Terms and Conditions

Owner
StreetMediaGroup is a trading name of StreetMediaGroup, LLC herein referred to as StreetMediaGroup or “Company”.

StreetMediaGroup Terms of Use
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using this Website. Website is defined as any collection of material placed in a computer server-based file archive that is publicly accessible, over the internet. StreetMediaGroup offers this Website, including all information, tools, and services available from this Website, to you, the User, conditioned upon your acceptance of and compliance with the terms, policies, and notices stated here.

Your use of this Website constitutes your agreement to these Terms.

Use of Materials on the Website
All content on this Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by StreetMediaGroup and is protected by copyright, trademark and other applicable laws. You may access, copy, download, and print the material contained on the Website for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download, or print. Any other use of the content on the Website, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Website, or use of the Website for purposes competitive to StreetMediaGroup, is expressly prohibited.

You agree to abide by all additional restrictions displayed on the Website as it may be updated from time to time. StreetMediaGroup, or its licensors or content providers, retain full and complete title to the material provided on the Website, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in StreetMediaGroup’s sole discretion. StreetMediaGroup neither warrants nor represents that your use of materials on this Website will not infringe rights of third parties not affiliated with StreetMediaGroup.

You may not use contact information provided on the Website for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data, or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. StreetMediaGroup reserves the right, in its sole discretion, to limit or terminate your access to or use of the Website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which StreetMediaGroup may be entitled at law or in equity.

Agreement Upon Acceptance
Until accepted and signed by StreetMediaGroup (“Company”), the Outdoor Advertising contract constitutes only an offer to purchase the advertising services described therein. Upon Company’s acceptance of the Agreement and the reservation of space for Advertiser/Agent, the Agreement shall be binding upon and inure to the benefit of the respective heirs, personal representatives, executors, administrators, successors, and assigns of the parties.

Contract and Pricing
Contracts and pricing are valid for 30 days. Contracts are not considered final until designs are approved or preapproved and Advertiser/ Agency accepts the Terms and Conditions. Upon review of requirements or special requests, Company reserves the right to resubmit updated pricing. Pricing may not reflect requests for design changes or resubmittal of advertising requiring production. Company reserves the right to update the pricing as additional fees are incurred.

Payment and Payment Terms
For the advertising services set forth in the Agreement, Advertiser/Agent promises to pay the monthly sums specified during the term of this Agreement. All payments required to be made by Advertiser/Agent thereunder shall be made at the address on the monthly invoice, or at such other place as Company may designate in writing. Advertiser/Agent agrees that in the event any one or more of the advertising displays covered by the Agreement may not be originally displayed, erected, or re-erected for any cause, such action will not affect the payments for other advertising displays covered by the Agreement. Company’s Credit Terms are Net 30 and accepts payments by credit, debit or check card, ACH, Wire transfer or other approved prearranged payment method. Additional Payment options are Payment in Advance by wire transfer, check, or credit card. Should Advertiser/Agency choose to pay by wire transfer, Advertiser/Agency will be responsible for ALL banking fees associated with the transfer. Should Advertiser/Agency choose to pay by credit card, all transactions are subject to a 2% convenience fee.

Advertiser/Agent agrees to pay each invoice in full within thirty (30) days of invoice issue date. Advertiser/Agent further agrees that Company shall be entitled to levy a service charge of one thirteenth (1/13) of the maximum annual interest rate allowed by the law of the state in which the Agreement is effective for each period of delinquency on all delinquent payment(s). Payments are delinquent if they are not received within thirty (30) days of the date the invoice is issued. Should this Agreement become subject to any federal, state, or local taxation, Advertiser/Agent authorizes Company to add such tax to the charges provided herein. Company reserves the right to stop all advertising and place the Advertiser/Agency on credit hold for past due invoices. Company reserves the right to charge interest as allowed by applicable law on the total order per month. Interest charges will compound monthly on the total amount until the past due balance, including any interest charges, is paid in full.  For invoices that are ninety plus (90+) days past due, Company reserves the right to use the services of a collection agency to obtain payment for such invoices. Invoices reaching ninety plus (90+) days past due may result in the Advertiser/Agent being sent to collections. If unpaid invoices are sent to collections, this includes payment of all costs and/or attorney fees associated with the collection of past due invoices. Company reserves the right to require pre-payment on all future orders and not extend credit to Advertiser/Agency.

Any and all personal data or financial information will be collected, stored, and processed according to our data protection policy and in accordance with our Privacy Policy.

Breach of Agreement
Advertiser/Agent shall be deemed to have breached the Agreement by Advertiser/Agent’s failure to comply with any of its duties under the Agreement, including the duty to pay all monthly payments required of it. In the event of a breach of this Agreement by Advertiser/Agent, Company may, upon written notice to Advertiser/Agent, remove and/or repossess the display(s) and declare the balance of the amount of the Agreement immediately due and payable, and Advertiser/Agent hereby agrees to pay such balance upon such contingency. Should Advertiser/Agent, after Company has declared the balance of the amount to the Agreement due and payable, pay the full balance herein provided together with all delinquency charges, within ten (10) days of the date of the notice provided above, Advertiser/Agent shall then be entitled to the use of the advertising display(s) under all of the terms and provisions thereof for the balance of the term of the Agreement. In lieu of accelerating said rentals as aforesaid Company, solely at its option, may terminate this Agreement, and without notice, remove and repossess said advertising display(s) and recover from Advertiser/Agent any damages which Company may have suffered by reason of Advertising/Agent’s breach or default. Advertiser/Agent agrees to pay, as a portion of damages in addition to and all other damages, the sum of One Thousand Dollars ($1,000.00) per display, said amount representing the cost and expense of Company for sales costs and expenses only in reselling the display. Should Company employ legal counsel to institute any action or suit to enforce any of the obligations of the Advertiser/Agent hereunder, including the payment of damages, Advertiser/Agent agrees to pay, in addition to all amounts found due from Advertiser/Agent to Company, Company’s reasonable attorney’s fees and court costs in all trial and appellate courts. Further, Advertiser/Agency each understand that either’s entitlement to any commission or discount under the agreement is expressly contingent on the full performance by both Advertiser/Agency of all conditions therein. Advertiser/Agent also agrees that any commissions or discounts to which it may be entitled may be used by Company to offset any other obligation due Company from Advertiser/Agent.

Loss of Location
If, for any reason, Company is unable to provide a display at the location(s) specified therein, Company may substitute location(s) of equal advertising value.

Loss of Illumination
Illumination shall be rendered from dusk until midnight on all lighted displays, unless otherwise noted, during the term of the Agreement. In the event it is necessary at any time to suspend illumination, Company will issue a prorated credit to Advertiser/Agent during the period illumination is discontinued, based on $50.00 per 30-day period or extend service beyond the termination date outlined in the Agreement.

Agent’s Representations
If the Agreement is executed by an advertising agency, Agency acknowledges that it is acting as an Agent for a disclosed principal, the Advertiser named on the Agreement. Agency further agrees that it will be jointly and severally liable, together with Advertiser, for all payments due to Company under the terms of the Agreement. Agency further agrees to be jointly and severally liable for Advertiser for the full and faithful performance of each and every condition imposed upon Advertiser by the Agreement.

Contingencies
Any failure or delay by Company in providing the advertising services agreed to therein resulting from acts of God, fires, strikes shortage of labor or materials, present or future governmental laws, ordinances, orders, rules, or regulations, expiration or other termination to Company’s lease of any of the space(s) contracted for, concerted action by employees or labor organizations, boycotts, riots, civil insurrection, war, national emergencies or any cause of contingency whatsoever beyond Company’s control, shall not constitute a breach of the Agreement either in whole or as to any part. In such event, Company shall allow Advertiser/Agent credit at the rate of such space contracted for, for the period during which service shall not be furnished, such credit will be rendered at Company’s option, whether by advertising service or new substituted space or spaces maintained under the terms and conditions thereof or by extending service under the Agreement for a period beyond the termination date therein provided.

LIMITATION OF LIABILITY OF WARRANTIES
COMPANY’S LIABILITY FOR ANY AND ALL LOSSES OR DAMAGES TO ADVERTISER/AGENCY RESULTING FROM COMPANY’S FAILURE TO PERFORM ANY PART OF THE SERVICES SPECIFIED THEREIN SHALL IN NO EVENT EXCEED THE PRICE OF THE DISPLAY WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL COMPANY BE RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

Assignment
The rights of Advertiser/Agency hereunder are not assignable without the prior written consent of Company.

Copy Schedule
If this is a new Agreement, Advertiser/Agent shall furnish Company approved copy and Special Treatment specifications (if any) within 10 business days prior to commencement of service for each display. Any display for which copy has not been so furnished, the commencement of service date and first billing date for the period contracted will automatically start in accordance with the display period date agreed upon the face of the agreement. Advertiser/Agent agrees that it shall be liable for and shall pay monthly installments for the entire term a digital, vinyl or painted display is available for display of such copy as Advertiser/Agent understands that space has been reserved for its benefit. No new production will be made after the 60th day prior to the end of the display period, and Advertiser/Agent will be entitled to no credit for vinyl production or repaints missed because of Advertiser’s failure to furnish copy, or such notice to reproduce or repaint existing copy, within the time specified. All production charges, including production, painting, extension, embellishments, special treatments, etc. are non-commissionable, payable in full within thirty (30) days of invoice issue date, and shall be charged in accordance with rates in effect at the time of execution of this agreement.

Copy Approval and Indemnity
Company reserves the right, in its sole and absolute discretion, to censor, reject or withdraw, at any time (either before or after production) any advertising copy, pictorial or otherwise, under the Agreement. Advertiser and its Advertising Agency, if any, each agree to defend, indemnify, and hold Company harmless from any and all losses, liabilities, claims, judgments, demands, costs and attorneys’ fees incurred by Company arising out of, or related to, the character, content or subject matter of any advertising copy displayed pursuant to this Agreement despite Company’s right to reject or withdraw.

Title
Company shall retain title to the artwork, vinyls, cutouts, extensions, illuminated letters and electrical and mechanical equipment of any display furnished by Advertiser/Agent until fulfillment of this agreement (and the payment of all sums due Company hereunder), whereupon title will pass to Advertiser/Agent. Upon receipt of written instructions from Advertiser/Agent within sixty (60) days after such fulfillment and payment, Company shall crate the material, at Advertiser/Agent’s expense, and ship the same to Advertiser F.O.B Company’s address. If Advertiser/Agent fails to take possession of this material within sixty (60) days time, title to the Property shall revert forthwith to Company, and the Company may use or dispose of the Property as Company sees fit, in its absolute and sole discretion.

Rates
Company reserves the right to alter rates, allotments, and discounts upon written notification thirty (30) days in advance of such change.

Specifications
The specifications signed by both parties are a part of the Agreement.

Disputes
Any discrepancy, disagreement, or dispute by Advertiser/Agency with respect to any invoice, or with any services provided thereunder, shall be reported to Company in writing by or before the due date of the invoice relating to the same, time being expressly of the essence. Failure to report any discrepancy, disagreement, or dispute within such time shall constitute a waiver by Advertiser/Agency of any and all disputes to such invoice or the service represented thereby.

Artwork
Artwork unsuitable for reproduction or display can be adapted by Company’s art department and will be billed according to the schedule in effect as of the date of this Agreement.

Late Artwork
The Advertiser/Agent must provide camera ready and/or approve artwork, materials, and installation instructions ten (10) business days prior to the initial Service Date. In the case of default in furnishing or approval of artwork by Advertiser, billing will occur on the initial Service Date. Company shall not be held liable for extensive artwork revisions that impact the start date listed in the original agreement.

Copyright/Trademark
Advertiser/Agent warrants that all approved and pre-approved designs do not infringe upon any trademark or copyright, state or federal laws. Advertiser agrees to defend, indemnify and hold StreetMediaGroup 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 copy displayed or produced pursuant to this contract. Advertiser/Agent gives authorization to Company to use all artwork files, imagery, and logos provided by the Advertiser/Agent or produced by Company for marketing and marketing promotional activities including but not limited to, usage on the website, digital marketing/advertising, brochures, social media marketing, email campaigns, etc.

Divisibility/Adjustment
In the event Company is unable to perform any part of the advertising services provided therein, Company reserves the right to eliminate such service, in the event an invoice has been paid, Company will issue credit to Advertiser/Agency for services invoiced but not performed; when Company has eliminated an advertising service as aforesaid and has not sent an invoice, the amount of the invoice will be reduced by the amount of the service eliminated.

Notices
All notices contemplated by the Agreement will be made in writing and mailed to the other party at the address listed on the Agreement, by Certified Mail, Return Receipt Requested.

Time of Essence
Time is of the essence with respect to all duties of Advertiser/Agent provided for in the Agreement.

Waiver
No waiver by Company of the nonperformance of any term, obligation, or condition of the Agreement shall be a waiver of any subsequent breach of, or failure to perform the same, or any other term, condition or obligation of the Agreement.

Venue
For all litigation arising out of or related to the Agreement, the parties agree that venue shall be in the county and state of the StreetMediaGroup office executing this Agreement.

Law Governing
The parties agree that the Agreement shall be construed in accordance with the laws of the state of the StreetMediaGroup office executing the Agreement.

Severability
The parties agree that if any of the conditions of the Agreement are determined to be void or unenforceable, the remainder of the Agreement continues to be of full force and effect.

Entire Agreement
The Agreement embodies the entire Agreement between the parties, and there are no collateral Agreement not contained herein. This Agreement may only be modified by a writing signed by both parties.

In the Event of Cancellation
Advertiser/Agent agrees to pay all outstanding authorized accessory costs and penalties if applicable. The Agreement is not cancelable.

Display, Substitution
Company agrees to have the poster display or advertising specified therein posted on the Posting Dates, subject to a (5) working day allowance; or if space is not available, as soon thereafter as space becomes available. If advertising space cannot be obtained for the posting schedule specified in an area, Advertiser/Agency may eliminate or substitute other posting dates. Such elimination or substitution shall not effect the remainder of this Agreement.

Production Provided by Advertiser/Agency
Advertiser/Agent who are providing their own production agrees to furnish, free of all cost to Company, the necessary production (including 20% additional posters) to keep the display in first class condition. In case of Advertiser/Agents failure to furnish sufficient additional production, no claim for loss of display will be made upon Company. Production must be received by Company at least five (5) business days prior to the posting date. If production is not received by Company early enough to permit posting on the dates specified in the Order and if this condition has been brought about through no default of Company, Company shall nevertheless be entitled to receive payments for the full period of this Order, and the display(s) will expire on the date of the Order. Advertiser/Agent understands that space has been reserved for Advertiser/Agents benefit. Any assistance by Company in securing production is done as a courtesy and shall in no way abrogate or relive Advertisers/Agents responsibility to furnish therein. Unused production may be disposed of by Company upon completion of the schedule called for therein, unless written instructions to do otherwise are received by Company. Company does offer the option to produce the production on the Advertiser/Agency’s behalf. Additional charges will apply.

Re-Posting Charge
Advertiser/Agents are entitled to one posting of their showing during each thirty (30) day period, unused postings may not be carried forward, and credit for them will not be issued. If, during the contract period of the display, Advertiser/Agent has requested a change in copy or the posting of overlays or additional sheets, Advertiser/Agent agrees to pay the Company for the extra service in accordance with the rates in effect at that time. Company shall not be responsible for condition of posters beyond expiration.

Changes to These Terms and Conditions
StreetMediaGroup/Company may update these Terms and Conditions from time to time. Company will notify of any changes by posting the new Terms and Conditions on Company’s website and updating the effective date at the top of the page. These Terms and Conditions cannot be modified orally, but only by an expressed written agreement from StreetMediaGroup. All transactions are subject to the Terms and Conditions in effect at the time of the transaction.

Contact Us
If you have any questions about these Terms and Conditions, please contact us at:

StreetMediaGroup. LLC.
3553 Clydesdale Pkwy. Suite 310
Loveland, Co 80538
Email: marketing@streetmediagroup.com
Phone: +1.844.804.8535

Thank you for choosing StreetMediaGroup. We appreciate your trust in us and are committed to protecting your privacy.