Terms of service - Marketing to Military Consumer. On-Base Media

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TERMS AND CONDITIONS

THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE Military Out-Of-Home website (THE “SITE”) and associated services (collectively, the “SERVICES”). BY ACCESSING OR USING THE SITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (TOGETHER, “YOU”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. TO AGREE TO THESE TERMS AND CONDITIONS, CLICK “I AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, YOU WILL NOT BE PERMITTED TO USE THE SERVICES OFFERED BY Military Out-Of-Home. Note, that Military Out-of-Home may change or modify these Terms and Conditions at any time without notice to you. It is your responsibility to periodically review these Terms and Conditions for updates or changes. By using this website from time to time, it is presumed that you have read these Terms and Conditions and failure to do so will be a complete forfeit of any and all claims brought against Military Out-of-Home for any reason whatsoever.

The terms “Client”, Advertiser”, Agency”, “Your” and “You” refers to you, the person accessing this website either individually or on behalf of your employer. The terms “Military Out-Of-Home”, “Site”, “Company”, “Ourselves”, “We”, and “Us” refer to Military Out-Of-Home and its affiliates, collectively.

PRIVACY POLICY

We are committed to maintaining the confidentiality, integrity and security of any information you provide to us. During the registration process, you will be required to provide us with certain personal information about you (e.g., contact information); we will not share such information with anyone outside of Military-Out-of-Home or its affiliates. Advertisers and/or agencies may also provide us with information in connection with specific requests for Military Out-of-Home’s assistance with planning, actual media and/or materials buy (“planning and buying information”); such information is confidential and will only be shared with specific military base(s) or installation(s) or military branch(es) and U.S. Department of Defense military and civilian employees as may be necessary to provide you with a plan and/or to complete the buying services. As we work with military bases and installations, planning and buying information may also be shared with the U.S. Government upon their request. Depending on the specifics of the purchase, we may use a third party vendor to help provide services to you. Our contracts with these third party vendors outline the appropriate use and handling of your information. Information may be transferred or shared due to a sale, merger, acquisition, reorganization, partnering or teaming arrangement or other such change in control.

In order to access the information on the Site, you will establish an account with us (an “Account”). You are responsible for maintaining the confidentiality and security of your login ID and password and for all activities that occur on or through your Account, and you agree to immediately notify us of any security breach of your Account. You may not provide this information to another party to access the Site (including any other person also employed by your employer), and doing such will result in rescinding your registration and access to the Site. Military Out-of-Home shall not be responsible for any losses arising out of the unauthorized use of your Account.

SERVICES

Military Out-of-Home offers online information on advertising opportunities at individual military bases and installations, located under “Planning Tools” section of the Site. Services may also include and may also be located on third party applications either by way of a link from an add-on service to, or plug-ins or otherwise in connection with, websites that provide such third party content (see Third Party Materials section below). Users who establish an Account may access and utilize the “Planning Tools” and also submit requests for media recommendations or plans, as well as the pricing of media recommendations and plans from Military Out-of-Home through the Site.

Though Military Out-of-Home may strive to continually update the information in its Planning Tools section, given the fluid nature of changes in military populations as well as changes to advertising assets under the bases and installations, we do not guarantee its accuracy or completeness. However, Military Out-of-Home will provide our commercially reasonable best efforts in ensuring up-to-date and accurate information is available as the media buy or purchase is finalized.

Nothing in any of the Services should be deemed an offer or promise to sell a specific advertising or sponsorship opportunity. Any media buy or purchase will require the approval of the specific military bases and installations under whose aegis each opportunity falls. In addition to the requirement that each base approve the advertiser, product, advertising unit, availability of space and timing, you recognize that each base and installation requires final approval of advertising creative content. It is Military Out-of-Home’s responsibility to work with each base and installation to obtain approval for the advertiser and their product, negotiate terms of the buy, finalize the terms of the buy, ensure that advertising material contain the correct disclaimer language required by the Department of Defense, obtain approval for production of the creative, complete posting, and ultimately provide photographic proof of posting and/or affidavits certifying performance. Any such media buy or purchase will be governed by the terms of a separate contractual agreement between the parties.

ADVERTISING/MEDIA AGENCIES & ADVERTISERS

Military Out-of-Home provides access for advertising/media agencies and advertisers for the purposes of gathering media information, developing media plans and placing media orders, for themselves and/or clients’ purposes only. Falsely registering as an advertising/media agency or advertiser and/or gaining access to, using or sharing information not for these purposes is not allowed and will result in suspension or termination from our Site. Advertising/media agency or advertisers who request and receive planning information and/or place media orders do so with the intent to use it solely for their or their clients’ advertising purposes. Violations of this provision may result in civil or criminal liability.

TERMINATION; SUSPENSION; MODIFICATION

If you fail to comply with any of the terms of these Terms and Conditions or otherwise misuse the Site or Services, Military Out-of-Home may, at its sole discretion, without notice to you terminate the Services.

Military Out-of-Home has the right at any time and in such frequency as it determines to suspend, modify, or terminate the Services, in whole or part, with or without notice to you. Military-Out-of-Home is not liable to you or any third party for any such suspension, modification, or termination of the services for any reason.

CANCELLATIONS

The U.S. Government always reserves the right to cancel any program for any reason at its sole discretion.

INTELLECTUAL PROPERTY

You should assume that everything you see or read on the Site is Military Out-of-Home’s proprietary information protected by copyright or trademark law unless otherwise noted, and may not be used except as provided in these Terms and Conditions or with the written permission of Military Out-of-Home. Nothing posted on this Site grants a license to any Military Out-of-Home intellectual property rights, whether by implication, estoppel or otherwise.

Restrictions on Use

The material included on this Site, such as text, graphics, logos, images, photographs, digital downloads, data compilations and software (the “Content”), is the property of Military Out-of-Home and/or third-party licensors and is protected by United States copyright laws. Modification or use of the Content except as expressly provided in these Terms and Conditions violates Military Out-of-Home’s intellectual property rights.

The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Military Out-of-Home, except that you may download, print, distribute and use pages or information from the Site in order to fulfill a bonafide planning request for a client’s advertising purposes (see Advertising/Media Agencies & Advertisers section above). You may not download, print, distribute and use pages or information from the Site for general commercial use or general distribution.

Registration and access does NOT include the right for you to:

1. Publish, publicly perform or display or distribute to any third party, any materials, including reproduction on any computer network, broadcast or publications media;
2. Market, sell, or make commercial use of the Site, the Services or material;
3. Systematically collect or use of any data spiders, robots or other similar data gathering mining or extraction methods;
4. Reverse engineer any portion of the source code on the Site or the websites of third parties;
5. Enable or create links to this website;
6. Use, frame or utilize framing techniques to enclose any portion of this Site, the materials included therein or Services;
7. Participate in or undertake any actions or practices that are not aligned with the spirit or intent of these Terms and Conditions;
8. Conditions or do anything that may be deemed to be commercially unreasonable.

THIRD PARTY MATERIAL

Military Out-of-Home may provide links to third-party websites as a convenience to you. You agree that we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Military Out-of-Home is not in any way responsible for any such use by you.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS

MILITARY OUT-OF-HOME DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

IN NO CASE SHALL MILITARY OUT-OF-HOME, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SITE OR SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

MILITARY OUT-OF-HOME SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SITE AND SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND MILITARY OUT-OF-HOME HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

MILITARY OUT-OF-HOME DOES NOT REPRESENT OR GUARANTEE THAT THE SITE AND SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND MILITARY OUT-OF-HOME DISCLAIMS ANY LIABILITY RELATING THERETO.

WAIVER AND INDEMNITY

BY USING THE SITE AND SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD MILITARY OUT-OF-HOME, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE SITE AND SERVICES.

MISCELLANEOUS

These Terms and Conditions constitute the entire agreement between you and Military Out-of-Home relating to the Site and the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms and Conditions 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 intentions of the parties, and the remaining portions shall remain in full force and effect. Military Out-of-Home’s failure to enforce any right or provisions in these Terms and Conditions will not constitute a waiver of such or any other provision. Military Out-of-Home will not be responsible for failures to fulfill any obligations due to causes beyond its control.

These Terms and Conditions are governed by New York law, without giving effect to its conflict of law provisions. You expressly agree that exclusive jurisdiction for any claim or dispute with Military Out-of-Home or relating in any way to your use of the Site or Services resides in the courts in the State of New York. You hereby waive any right to a trial by jury in connection with any dispute relating in any way to these Terms and Conditions, the Site or the Services.

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