resources that employers dedicate to finding the right candidates and that job seekers invest in finding the right role for them. In order to create a mutually beneficial hiring experience for both job seekers and employers, we require that every job advertisement, listing, or promotion posted through the Services (each, a “Job Posting”) represents a real, current, legal, equitable, and non-discriminatory opportunity.

1(b).  While the Chronicle reserves the right to review Job Postings at any time, the Chronicle has no obligation to review any Job Posting. The Chronicle may, with no liability or penalty, remove or refuse to post any Job Posting or suspend the promotion of any or all Job Postings for any reason in the Chronicle’s sole discretion.

1(c).  Additionally, the Chronicle may take any action it deems appropriate with respect to any Job Posting that: (i) is inaccurate, fake, misleading, or deceptive; (ii) violates or infringes on a third party’s intellectual property or privacy rights; (iii) violates or fails to comply with any applicable law, rule, or regulation; (iv) violates Advertiser’s contractual obligations with the Chronicle; (v) is libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, or abusive; or (vi) contains content that is not appropriate for any other reason determined by the Chronicle.

1(d).  Such action may include: (A) disclosing Advertiser’s identity or other information about Advertiser to any third party who claims that material posted by Advertiser violates their rights, including their intellectual property rights or their right to privacy; and (B) taking legal action, including referral to law enforcement or initiation of civil proceedings, in connection with any illegal or unauthorized use of the Services.

Job Posting Rules

Advertiser may not post or promote any Job Posting that:

• Fails to comply, or includes content that fails to comply, with applicable law or regulation, including laws relating to labor and employment, anti-discrimination, pay transparency, pay equity, pay history, criminal background requests, and the like.
• Promotes a Job Posting that is not current and available.
• Does not permit a user to complete an online application.
• Contains inaccurate, false, deceptive, or misleading information.
• Is libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, or abusive, or violates or infringes on the rights of any third party.
• Contains hidden keywords or keywords that are irrelevant to the job opportunity being presented.
• Sells, promotes, or advertises products or services.
• Endorses a particular political party, political agenda, or political position, or promotes a particular religion.
• Involves ownership of any franchise, pyramid scheme, club membership, distributorship, or multi-level marketing opportunity, or requires recruitment of other members, sub-distributors, or sub-agents.
• Requires applicants to pay to apply, pay for training, pay for training materials, or pay for samples without reimbursement.
• Uses the Services to collect information from applicants in a manner that violates applicable data protection, privacy, or digital advertising laws. Advertiser shall ensure that its materials comply with all applicable federal, state, and local data protection, privacy, and digital advertising laws and regulations, including but not limited to the California Consumer Privacy Act (as amended by the CPRA), applicable state privacy laws, FTC regulations, and, where applicable to the Advertiser, the General Data Protection Regulation (GDPR).
• Contains content or links to content that exploits people in a sexual, violent, or other manner, or solicits personal information from anyone under the age of 16.
• Includes any screening requirement or criterion that is not a bona fide occupational requirement for the role.
• Is for an employer that is an individual or household rather than a business.
• Pays commissions only (except for Job Postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling).
• Fails to include geographic information that maps to a specific city, ZIP code, or state and country.
• Requires citizenship or lawful permanent residence in a country, unless required in order to comply with law, regulation, or a federal, state, or local government contract.

2. Recruitment advertisements may not contain references or links to other commercial job services.
3. Online Job Postings may only reference one open position. The Chronicle does not allow multiple job posts in a single online Job Posting and does not permit language that states or suggests multiple open positions, except where each open position carries the same job title. The Chronicle may take down any online Job Postings that violate these terms without advance notice or refund to Advertiser.
4. Print job advertisements may reference multiple jobs. However, the online portion of such advertisements may only list a single job. Our representatives will work with you to develop the most appropriate online listing given your needs and your budget, and to help comply with the single online advertisement requirement.

Financial Terms

All rates are subject to change.

New advertisers not known to the Chronicle are required to pay in advance for their first insertion and may be subject to payment terms not specified in these Advertising Terms and Conditions.

The Advertiser will be short-rated if, within any contract period, the Advertiser does not use the amount of space or submit the required number of insertions upon which its billings have been based.

Invoices are due in U.S. dollars upon receipt.

Invoices are deemed past due if unpaid 30 days from the date of the invoice. Subject to state law, interest charges may accrue at 1 percent per month on past-due invoices.

The Advertiser will be deemed delinquent if any invoices remain unpaid 60 days from the date of the invoice. For delinquent accounts, the entire amount owed by the Advertiser shall become due and payable immediately, and the Chronicle may refuse to publish further advertising.

The Chronicle may seek assistance from an outside collection agency or law firm. If permitted by state law, Advertiser and/or its agency will be responsible for collection fees totaling 25 percent of the total outstanding balance plus reasonable attorneys’ fees and court costs, if any.

Delinquent accounts will not be deemed current until all invoices, interest, and fees are paid in full.

The failure of the Chronicle to enforce any one or more of these provisions will not be construed to be a waiver of any of the Advertising Terms and Conditions clauses or of the Chronicle’s right to enforce such provisions.

All payment obligations are non-cancellable and non-refundable except as expressly set forth herein, including the pro-rated refund provided under the Force Majeure for In-Person Event Sponsorships provision above.

The indemnification, limitation of liability, governing law and jurisdiction, and financial terms provisions of these Terms shall survive any termination or expiration of these Terms.