Terms & Conditions
1. Advertising Services: Upon payment of any Advertising Contract, Advertiser and/or Agency, (hereinafter referred to as Advertiser) and Buzz Screens Media, LLC (hereafter referred to as Buzz Screens), agree to the Terms and Conditions as set forth which can be viewed and accessed at https://www.buzzscreens.com/terms-conditions. Buzz Screens retains the right to amend and update these Terms and Conditions from time-to-time as they deem necessary.
2. In exchange of payment: Buzz Screens shall provide the advertising services specified in each advertising contract.
3. Late Artwork: The Advertiser must provide or approve artwork, materials, and creatives ten (10) days prior to the initial Service Date. In the case of default in furnishing or approval of artwork/creatives by Advertiser, billing will occur on the initial Service Date.
4. Copyright/Trademark: Advertiser warrants that all approved designs do not infringe upon any trademark or copyright, state or federal. Advertiser agrees to defend, indemnify, and hold Buzz Screens Media LLC free and harmless from any and all loss, liability, claims and demands, including attorney's fees arising out of the character contents or subject matter of any artwork/creative displayed or produced pursuant to the respective Advertising Contract.
5. Late Payments: If Advertiser fails to pay any invoice when it is due, in addition to amounts payable thereunder, Advertiser will promptly reimburse collection costs, including reasonable attorney's fees plus a monthly service charge at the rate of 1.5% of the outstanding balance of the invoice to the extent permitted by applicable law. Delinquent payment will be considered a breach of this contract. Payments will be applied as designated by the Advertiser; non designated payments will be applied to the oldest invoices outstanding.
6. Service Interruptions: If Buzz Screens Media LLC is prevented from posting or maintaining any of the spaces by causes beyond its control of whatever nature, including but not limited to acts of God, strikes, work stoppages or picketing, or in the event of damage or destruction of any of the spaces, or in the event Buzz Screens Media LLC is unable to deliver any portion of the service required in this contract, including repair, or maintenance, this contract shall not terminate. Credit shall be allowed to Advertiser at the standard rates of Buzz Screens Media LLC for such space or service for the period that such space or service shall not be furnished or shall be discontinued or suspended. Buzz Screens Media LLC may discharge this credit, at its option, by furnishing advertising service on substitute space, to be reasonably approved by Advertiser, or by extending the term of the advertising service on the same space for a period beyond the expiration date. The substituted or extended service shall be of a value equal to the amount of such credit.
7. Entire Agreement: each advertising contract and all their respective pages, constitutes the entire agreement between Buzz Screens Media LLC and Advertiser. Buzz Screens Media LLC shall not be bound by any stipulations, conditions, or agreements not set forth in the advertising contract. Waiver by Buzz Screens Media LLC of any breach of any provision shall not constitute a waiver of any other breach of that provision or any other provision.
8. Artwork/Creative Acceptance: Buzz Screens Media LLC reserves the right to determine if Creative(s) and their design are in good taste and within the moral standards of the individual communities in which it is to be displayed. Buzz Screens Media LLC reserves the right to reject or remove any creative(s) either before or after installation, including immediate termination of this contract.
9. Termination: All contracts are non-cancellable by Advertiser without the written consent of Buzz Screens Media LLC. Breach of any provisions contained in this contract may result in cancellation of this contract by Buzz Screens Media LLC.
10. Creatives Storage: Production materials and creatives will be held in the system for the duration of the contract. Upon termination or completion of the applicable advertising agreement the creative(s) may be removed or deleted.
11. Customer Provided Production: The Advertiser is responsible for producing and supplying their creative(s) and their production. These materials must be produced in compliance with Buzz Screens Media LLC production Creative Requirements.
12. Assignment: Advertiser shall not sublet, resell, transfer, donate or assign any advertising space without the prior written consent of Buzz Screens Media LLC.
13. Digital Provisions: Buzz Screens Media LLC will strive to provide Advertisers with 100% of the time they contract. However, due to problems with power interruptions, emergency governmental warnings (e.g. Amber Alerts) or other unforeseen interruptions, Buzz Screens Media LLC is guaranteeing copy will be displayed an average of 92.5% of the time contracted. If a location should be lost during the period of display for any reason, a digital location of equal advertising value will be substituted, or credit issued for the loss of service. For purposes of determining whether a credit is due, the average number of guaranteed impressions per day will be measured over the duration of the contract, e.g., during a four-week contract, the available impressions during the entire four week term of the contract will be calculated and 92.5% of that number will be used as the basis to determine whether a credit is due the Advertiser. If Buzz Screens has provided 92.5% or greater of available impressions, then no credit will be due.
14. Customer Supplied Content: When Advertiser desires to purchase digital advertising from Buzz Screens featuring images, photographs, graphics, text, data, or other such media (“Customer Supplied Content (CSC)”) that will be provided by Advertiser, some of which may be owned and/or provided, directly or indirectly, by a third party (hereinafter “Third Party Customer Supplied Content or Third Party CSC”): (i) the Advertiser shall be solely responsible to ensure the appropriateness and inoffensive or otherwise innocuous nature of the CSC or Third Party CSC. (ii) Advertiser acknowledges that Advertiser is solely responsible for acquiring, licensing, and/or purchasing any Third-Party CSC and/or has the authority to use and to license CSC and Third-Party CSC. (iii) Advertiser warrants that the CSC and/or Third-Party CSC will comply with all applicable local, state, and federal laws and regulations. (iv) Advertiser shall be solely responsible for the truthfulness, accuracy (including phone number(s), email(s), website(s), spelling, etc.), integrity, and lawfulness of the CSC and/or Third-Party CSC. (v) Advertiser shall defend, cover, indemnify and hold Buzz Screens harmless for all loss, expense, or damages, of whatever nature, which may be incurred by Buzz Screens as a result of any claims or actions in connection with Buzz Screens' or Buzz Screens' affiliates and subsidiaries for use of the CSC or Third-Party CSC. Claims or Actions shall specifically include but not be limited to the CSC's or Third-Party CSC's public appropriateness. The foregoing duty to defend, cover and indemnify shall include, without limitation, a duty to pay any attorneys' fees and other costs of defense incurred by Buzz Screens and its affiliates or subsidiaries. (vi) Advertiser hereby grants to Buzz Screens a paid up, non-exclusive, royalty-free license to use, reproduce, display, perform and modify the CSC and Third-Party CSC, on its digital displays or to adapt the CSC and Third-Party CSC for such use. The license granted herein includes the right to prepare works which may be considered derivative works of the CSC and/or Third-Party CSC or any intellectual property contained therein. Additionally, Advertiser grants to Buzz Screens such trademark license rights as may be necessary for Buzz Screens to use the CSC and Third-Party CSC on its digital displays
15. Non-Exclusivity: The Parties acknowledge and agree that the services provided hereunder are provided on a non-exclusive basis, and nothing herein shall be construed as prohibiting Buzz Screens or the Advertiser from engaging similar services with third parties during the Term of this Agreement.
16. Independent Contractor: The Parties agree that the Advertiser/Agency is an independent contractor with regard to all services provided under this Agreement. No Party shall hold itself out as an employee or agent of the other Party. No Party has any authority to enter into any contract on behalf of the other without explicit prior written agreement.