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TERMS AND CONDITIONS

OFM Publishing LLC dba OUT FRONT Magazine (“OFM”) and the person, firm or
entity, including, but not limited to, client (“Client”), their buying agencies
(“Agency”) and organizations known as advertising or buying services
(“Service”), applying for credit to purchase such advertising and seeking to
purchase advertising/event space (collectively called “Buyer”) hereby agree that
the following terms and conditions shall govern issuance of credit and purchase
of advertising space by and in OFM’s print publication (“Publication”), website
(“Website”) and/or any other digital or print medium (“Other Medium”):


 1. BILLING AND PAYMENT

(a) OFM will bill Buyer monthly unless otherwise agreed upon in writing.
(b) Invoices shall contain advertisement/product, date, ad specifications and
cost.
(c) Payment is due in full prior to each advertising insertion unless credit has
been established. Once credit is established, payment by Buyer is due at the
agreed upon date or within 14 days from the issue date, whichever is greater. If
payment is not received within the specified time, Buyer agrees to pay all
reasonable collection costs, costs of suit and reasonable attorneys’ fees
incurred in enforcing the agreement. If payment is not received within the
specified time, OFM also reserves the right to: 1) cancel existing orders and/or
credit terms; 2) refuse new orders; 3) notify Client of account status if
purchased by Agency or Service; 4) assess interest charges of 5% per month to
the account; and 5) pursue any rights and remedies it may have under applicable
laws.
(d) Credit Card Payments: Buyer authorizes OFM to charge the credit card on file
monthly for advertising insertions and fees associated with advertising and
services provided, including, if necessary, adjustments for any changes. Buyer
agrees that this authorization will remain in effect for all payments associated
with their account. If Buyer wishes to offer an alternate method of payment, 20
days’ advance written notice is required. Buyer also agrees not to dispute any
charges with the credit card company without first making a good faith effort to
remedy any issues directly with OFM.
(e) When any part of an account for advertising becomes delinquent, then the
entire amount owed shall become due and payable and OFM may refuse to publish
further advertising. In this event, the Buyer shall pay for advertising space
actually used or impressions delivered according to the rate earned at the time
of the delinquency.
(f) Notwithstanding to whom bills are rendered, Client, Agency and Service,
jointly and severally, shall remain obligated to pay to OFM the amount of any
bills rendered by OFM within the time specified and until payment in full is
received by OFM. Payment by Client to Agency or to Service, or payment by Agency
to Service, shall not constitute payment to OFM. In the event that ads are
placed by a third party in “care of” an Agency or Client, the Agency and Client
assume full responsibility jointly and severally for all actions of such third
party and for payment of print or online advertising placed by that third party.
(g) Extension of credit to Agencies is based on the Agency’s acceptance of
liability for all advertising placed by them and billed to their account. No
endorsement, statement or disclaimer on any insertion order, check or letter
shall act as an accord or satisfaction, or as a waiver of this condition unless
and until it is accepted by OFM by a separate written agreement signed by a duly
authorized representative of OFM. In the event of nonpayment of any Agency
account, prior to referring said account for third party collections, OFM
reserves the right to contact the Agency’s client(s), as disclosed principal(s),
for payment. If the outstanding balance is still not satisfied, OFM may proceed
with collections against both the Agency and the Clients. No such action on the
part of OFM shall relieve the Agency of liability for the debt.
(h) There will be a $50 charge for any check not honored by the bank. Returned
checks must be replaced with certified/cashier/wire transfer funds within 48
hours of notification. OFM reserves the right to withhold further advertising
pending receipt of replacement funds.
(i) In the event an account is referred to a third party for collection, Buyer
agrees to pay collection and/or attorney fees, as well as court costs incurred
to effect collection.
(j) Payment of account is not dependent upon receipt of tearsheets, either
physical or electronic.
(k) Unless otherwise approved by OFM, incorrect rates on insertion orders that
do not correspond to the rate card will be regarded as clerical errors and the
advertisements will be published and charged at the applicable rates in effect
at time of publication.
(l) Terms, conditions, rates or agreements not set forth herein or in
then-current rate schedules are not binding on OFM. Sales representatives and
account executives are not authorized to modify these terms and conditions.


 2. TERMINATION / CANCELLATION

(a) Buyer may terminate any advertising insertion with 30 days’ advance written
notice at any time prior to its expiration; upon cancellation, the Buyer shall
pay for either: 1) all advertising from the date of the first insertion, to date
of cancellation at the earned rate rather than contracted rate, or 2) the
outstanding balance due for all advertising contracted for, whichever amount is
greater.
(b) Any ads scheduled within the 30-day cancellation period will run as
scheduled and be charged to the Buyer. Early termination calculations will be
determined by and based on the first insertion date following the 30-day
cancellation period.
(c) If a contracted advertisement is canceled for any reason (including delays
in creative preparation or transit) after the established deadline for a
specific issue, OFM, at its discretion, may substitute a previously published ad
and bill the Buyer at the contracted rate. Late cancellations, with or without a
substituted ad, will be billed at the contracted rate to the Buyer.
(d) Changes in advertising cannot be guaranteed unless notice is provided not
less than one week prior to the publication or insertion date.
(e) Multi-insertion orders will be accepted only when in writing. Cancellation
of multi-insertion orders must be confirmed in writing.
(f) OFM does not assume any liability for the return of printing material in
connection with advertising unless a specific written request is received to
hold such material subject to order for a period not exceeding 30 days.
(g) Subject to the “Makegood” provision below, claims for errors must be made
within 30 days following publication date.
(h) Cancellation of online insertion orders prior to completion of the requested
run will not result in prorated refunds.


 3. RATES

Rates are reflected in published rate cards according to ad specifications
ordered.


 4. PLACEMENT/PRODUCTION

(a) Requested placement or positioning of an advertisement in the Publication,
on the Website, or Other Medium cannot be guaranteed without payment of a
position charge (premium placement).
(b) All production costs for anything other than a file meeting OFM’s technical
specifications will be billed at cost to the Buyer.
(c) The Buyer shall pay the cost of composition of advertisements set but not
used.
(d) Charges for changes (but not corrections) from original layout and copy will
be based on current composition rates.
(e) OFM will not be responsible for errors appearing in advertisements which are
placed too late for proofs to be submitted or for errors due to delivery of
printing or insertion materials past published deadlines from the Buyer or from
a third party designated by the Buyer as a source for printing or insertion
material.
(f) OFM shall be under no liability whatsoever by reason of error for which it
may be responsible in any advertisement beyond liability to give the Buyer
credit for as much of the space occupied by the advertisement as is materially
affected by the error; and its obligation to give such credit shall not apply to
more than one incorrect insertion under any agreement or order unless it is
notified of the inaccuracy prior to the deadline for repetition of the
insertion. Credit for errors caused by OFM may be requested in the form of
“makegood” ads. Makegood insertions must appear within 30 days of the error or
the next available issue of publication, unless otherwise agreed upon in
writing.
(g) OFM does not guarantee any given level of circulation or readership for an
advertisement.
(h) The Buyer assumes liability for all content (including text representation
and illustrations) of advertisements published and also assumes responsibility
for any claims arising therefrom made against OFM, including costs associated
with defending against such a claim.
(i) All advertising copy that might be mistaken by a reader as news, feature or
other non-advertising materials must be clearly marked “advertisement” or
“sponsored content”. In the event such a copy is not clearly marked, the
“advertisement” or “sponsored content” notation will be added by OFM. Political
candidate advertisements must reflect the identity of the paying sponsor.
(j) Absent the specific written commitment by OFM, all positions are at the
option of OFM, and no adjustments, reinstatements or refunds be made because of
the position and/or section in which an advertisement has been published.
Misclassification of classified ads is not permitted.


 5. EFFECT OF BREACH

(a) OFM reserves the right to cancel an advertising agreement upon default by
Buyer in the payment of bills or other material breach of the terms hereof at
any time upon prior written notice. Upon such cancellation, all charges for ads
printed or run online and not paid shall become immediately due and payable. If
OFM cancels by reason of Buyer’s material breach, Buyer’s only liability shall
be to pay for ads completed hereunder prior to cancellation by OFM.
(b) In the event of a material breach by OFM in publishing the Buyer’s
advertising, Buyer reserves the right to cancel the advertising agreement at any
time upon prior written notice.


 6. FAILURE TO PUBLISH

(a) If, due to public emergency or necessity, force majeure events, restrictions
imposed by law, acts of God, labor disputes or for any other cause, including
mechanical or electronic breakdowns, beyond OFM’s control, an omission of any
advertisement contracted to be printed or carried hereunder, OFM may suggest a
substitute date for publishing the omitted ad.
(b) If no such substitute date is acceptable to Buyer, OFM shall allow Buyer a
pro rata reduction in the charges hereunder.


 7. ADVERTISING MATERIAL

(a) All advertising material shall be furnished by Buyer. All expenses connected
with the delivery of advertising material to OFM shall be paid by Buyer. In the
event Buyer pays an OFM designer to create an advertisement according to Buyer’s
directions, the final approved advertisement is considered to be furnished by
the Buyer.
(b) Buyer shall submit advertising material along with written instructions for
its use to OFM as soon as possible to ensure proper publication. Changes to
instructions should be in writing to OFM by letter or FAX prior to changes being
made.
(c) OFM will not be responsible for losses incurred from errors in
advertisements. OFM is responsible only for the cost of space required to
correct an error. It is agreed that no other liability will be acknowledged
between the Client and the publisher by reason of this agreement.
(d) OFM, in its sole discretion and at any time, reserves the right to refuse
any submitted advertisement.
(e) Buyer is responsible for checking the accuracy of the proofs they request.
The Buyer should carefully check the entire ad proof, including areas in which
changes or corrections were not requested.


 8. INDEMNITIES

Buyer agrees to hold and save OFM harmless against all liability resulting from
the publication of advertising material furnished by Buyer.


 9. GENERAL

(a) OFM’s obligations hereunder are subject to applicable federal, state and
local laws and regulations.
(b) OFM shall exercise normal precautions in handling of property and mail, but
assumes no liability for loss or damage to advertising material and other
property furnished by Buyer.
(c) Failure of OFM or Buyer to enforce any of the provisions herein shall not be
construed as a general relinquishment or waiver as to that or any other
provision.
(d) If credit is approved, OFM reserves the right to cancel credit at any time
with or without notice for whatever reason.
(e) Subject to the “Makegood” provision above, any dispute by Buyer with respect
to any publication, advertising material, or services provided by OFM or the
amount charged for same shall be reported to OFM in writing within 30 days from
the date of the invoice relating to same, time being of the essence. Any such
dispute shall not affect Buyer’s obligation to make payment within terms stated
above. Failure to report any dispute within such time shall constitute a waiver
of any claim by applicant with respect to such dispute.
(f) Subject to the “Termination/Cancellation” terms above and upon the
expiration of an annual advertising agreement, Buyer understands that insertions
will continue on a month-to-month basis, and shall be subject to the same terms
and conditions set forth in the original insertion agreement.
(g) The person executing advertising agreements certifies that he/she is
authorized to provide information and to sign the agreements, and that the above
statements are true and that no unfavorable information known to them has been
omitted.
(h) The person executing advertising agreements on behalf of applicant
acknowledges that he/she has the authority to do so, and by its execution it has
caused applicant and third parties to be jointly and severally bound by the
terms hereof.
(i) The advertising agreement and these terms and conditions contain the entire
agreement between the parties relating to the subject matter herein contained
and no change in the terms and provisions shall be effective unless made in
writing.
(j) The advertising agreement shall be construed under the laws of the State of
Colorado, without reference to the choice of law therein.



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 * CULTURE
   
   * ART
   * GALLERIES
   * CANNABIS
 * ENTERTAINMENT
   
   * DINING
   * DRAG
   * MUSIC
 * NEWS
   
   * BREAKING
   * HISTORY
 * QUEER VOICES
   
   * LIT
   * LUST
   * THOUGHTS
 * TRENDS
   
   * HEALTH
   * STYLE
 * EVENTS
   
   * Event Calendar
   * Add Event>>
 * MERCH
   
   * OFM Collection
   * Q Publishing House

 * About
 * Advertise
 * Connect
 * DIGITAL EDITION
 * Events
 * Distribution
 * Careers

Facebook
Twitter
Instagram



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