This site or application is owned or managed by Brands Management International, LLC (“BM Outdoor Media”) and is part of the BM Outdoor Media family of companies (each a “BM Outdoor Media Site,” and collectively the “BM Outdoor Media Sites”).
By using this BM Outdoor Media Site, you are representing and warranting that: (a) you are a legal resident of the United States; (b) you are at or above the legal age of majority in your jurisdiction of residence; (c) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access this BM Outdoor Media Site (collectively, “Device”); and (d) you will access and use this BM Outdoor Media Site in accordance with this Agreement.
Privacy and Protection of Personal Information
BM Outdoor Media has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, disclosure and protection of personal information. You can find the Privacy Statement on BM Outdoor Media’s home page and by using this BM Outdoor Media Site you agree to the terms of the Privacy Statement.
User Code of Conduct
In accessing and using this BM Outdoor Media Site and/or the BM Outdoor Media Internet Services, you agree that you will not:
- Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
- Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this BM Outdoor Media Site, or any postings which advocate illegal activity.
- Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
- Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
- Deliver, or provide links to, any postings containing defamatory, false or libelous material.
- Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
- Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
- Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
- Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
- Use this BM Outdoor Media service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this BM Outdoor Media Site or other users’ Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
- Attempt to gain unauthorized access to this BM Outdoor Media Site, any related website, other accounts, computer system, or networks connected to this BM Outdoor Media Site, through hacking, password mining, or any other means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this BM Outdoor Media Site, including harvesting or otherwise collecting information about others such as email addresses.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS BM OUTDOOR MEDIA SITE AND/OR BM OUTDOOR MEDIA INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS BM OUTDOOR MEDIA SITE OR BM OUTDOOR MEDIA INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. BM OUTDOOR MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS BM OUTDOOR MEDIA SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS BM OUTDOOR MEDIA SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BM OUTDOOR MEDIA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. BM OUTDOOR MEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS BM OUTDOOR MEDIA SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS BM OUTDOOR MEDIA SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. BM OUTDOOR MEDIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS BM OUTDOOR MEDIA SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
BM OUTDOOR MEDIA IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR BM OUTDOOR MEDIA INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Exceptions
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, BM OUTDOOR MEDIA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitations on Liability
In no event shall BM Outdoor Media, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this BM Outdoor Media Site and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of this BM Outdoor Media Site; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on this BM Outdoor Media Site or any information, software, products, services, and related graphics obtained through this BM Outdoor Media Site; (vi) any transactions entered into through this BM Outdoor Media Site; (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components, during or on account of access to or use of this BM Outdoor Media Site or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of this BM Outdoor Media Site and BM Outdoor Media Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if BM Outdoor Media has been advised of the possibility of damages.
Indemnification
You agree to indemnify and hold harmless BM Outdoor Media, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this BM Outdoor Media Site and any related BM Outdoor Media Internet Service and/or software. You agree to cooperate fully with BM Outdoor Media in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement.
Modification/Termination by BM Outdoor Media
BM Outdoor Media reserves the right, in its sole discretion, to modify, suspend, or terminate this BM Outdoor Media Site and/or any portion thereof, including any BM Outdoor Media Internet Service, and/or your account, password, or use of any BM Outdoor Media Internet Service, or any portion thereof, at any time for any reason with or without notice to you.
Termination of your account for a BM Outdoor Media Internet Service removes your authorization to use the BM Outdoor Media Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, BM Outdoor Media shall not be liable to you or any third party for any termination of your access to a BM Outdoor Media Internet Service.
Links
This BM Outdoor Media Site may contain links to websites, applications or other services operated by third parties (the “Linked Sites”). BM Outdoor Media does not monitor or control the Linked Sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at the Linked Sites. If you choose to access any third-party site (including any Linked Site), you do so at your own risk, and your use of that site is subject to its own terms of use and privacy policy, which you should review. The presence of a link to a third-party site does not constitute or imply BM Outdoor Media’s endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.
Software and Downloads Available Through This Site
Any software that is made available to access, use, view and/or download in connection with a BM Outdoor Media Site or BM Outdoor Media Internet Service (“Software”), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by BM Outdoor Media and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. BM Outdoor Media accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
International Use/U.S. Export Controls
Accessing materials on this BM Outdoor Media Site by certain persons in certain countries may not be lawful, and BM Outdoor Media makes no representation that materials on this BM Outdoor Media Site are appropriate or available for use in locations outside the United States. If you choose to access this BM Outdoor Media Site from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
The United States controls the export of any software downloadable from this BM Outdoor Media Site. No software or any other materials associated with this BM Outdoor Media Site may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a BM Outdoor Media Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
Third-Party Merchants
This BM Outdoor Media Site may enable you to order and receive products, information and services from businesses that are not owned or operated by BM Outdoor Media. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. BM Outdoor Media does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. BM Outdoor Media will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the BM Outdoor Media Internet Service.
Advertisements, Sponsorships, Co-Promotions and Other Partnerships
BM Outdoor Media may display advertisements for the goods and services of a third party on the BM Outdoor Media Sites, including in connection with co-promotions, sponsorships and other similar partnership arrangements. BM Outdoor Media does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on this BM Outdoor Media Site.
Interactive Services and User Materials
This BM Outdoor Media Site may offer certain BM Outdoor Media Internet Services having interactive components such as bulletin boards, blogs, and forums (collectively, “BM Outdoor Media Interactive Services”). Additional Terms may cover BM Outdoor Media Interactive Services, which appear on the pages where these services are available, in addition to the general terms provided below. The selection of available BM Outdoor Media Interactive Services may change from time to time in BM Outdoor Media’s sole discretion. You may participate in the BM Outdoor Media Interactive Service by completing the registration form where one is provided.
User Materials
BM Outdoor Media does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to BM Outdoor Media by you or other users (collectively, “User Materials”). BM Outdoor Media is not obligated to and does not regularly review, prescreen, monitor, delete, or edit User Materials. However, BM Outdoor Media reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to refuse, delete, move or edit any User Materials, in whole or in part, with or without notice. BM Outdoor Media is not responsible or liable for damages of any kind arising from any User Materials even when BM Outdoor Media is advised of the possibility of such damages, or from BM Outdoor Media’s alteration or deletion of any User Materials.
You are solely responsible and liable for all User Materials delivered to BM Outdoor Media, whether via your account, this BM Outdoor Media Site, email, or any other method. Any violation of these provisions can subject your BM Outdoor Media account to immediate termination and, possibly, further legal action. You represent and warrant that you own or otherwise control any and all rights in and to the User Materials and that public posting and use of the User Materials by BM Outdoor Media will not infringe or violate the rights of any third party in any manner.
By emailing, submitting, transmitting, posting, uploading, modifying or otherwise providing any User Material to BM Outdoor Media, whether solicited or unsolicited, you are granting BM Outdoor Media and its designees a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to reproduce, publish, transmit, perform, display, sublicense, create derivative works from and otherwise use such User Material for any purpose, including, without limitation, advertising and promotional purposes, alone or as a part of other works in any form, media or technology now or hereafter known. No credit, approval or compensation is due to you for any such use of User Materials you may submit. BM Outdoor Media also has the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Materials), city and state in connection with broadcast, print, online or other use or publication of your User Materials. Please note that any User Material you submit is and will be treated as non-confidential and non-proprietary as to you, unless specifically stated otherwise in our Privacy Statement.
The information and opinions expressed in User Materials appearing on this BM Outdoor Media Site are not necessarily those of BM Outdoor Media or its content providers, advertisers, sponsors, affiliated or related entities, and BM Outdoor Media makes no representations or warranties regarding that information or those opinions, and expressly disclaims any responsibility for User Materials. BM Outdoor Media does not represent or guarantee the truthfulness, accuracy, or reliability of any User Materials or determine whether the User Materials violate the rights of others, and BM Outdoor Media has no control over whether such User Materials are of a nature that you or other users might find offensive, distasteful or otherwise unacceptable. You acknowledge that any reliance on any User Materials submitted by other users will be at your own risk, including any reliance on the accuracy, completeness or usefulness of such User Materials. You acknowledge that this BM Outdoor Media Site is “public,” and in addition to the license granted to BM Outdoor Media, other users will have access to your User Materials and might copy, modify or distribute them.
If you are aware of any User Material on this BM Outdoor Media Site which violates these Terms, please contact us at customerservice@bmoutdoor.com. Please provide as much detail as possible, including a copy of the underlying material, the location where BM Outdoor Media may find it, and the reason such User Material should be removed. Please note that filing a complaint will not guarantee its removal, BM Outdoor Media will only remove User Materials if BM Outdoor Media believes the measure is necessary, in our sole discretion. Other than those we specifically request, we do not accept or consider unsolicited creative materials, ideas or suggestions either via this BM Outdoor Media Site, email or other means. This is to avoid any misunderstandings if your ideas are similar to those we have developed or obtained independently. However, if you do still transmit to us, via this BM Outdoor Media Site, email or otherwise, any unsolicited communication or material, you will be deemed to have granted to us the same rights as are set out in this section with respect to User Materials. Without limitation thereof, you agree that BM Outdoor Media, our affiliates and our licensees are free to use any ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products, services and content using such information, without any credit, notice, approval or compensation to you.
General
This Agreement and any Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of Texas, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any and all disputes, claims and causes of action arising out of, or connected with, this Agreement and/or the Additional Terms, or in connection with any matters related to this BM Outdoor Media Site and/or the Privacy Statement, shall be resolved individually, without resort to any form of class action, exclusively in either the state or Federal courts located in Bexar County, Texas. You agree to submit to the personal jurisdiction of the courts of the State of Texas for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon a strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and BM Outdoor Media with respect to the use of this BM Outdoor Media Site and shall not be modified except in writing, signed by an authorized representative of BM Outdoor Media.
If you have any questions concerning this Agreement, you may send them by email to customerservice@bmoutdoor.com. You must send any official correspondence via postal mail to:
- ATTN: BM Outdoor Media Site Terms of Use
- BM Outdoor Media , LLC
- 20880 Stone Oak Pkwy
- San Antonio, TX 78258
Copyright & Trademark Notice
Use of Intellectual Property
The BM Outdoor Media Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, BM Outdoor Media logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by BM Outdoor Media or by other parties that have provided rights thereto to BM Outdoor Media .
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this BM Outdoor Media Site, in whole or in part, without the express written permission of BM Outdoor Media .
Other trademarks, service marks, product names and company names or logos appearing on this BM Outdoor Media Site that are not owned by BM Outdoor Media may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this BM Outdoor Media Site, or frame this BM Outdoor Media Site, or any web page or material herein, nor may any entity include a link to any aspect of this BM Outdoor Media Site in an email for commercial purposes, without the express written permission of BM Outdoor Media . Further, unless otherwise expressly permitted, you agree not to link to BM Outdoor Media ’s Intellectual Property so as to cause you or anyone else to access BM Outdoor Media ’s Intellectual Property other than through this BM Outdoor Media Site.
You may inquire about obtaining permission by writing:
- IP Permission
- BM Outdoor Media , LLC
- 20880 Stone Oak Pkwy
- San Antonio, TX 78258
Copyright Infringement
BM Outdoor Media respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this BM Outdoor Media Site, you are granting permission to have this material posted on this BM Outdoor Media Site, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. BM Outdoor Media reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights BM Outdoor Media may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.
Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
By mail:
- DMCA Designated Agent c/o Legal Department
- BM Outdoor Media , LLC
- 20880 Stone Oak Pkwy
- San Antonio, TX 78258
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BM Outdoor Media to locate the material.
(iv) Information reasonably sufficient to permit BM Outdoor Media to contact the complaining party, such as an address, telephone number, and, if available, an email address.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
This Agreement was last modified on September 29, 2019.
Acceptance. The Participant hereby acknowledges receipt of a copy of the Plan and this Agreement. The Participant has read and understands the terms and conditions thereof, and accepts the Option subject to all of the terms and conditions of the Plan and this Agreement. The Participant acknowledges that BM Outdoor Media will charge 15% of the total advertising spend* If Advertiser decides to follow through with the campaign with BM Outdoor Media.