Digital Message Boards

• Ad means any content submitted for display on the digital screens
• Content means any files, images, and advertising copy (i.e. messages) submitted for display
• The City/us/our/we means the Corporation of the City of Niagara Falls
• You/your means the Party requesting the ad, and the Organization they represent

Advertising opportunities on the City of Niagara Falls Millennium Clock Tower, MacBain Community Centre, and the Firemen's Park digital screens are reserved for non-profit organizations located in and serving the community of Niagara Falls, Ontario. 

Ads will be displayed at no charge, at the sole discretion of the City. The City will attempt to provide this opportunity to as many eligible parties as possible and may, in its sole discretion, limit the number of ads displayed by any single party each year/season/month/week/day; and may limit the duration of any ad at its sole discretion. You agree to uphold the terms and conditions set out herein by submitting a request through the City's online form.

• The format and content of your ad must be approved and accepted by the City, which may refuse in its sole discretion to display any ad for any reason including without limitation applicable law
• Notwithstanding approval of any ad, we may refuse to display your ad if we determine, in our sole discretion, that the ad is based on some matter of public controversy or debate
• We may in our sole discretion determine if an ad will be placed. If we inform you that your ad is not approved for any reason, we’ll give you an opportunity to submit a substitute ad.
• All ads must be submitted online via the City’s Online Form
• All ads must be submitted no less than 10 business days before the anticipated start date
• You must have all necessary permits, licenses, consents, waivers and clearances to use the content in your ad

You must not:

• Violate any personal or proprietary right or privilege, including, without limitation, rights relating to privacy, defamation or publicity
• Infringe on any intellectual property rights (copyright, trademark, patent or other literary, dramatic or musical right) of any third party
• Make use of any subliminal technique
• Fail to comply with all applicable laws

• Political or religious promotions or activities
• Alcohol/tobacco/drugs promotions or activities
• Sexual or racial promotions or activities
• Personal birthdays, weddings, anniversaries or any other celebration events (Excluding the Firemen's Park digital sign for activities promoted for the SCVFA Hall)
• For profit promotions or activities
• Private/commercial or retail promotions or activities
• Damaging or negative content

If you request our help in creating an ad, you will need to provide us with one (1) image file (e.g. your logo) and up to two (2) lines of text in accordance with the specifications set out herein and in our online form. You will submit your request via the online form unless otherwise directed by the City. We will place your content into a template and send you a draft to review. We will provide a deadline for approval and one (1) set of revisions. If a deadline is not met, we may refuse to display the ad at our sole discretion and without further notice.

General liability and indemnification

• As an agent of your organization, you represent and warrant that you have the right to enter into this agreement and in entering into the agreement, you are acting as the legally authorized agent of your organization and that you have full right and authority to enter into this agreement on behalf of and bind your organization in respect of all representations, warranties and obligations
• You and your organization are jointly and severally liable for all obligations in the agreement
• You and your organization will indemnify the City and our respective officers, directors and employees against any and all claims, losses, damages, costs (including legal fees) and causes of action arising out of any breach or alleged breach of any provision, representation or warranties of the agreement by you or your organization and the Advertiser property distributed or broadcast in connection with this agreement
• In no event will the City be liable to any other Parties for loss of profits, business or revenue or for any special, exemplary, indirect, incidental, consequential or punitive damages of any kind or nature whatsoever
• The City will not be liable for any damages, losses, costs or expenses suffered by your organization as a result of:
  • Loss of or damage to any materials provided by you in connection with the ad
  • Substitution, interruption, postponement, inability or omission to broadcast any ad due to technical or mechanical difficulties or failure to transmit by a third party or any federal, provincial municipal act, regulation, direction order or requirement
  • Modification of an ad by the City, where the City determines in its sole discretion, such modification is necessary to comply with any law, regulation, code, directive, policy, guideline or best practice and/or standard (technical or otherwise) applicable to a Party or the Campaign
  • Cancellation of an ad by the City where the City, in its sole and absolute discretion, determines that a Party or the ad does not conform with applicable law