Advertising terms

These terms apply to every booking on bookyourmedia.com and are part of your advertising agreement.

Contracting party

Who you contract with depends on the payment method you choose at checkout. If you pay by bank in XCG via Sentoo, your agreement and invoice are with ND Pictures CUR B.V., Bottelier 250-20, Willemstad, Curaçao. For every other payment method (card, ACH, wallets, iDEAL and other European methods) your agreement and invoice are with OSM Enterprises LLC, 7901 4th St N. Ste 300, St. Petersburg, FL 33702, United States. Both entities trade as bookyourmedia.com, apply these same terms and are bound by the same obligations towards you; the invoice you receive states which entity you are dealing with. Media owners, printers and other suppliers always contract with OSM Enterprises LLC, 7901 4th St N. Ste 300, St. Petersburg, FL 33702, United States only.

1. Scope of services

bookyourmedia.com operates as an online booking platform and commercial intermediary for advertising inventory offered by independent media owners.

The Platform is responsible for

•Marketing and offering advertising inventory.

•Processing bookings.

•Processing customer payments.

•Coordinating artwork with media partners.

•Customer communication and support.

•Managing campaign administration.

Unless expressly stated otherwise, bookyourmedia.com does not own, lease or operate the advertising inventory offered through the Platform.

Campaign locations, campaign dates, specifications and pricing are those stated in the booking confirmation and corresponding invoice.

2. Booking confirmation

A booking becomes legally binding once the Advertiser

•Places an order through the Platform.

•Accepts a quotation.

•Electronically signs an agreement.

•Otherwise confirms the booking electronically or in writing.

Upon confirmation, the requested advertising inventory is reserved exclusively for the Advertiser and is removed from public availability.

Where advance payment applies, campaign execution remains subject to receipt of payment.

3. Advertising content

The Advertiser warrants that all supplied artwork, logos, trademarks, images, videos and text:

•Comply with all applicable laws.

•Do not infringe any intellectual property rights.

•Are accurate and not misleading.

•Meet all supplied technical specifications.

The following content may be refused

•Illegal products or services.

•Fraudulent or misleading advertising.

•Hate speech.

•Discriminatory or defamatory material.

•Sexually explicit content.

•Malware or phishing.

•Political or religious advertising without prior written approval.

•Tobacco, alcohol or gambling advertising where prohibited by law.

bookyourmedia.com may reject, suspend or remove advertising where publication may expose the Platform or its media partners to legal, commercial or reputational risks.

Rejection of advertising content does not automatically entitle the Advertiser to a refund.

4. Artwork and production

Unless otherwise agreed

•Print artwork must be supplied at least seven (7) working days before campaign commencement.

•Digital artwork must be supplied at least two (2) working days before campaign commencement.

Artwork must comply with all supplied technical specifications.

Late or incorrect artwork shall not postpone the booked campaign period nor reduce the agreed campaign fee.

Additional design work, artwork revisions or production work may be invoiced separately.

5. Campaign changes

Requests to modify campaign dates, locations or artwork after confirmation remain subject to availability.

Additional work including

•Artwork revisions.

•Design services.

•Campaign extensions.

•Replacement creatives.

•Production adjustments.

•Emergency updates.

may be charged separately.

6. Payment

Unless otherwise agreed, invoices are payable before campaign commencement.

bookyourmedia.com shall have no obligation to commence production, printing or campaign delivery before payment has been received.

Invoices not paid by their due date may result in suspension of the campaign.

Where a campaign has been approved on a monthly or installment payment plan:

•Each installment shall be paid on or before its due date.

•Failure to pay constitutes a material breach of this Agreement.

•bookyourmedia.com may immediately suspend the campaign without prior notice.

•bookyourmedia.com may instruct the relevant media owner to remove the advertisement.

•bookyourmedia.com may immediately make the reserved advertising inventory available to another customer.

Removal or resale of the advertising inventory shall not release the Advertiser from its contractual obligations.

The Advertiser remains liable for the full contract value, and all outstanding amounts shall immediately become due and payable.

Late payments may accrue statutory interest and reasonable collection costs to the maximum extent permitted by applicable law.

7. Cancellation

Advertising inventory is reserved immediately after confirmation and is therefore generally non-cancellable and non-refundable.

Exceptions shall be entirely at the discretion of bookyourmedia.com and must be confirmed in writing.

Where individual media owners maintain separate cancellation policies, those policies shall prevail for the relevant booking.

Requests to reschedule campaigns will be considered on a best-efforts basis.

8. Force majeure

bookyourmedia.com shall not be liable for delays or failure to perform caused by circumstances beyond its reasonable control, including:

•Hurricanes.

•Tropical storms.

•Floods.

•Fire.

•Government restrictions.

•Power failures.

•Internet outages.

•Technical failures.

•Pandemics.

•Civil unrest.

•Actions or omissions of independent media owners.

Where reasonably possible, the Platform may postpone, relocate or replace the affected campaign.

9. Intellectual property

All intellectual property rights relating to the advertising materials remain with the Advertiser or its licensors.

The Advertiser grants bookyourmedia.com and the relevant media partners a non-exclusive worldwide licence to reproduce, publish and display the supplied materials solely for the execution of the booked campaign.

Unless otherwise agreed, bookyourmedia.com may use photographs or recordings of completed campaigns for promotional purposes.

10. Liability

bookyourmedia.com acts solely as a commercial intermediary between Advertisers and independent media owners.

The Platform shall not be liable for interruptions resulting from weather, technical failures, governmental action, vandalism or other circumstances beyond its reasonable control.

Where a campaign cannot reasonably be delivered due to circumstances attributable to a media owner, bookyourmedia.com shall use commercially reasonable efforts to arrange an equivalent replacement placement or provide a proportionate credit.

Under no circumstances shall bookyourmedia.com be liable for indirect, consequential, incidental or lost-profit damages.

The total liability of OSM Enterprises LLC arising from any Agreement shall never exceed the amount actually paid by the Advertiser for the affected campaign.

11. Indemnification

The Advertiser shall indemnify and hold harmless OSM Enterprises LLC, its directors, employees, contractors and media partners against all claims arising from:

•Supplied advertising content.

•Infringement of intellectual property rights.

•Violation of applicable laws.

•Misleading advertising.

•Negligence or unlawful acts of the Advertiser.

12. Privacy

Personal data shall be processed in accordance with the Privacy Policy of bookyourmedia.com, published at bookyourmedia.com/privacy, and applicable data protection legislation.

13. Governing law

The governing law follows the entity you contract with, which depends on the payment method you choose at checkout.

•Paid by bank in XCG via Sentoo (ND Pictures CUR B.V.): this Agreement shall be governed exclusively by the laws of Curacao. Any dispute arising out of or relating to this Agreement shall be submitted exclusively to the competent court of Curacao, sitting in Willemstad, Curacao.

•Any other payment method (OSM Enterprises LLC): this Agreement shall be governed exclusively by the laws of the State of Florida, United States. Any dispute arising out of or relating to this Agreement shall be submitted exclusively to the state or federal courts located in Pinellas County, Florida, United States.

14. Entire agreement

This Agreement, together with the booking confirmation, quotation, invoice and any documents expressly incorporated by reference, constitutes the entire agreement between the parties.

If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Electronic signatures and online acceptance shall have the same legal effect as handwritten signatures.

← Back to bookyourmedia.com