Outreach Media Group is a trade name and business activity of Outreach, Inc. Outreach Media Group provides services to its customers (“Advertiser” or “You”) according to the following Terms of Service” (“TOS” or “Agreement”) set forth below. These TOS constitute a legal agreement between the Advertiser and Outreach, Inc., dba Outreach Media Group (“OMG”). Any Agency authorized to act on behalf of an Advertiser(s) hereby agrees as, an on behalf of, Advertiser. By clicking “I’ve read and agree to the terms of service,” You are indicating acceptance electronically to the terms of this Agreement. If You do not agree to this Agreement, then You should not indicate acceptance of the Agreement and should not use the Services. We reserve the right, at any time, to modify, alter or update the terms and conditions of this Agreement without prior notice.
For the purpose of this Agreement, the “Services” will refer to Outreach Media Group’s advertising and messaging strategic consulting services for those businesses seeking to effectively engage church leaders and faith-based consumers. Unless explicitly stated otherwise, any new online features that enhance the current Service shall be subject to the TOS. Advertiser is responsible for contacting Outreach Media Group through the website to obtain access to the Services.
The Services are not intended for children under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICES OR ATTEMPT TO SET UP AN ACCOUNT AT ANY TIME OR IN ANY MANNER. By using the Services, you affirm that you are at least 18 years of age. Outreach Media Group does not seek through the Services to gather personal information from or about children under the age of 13.
First time customer payment is due prior to publication, thereafter, Outreach Media Group will bill Advertiser, unless otherwise provided on the face of the Agreement, at monthly intervals and Advertiser agrees to pay each bill within thirty (30) days after the rendering date of each bill. Outreach Media Group invoices shall be deemed to be correct unless proven otherwise; affidavits of performance are not a condition precedent to payment hereunder. Advertiser and Agency shall be jointly and severally liable for payment hereunder. A monthly finance charge of 1.5% shall be made on any amount which is still outstanding thirty (30) days after it becomes due. Advertiser/Agency accounts that are net 90 days are required to submit payment in advance for future orders. Make all checks payable to Outreach, Inc., 5550 Tech Center Dr., Colorado Springs, CO 80920.
The Agreement may be cancelled either by OMG or Advertiser upon thirty (30) days prior notice. Upon the occurrence of an Event of Default, OMG may terminate the Agreement immediately upon notice to Advertiser. Any of the following events shall constitute an “Event of Default” on the part of the Advertiser: (i) the breach by Advertiser of any of the terms and conditions of this Agreement; (ii) the determination, in the sole discretion of OMG, that the financial integrity of Advertiser is compromised including, without limitation, inappropriate fundraising activities by Advertiser or the improper use or application of funds received by Advertiser; and (iii) the determination, in the sole discretion of OMG, that advertiser has committed an act or is involved in any situation or occurrence tending to bring OMG into public scandal, ridicule or which will reflect unfavorably on the reputation of OMG, its owner, its subsidiaries, affiliates or affiliated entities, including, without limitation, any instance of moral failure of any person or persons associated with the business or ministry of Advertiser.
In conjunction with OMG’s acceptance of any ad, the Advertiser and the Agency authorized to act on behalf of the Advertiser, jointly and severally, agree to indemnify and hold harmless OMG, its officers, agents and employees against expenses (including without limitation, interest, penalties ,court costs, attorney’s fees and expenses) and losses resulting from or arising out of: (i) the content of the advertisement (“Ad Contents”) of Advertiser; (ii) any libel, slander, illegal competition or trade practice, violation of rights of privacy, infringement of copyrights or other rights of third parties; (iii) violations of any federal, state or local law relating to the Ad Contents, including the Communications Act of 1934, if applicable; or (iv) the breach by Advertiser of any of the terms and conditions of the Agreement. The obligations of Advertiser under this Section 6 shall survive the termination of the Agreement.
(a) By signing the Agreement and by delivering Ad Contents to OMG, Advertiser warrants and represents, as of the Agreement date and as of the date of each such delivery, that: (i) Advertiser has the right and power to enter into this Agreement; (ii) this Agreement properly conveys to OMG all rights necessary for OMG to use the Ad Contents as set forth in the Agreement, including all portions thereof; and (iii) Advertiser owns all of the rights it granted to OMG herein, including, without limitation, all rights to the Ad Contents, promotional material, trademarks, trade names, service marks, titles and logos of Advertiser (collectively “Advertising Materials”); (b) Advertiser acknowledges that no inducements, representations or warranties, except as specifically set forth on the Agreement, have been made by OMG to Advertiser and that no representative, agent or employee of OMG is authorized to make any representations or warranties with reference to this Agreement other than as set forth on the face hereof. OMG hereby disclaims all warranties, express, implied or statutory, to the fullest extent permitted by law. OMG shall not be liable for special, indirect, consequential, exemplary or incidental damages arising out of or relating to this agreement or the transactions contemplated hereby, no matter what the cause, claim or theory for such damages might be, even if OMG has been advised of the possibility of such damages.
Each notice, consent, approval or request to be given hereunder, including legal process, shall be given in writing, either by personal delivery, overnight delivery service, U.S. Postal Service, or by facsimile or email with the original sent the same day by certified mail to the parties at the respective addresses set forth on the face hereof, if any, or at such other substitute address which either party may give upon order of Services or otherwise provided for notice. Notice by U.S. Postal Service shall be deemed received on the fifth (5th) business day following mailing thereof with all charges prepaid. Notice by any other means shall be deemed delivered upon its actual receipt.
It is the responsibility of Advertiser to deliver the Ad Contents to OMG sufficiently in advance of the publication time to be properly and timely published. OMG reserves the right to reject any advertisement for any reason, including, but not limited to, refusal of ad space to organizations that OMG determines are in competition with any division, product, or activity of Outreach, Inc. Any ads that attempt to mirror the format of the publication are not permitted. OMG reserves the right to put the word “Advertisement” on any ad which OMG believes resembles editorial matter. The Ad Contents shall meet with all technical, production and content standards of OMG. In the event the Ad Contents are not so delivered, in the sole discretion of OMG, OMG shall have the right to insert a substitute advertisement and Advertiser shall remain liable for the full amount due had OMG published the Ad Content. OMG shall have the right to use the Advertising Materials in connection with any promotional activity of OMG. Advertiser grants all rights required for the publication of the Ad Contents on the dates and times set forth in the Agreement. Ad Content not designed to specifications may be corrected in-house and will incur an $85 per hour charge for revisions (one hour minimum). Ad Content that is resubmitted after initial artwork has been processed will incur an $85 ‘reprocessing fee.’
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