WeWork – Captivate

Local advertising portal enables you to easily customize and schedule ad messages on digital signage displays in WeWork buildings to drive new customers to your business.

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Price
All prices are quoted and charged in USD
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I accept the terms and conditions
Advertising is contracted with Captivate to run on WeWork digital screens. Ads booked will run Monday through Friday from 7am-7pm at 10 times per hour.
Terms of service

IMPORTANT: BY SUBMITTING ADVERTISING TO CAPTIVATE NETWORK (CAPTIVATE), ADVERTISER AGREES TO BE BOUND BY THE COMMERCIAL ADVERTISING CONTRACT AND THE FOLLOWING STANDARD TERMS AND CONDITIONS.
 
1. ENTIRE AGREEMENT; MODIFICATION 
The attached Commercial Advertising Contract and these Standard Terms and Conditions (collectively, this "Contract"), together with Advertiser ’s credit application, if any, represents the entire agreement between Captivate and advertiser ("Advertiser") relating to Advertiser’s advertising and/or sponsorship on the Captivate Network as set forth on the Commercial Advertising Contract and supersedes all prior negotiations, representations or agreements, either written or oral related thereto. No change or modification of this Contract, or waiver of any of its provisions, shall be effective unless made in writing and signed by both parties. Without limiting the foregoing, no Advertiser or Agency (as such term is defined below) insertion order, acceptance, confirmation, or website policy shall modify this Contract or otherwise be binding upon Captivate unless expressly agreed to in writing by Captivate. 

2. SUBMISSION OR DESIGN OF ADS AND EDITORIAL DISCRETION 
• Advertiser must furnish a complete copy of the advertisement to Captivate, in such format as Captivate may reasonably require, or approve the advertisement prepared by Captivate for Advertiser, as the case may be, at least five business days in advance of the first scheduled airing date of the advertisement. All right title and interest in any advertisement(s) created by Captivate for Advertiser (other than any Advertiser marks or logos contained in such advertisement(s)) shall be held solely by Captivate. 
• Captivate has the editorial discretion to reject or cease airing (including "block" in accordance with Section 4 below) any advertisement for any reason and whether or not such advertisement was previously accepted or aired and even during the "flight" or "run" of the advertisement. 

3. PAYMENT 
• Advertiser agrees to pay Captivate, without deduction or set off of any kind, at the time of the ad request submission.  Refunds for creatives that are not approved will be refunded in the form of a check sent via mail. User will be contacted for mailing address by Captivate.  In the event Captivate is unable to display Client’s Messaging, regardless of reason, Captivate is not obligated to reschedule, provide make-good, or otherwise fulfill the Client’s Messaging order, nor is Captivate obligated to remit any full or partial refund or credit owed to the Client. Any make-good on Captivate’s part is a gesture of good faith.  

4. AD-BLOCKING AND OTHER DISPLAY ADJUSTMENTS 
Unless and except as otherwise specifically provided for in the Ad Contract, positioning and scheduling of advertisements is at the sole discretion of Captivate. Notwithstanding, Captivate shall not be deemed to have defaulted or breached this Agreement, nor shall be liable or responsible to Advertiser, for any delay or failure in fulfilling or performing any term of this Agreement, when such failure or delay arises from events beyond its control or from circumstances which impede, interfere with, or prevent its performance or satisfaction of the terms of this Agreement, which shall include, but are not limited to, the following; (i) the owners of the building(s) in which Advertiser ’ s advertisement is to air may have the right to block certain advertisements from airing (even if the advertisement has begun airing) in such building(s); (ii) utility disruptions, technological or other problems, as well as Force Majeure Events (as defined below); or (iii) Captivate is unable to display Advertiser’s advertisements within the building or buildings, including, without limitation, an inability to display because the building(s) is(are) not activated with the Captivate Network. In the event of the foregoing, or if Captivate is unable to display Advertiser ’s advertisement within certain building(s) or otherwise, regardless of reason, Captivate may provide Advertiser with a make good at its sole and absolute discretion, or display ads at such other times and upon such other terms, as determined by Captivate in its sole and absolute discretion, which may include, but are not guaranteed or limited to, either increasing the frequency of the airing of Advertiser ’s advertisement in the remaining buildings to equal the missing number of impressions and/or rescheduling a portion of the advertising flight within the sole discretion of Captivate. As used herein Force Majeure Events shall include, but are not limited to, acts of God or public enemy; flood, fire, earthquake, hurricane and other severe or adverse weather events; war, invasion, hostilities, acts or threat of terror or terrorism; strikes, organized labor activity, labor disputes, labor shortages, labor stoppages or slowdowns, or other industrial, commercial or business disturbances; riots, civil unrest or public disorder or disturbances; disease outbreak, epidemic, pandemic, quarantine restriction or other declaration of public health emergency (including, without limitation, events arising from COVID-19); shortage, stoppage, slowdown or disturbance of transportation, supplies, infrastructure, power or other utilities and facilities; any act of any governmental body or authority; actions, embargoes or blockades; government order or law; emergency, hazards, explosions, concealed or unknown conditions, unavoidable accidents or circumstances; or any other reasons or causes beyond the control of Captivate, whether direct or indirect, at any time and in any form or manner. 

5. ADVERTISER’S REPRESENTATIONS 
• Advertiser represents and warrants that: (i) the person executing this Contract and/or submitting the advertisement on behalf of Advertiser is authorized to bind Advertiser to this Contract, (ii) it has the right to permit Captivate to display on its behalf the entire contents and subject matter contained in the advertisement including, without limitation the names or pictures of any persons, any copyrighted material, trademarks, service marks or logos, and (iii) the use, transmission or display by Captivate of the advertisement on its behalf will not violate any laws or regulations or rights of any third parties. 
• Advertiser agrees to indemnify, defend and hold Captivate harmless from and against any and all liability, loss, damages, claims or causes of action, including reasonable legal fees and expenses, arising out of or related to (i) a claimed or actual breach of this Contract and (ii) any allegation that alleges libel, slander, emotional distress, illegal competition or trade practices, infringement of trademarks, trade names or service marks, violation of rights of privacy or publicity or infringement of copyrights or other proprietary rights or violation of any other laws or regulations related to the advertisement provided by Advertiser or the airing thereof by Captivate. This paragraph 5 shall survive the expiration or earlier termination of this Contract. 

6. INCREASE IN RATES AND CHARGES
Captivate reserves the right to increase its rates and charges applicable to this Contract without notice.

7. LIMITATION OF CAPTIVATE LIABILITY 
CAPTIVATE’S LIABILITY TO ADVERTISER IN REGARDS TO THIS CONTRACT, SHALL IN THE AGGREGATE IN NO EVENT EXCEED THE AMOUNT PAID BY ADVERTISER TO CAPTIVATE UNDER THIS CONTRACT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL CAPTIVATE BE LIABLE UNDER THIS CONTRACT FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST INCOME OR PROFITS, IN ANY WAY ARISING OUT OF OR RELATED TO THIS CONTRACT, EVEN IF CAPTIVATE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. NOR SHALL CAPTIVATE BE LIABLE TO ADVERTISER FOR THE LOSS OF OR DAMAGE TO THE ADVERTISEMENTS OR OTHER MATERIALS, PROGRAMS OR ANNOUNCEMENTS PROVIDED TO CAPTIVATE. 

8. TERMINATION 
In the event either Captivate or Advertiser breaches this Contract, the non-breaching party shall have the right, after providing written notice of the breach and a period of not less than 10 business days to cure to the breaching party, to immediately terminate this Contract. In the absence of the foregoing, Advertiser shall only have the right to terminate this Contract within 30 business days before the contract start date for 100% forgiveness of the contracted amount, or within 15 business days before the contract start date for a 50% forgiveness of the contracted amount. Notwithstanding the foregoing provisions of this Section 8, and any other rights and remedies Captivate may have, in the event of termination for any reason after the contract start date, Advertiser shall pay Captivate for all advertisements aired prior to the effective date of such termination; provided, however, that the rate applicable in such event shall not include any discounts provided to Advertiser, but instead shall be based upon the then full undiscounted rate being charged by Captivate. 

9. NO REPRESENTATIONS OR WARRANTIES 
This Contract is not exclusive as to the business, products or services of Advertiser. Captivate retains the complete and unqualified right to solicit the business of and advertisements from persons and entities that are in competition with the business, products or services of Advertiser. Captivate makes no warranty, express or implied, with respect to any matter, including without limitation advertising and other services, and expressly disclaims the warranties or conditions of non-infringement, merchantability and fitness for any particular purpose. Without limiting the foregoing, Captivate also makes no representations, expressed or implied, with respect to usage statistics for any advertisement. Advertiser acknowledges that delivery statistics provided by Captivate (if any are provided) shall constitute the official, definitive measurements of Captivate ’ s performance. No other measurements or usage statistics (including those of Advertiser or a third party) shall be accepted by Captivate or have bearing on this Contract. 

10. VENUE, CHOICE OF LAW AND JURY WAIVER 
This Contract shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts , including all matters of construction, validity, performance and enforcement. The parties agree that Suffolk County , in the Commonwealth of Massachusetts , shall be the sole forum for any action brought against the other party. The parties waive trial by jury in any action, proceeding or counterclaim brought in respect of any matter whatsoever arising out of or in any way connected with this Contract. 

11. CONFIDENTIALITY AND NO ASSIGNMENT 
Advertiser shall not disclose the economic terms of this Contract other than (i) to those affiliates and third parties that have a need to know, such as Advertiser’ s accountants, lenders and investors, and further provided that each such party agrees to keep such information confidential or (ii) as required by law. Advertiser shall not assign or otherwise transfer, in whole or in part, its rights or obligations under this Contract. 

12. JOINT AND SEVERAL LIABILITY 
Advertiser and Advertiser’s advertising agency ("Agency") acknowledge and assume full responsibility, jointly and severally, for payment of all sums due under this Contract. In the event that advertising is placed by a third party in "care of" an Agency or Advertiser, the Agency and Advertiser assume full responsibility jointly and severally for the actions of such third party and for payment of advertising placed by that third party. If this Agreement is signed by the Agency alone then the Agency shall be deemed to have executed this Agreement both as principal and as authorized agent for Advertiser.