These terms and conditions, along with the associated documents, including the Production Information Addendum, applicable addenda for additional products and services (such as mobile advertising or attribution services), and the Company’s Specifications for Inventory and Packages, collectively define the obligations and rights of all involved parties. If an advertising agency or other agent or licensee ("Agency") acts on behalf of an advertiser, the Agency warrants that it has the necessary authority to do so.
The advertiser is responsible for furnishing and delivering advertising materials ("Copy") at its own expense, in the required format, along with any necessary overage supply and instructions, at least twelve (12) working days before the estimated campaign start date unless otherwise agreed in writing. Delays or improper delivery may result in additional costs or loss of service time, and the Company reserves the right to utilize affected locations at its discretion without affecting the advertiser's financial obligations. Expedited installation within five (5) working days of late Copy submission will incur a minimum fee of $1,150 per location.
The content, design, and materials used for all Copy are subject to approval by the Company and, where applicable, by property owners, transit authorities, or other controlling entities ("Owner"). Content featuring nudity, pornographic, profane, or obscene material is prohibited. If submitted Copy is rejected, the advertiser must provide acceptable replacements within ten (10) days of notification. Failure to do so may allow the Company to repurpose the locations without waiving the advertiser's payment obligations. If an advertisement is later deemed inappropriate by an Owner or is determined to cause reputational or legal risks, the Company reserves the right to remove it and either terminate the agreement or request a replacement. The advertiser agrees to indemnify, defend, and hold the Company and Owner harmless from any claims, liabilities, or costs arising from displayed content, including but not limited to defamation, misrepresentation, intellectual property infringement, or privacy violations.
If the advertisement involves political, religious, or social issues, the advertiser and Agency may not issue press releases, public statements, or media outreach related to the placement without prior written consent from the Company. Any legally required disclosures must be reviewed and approved by the Company beforehand.
Advertisers must inspect all displays within three (3) days of installation. If no defects are reported within this period, the displays will be considered accepted in their current condition and location.
The Company will use commercially reasonable efforts to maintain static displays in good condition. If static Copy is lost, stolen, damaged, or deteriorates, the advertiser must supply replacements at its own expense. If not replaced, the Company may use the locations as it deems appropriate, without altering the advertiser's financial obligations. Additional repainting or reposting requested by the advertiser will require prepayment at the Company's prevailing rates.
If the Company cannot secure, maintain, or continue using an advertising location, posts fewer displays than specified, or if a location becomes obstructed, damaged, or fails to meet minimum digital display standards, these occurrences will not be considered a breach of these terms, nor will the Company be liable beyond the specified remedies.
Advertisers acknowledge that all payments are non-refundable, non-contingent, and not subject to dispute, regardless of subcontracting, delegation, or third-party involvement. Advertisers waive the right to seek reversals or reimbursements through financial institutions or legal action. Any attempt to do so will be considered a material breach, entitling the Company to legal and equitable remedies.
Where illuminated static displays are provided, illumination will generally be from dusk to midnight unless otherwise specified. Interruptions in illumination will not result in liability for the Company.
Invoices are issued monthly in advance, beginning with the first advertising period. Late payments will accrue interest at a rate of 1.5% per month (18% annually) or the maximum legal rate.
All placements are subject to a credit check and approval by the Company.
If an advertiser defaults or materially breaches these terms, the Company may, without notice, terminate services and demand immediate payment of all outstanding amounts.
The Company is not responsible for any unused advertising materials provided by the advertiser.
These terms represent the entire agreement between the parties. They are non-cancelable and non-assignable by the advertiser, and the advertisement content cannot be changed without prior consent. These terms shall be governed by the laws of the State of New York, with any disputes resolved exclusively in the courts of New York County.
These terms may be executed in multiple counterparts, each constituting an original document, collectively forming the full agreement.