Or
Date: March 13, 2026
★PLEASE READ BEFORE BOOKING
These Terms contain important provisions that affect your legal rights, including a no-cancellation policy, a mandatory upfront payment requirement, and a limitation on our liability that reflects the obligations of the third-party media owners on whose inventory your campaign runs. Failure to pay in full by the due date results in automatic cancellation of your Order. By submitting an Insertion Order you confirm you have read and accepted these Terms in full.
NO CANCELLATIONS
Once payment is received your booking is locked. No exceptions.
FULL PAYMENT UPFRONT
100% of the Order value is due before your campaign goes live.
VENDOR-DEPENDENT DELIVERY
Your campaign runs on third-party media owner inventory. Our performance obligations mirror theirs.
billboardsamerica.com|support@billboardsamerica.com
1.INTRODUCTION & HOW THESE TERMS WORK
Billboards America, Inc. (“Billboards America”, “we”, “us”, “our”) operates an online marketplace at billboardsamerica.com that allows advertisers to search, compare, and book out-of-home advertising space across the United States.
We do not own any billboards or advertising displays. Every campaign you book through Billboards America runs on inventory owned and operated by independent third-party media owners ("Vendors"). When you place a booking, three separate relationships are created: (1) you contract with Billboards America under these Terms; (2) Billboards America separately contracts with the Vendor to reserve your Display Site; and (3) the Vendor owns and operates the physical asset. Billboards America is not the Vendor, is not responsible for Vendor operations, and cannot control what a Vendor does or fails to do. Our obligations to you are directly tied to, and limited by, what Vendors are contractually required to deliver to us.
ℹWhat this means for you
Because we rely on Vendors to deliver your campaign, our obligations to you are directly tied to what those Vendors are obligated to deliver to us. We pass through all credits, refunds, and remedies we obtain from Vendors, and we will always advocate on your behalf — but we cannot promise more than what the Vendor is contractually required to deliver. This is explained in full throughout these Terms.
These Booking Terms & Conditions ("Terms") govern every Insertion Order you place with us. By submitting an Insertion Order you confirm that you are at least 18 years old, have authority to bind the entity named in the Order, and have read and accepted these Terms in full.
These Terms supplement our Website Terms & Conditions, Privacy Policy, and Cookie Policy. Where there is a conflict, these Terms control in relation to bookings.
2.DEFINITIONS
The following terms have the meanings set out below wherever they appear in these Terms or in any Insertion Order:
Billboards America
Billboards America, Inc., a Delaware corporation operating the marketplace at billboardsamerica.com.
Campaign
The out-of-home advertising campaign described in your Insertion Order, including all booked Display Sites, dates, formats, and creative specifications.
Content
All creative materials you supply for display, including images, copy, video, and any associated files.
Display Site
A specific third-party-owned billboard, digital screen, or other out-of-home advertising structure where your Content is booked to appear.
Insertion Order / Order
A completed booking submission via the Platform specifying your Campaign details, accepted by us in writing (including by email or platform confirmation).
Order Value
The total fees payable under an Insertion Order, inclusive of any applicable taxes, as stated in the Order confirmation.
Platform
The billboardsamerica.com website, including all booking, campaign management, and reporting tools.
Proof of Performance
Documented evidence that your Content was displayed as scheduled, provided in the form made available by the applicable Vendor (which may include screen captures, play logs, or a performance report).
Share of Time / SOT
For digital Display Sites, the percentage of the available display cycle during which your Content is shown.
Programmatic Campaign
A Campaign in which your Content is served to one or more digital Display Sites via an automated, technology-driven buying process — including demand-side platform (DSP) buying, real-time bidding (RTB), or any other auction-based or algorithmic delivery mechanism — rather than through a fixed, site-specific direct booking.
Vendor
The independent third-party media owner that owns or controls the Display Site where your Campaign runs.
Vendor Contract
The separate agreement between Billboards America and the applicable Vendor governing the Display Site booked in your Order.
You / Your
The advertiser, agency, or other entity named in the Insertion Order.
3.THE BOOKING PROCESS
3.1How a Booking is Made
A binding agreement between you and Billboards America is formed when: (a) you submit an Insertion Order via the Platform; (b) we send you a written Order confirmation; and (c) we receive your full payment as required by Section 7. All three steps must be completed for your Campaign to be live.
3.2Agencies and Buying Services
If you are submitting an Order as an advertising agency or media buying service on behalf of a third-party advertiser (your "Client"):
3.3No Verbal Commitments
No representation, promise, or commitment made by any Billboards America employee, contractor, or agent is binding unless it is set out in a written Order confirmation signed or issued by us. These Terms cannot be varied by verbal agreement.
3.4Order Accuracy
You are responsible for ensuring that all details in your Insertion Order — including Display Sites, campaign dates, Content specifications, and targeting parameters — are accurate before submission. We will not be liable for any loss arising from errors in an Order that you submitted.
3.5No Off-Platform Circumvention
By using the Platform, you agree not to contact, solicit, or transact directly with any Vendor identified to you through Billboards America — whether through the Platform, an Insertion Order, a booking confirmation, proof of performance, or any other communication — for the purpose of purchasing or negotiating advertising inventory outside of the Platform, for a period of 24 months following your most recent booking. This restriction does not apply to Vendors with whom you had an independent pre-existing commercial relationship prior to your first use of the Platform (which you must be able to demonstrate in writing if requested). A breach of this clause entitles us to terminate your account immediately and pursue recovery of any fees that would have been payable had the booking been placed through Billboards America.
4.PAYMENT — UPFRONT AND NON-NEGOTIABLE
⚠Full payment is required before your campaign goes live. No exceptions.
We do not offer credit terms, deferred payment, or payment plans on any booking. 100% of the Order Value must be received in cleared funds before we place your booking with the Vendor and before your Campaign can commence. If payment is not received in full by the due date, your Order is automatically cancelled and the Display Site released — no notice required and no liability on our part.
4.1When Payment is Due
Full payment of the Order Value is due at the time of booking — and in any event no later than ten (10) business days before your Campaign start date, whichever is earlier. We will not hold a Display Site, place a Vendor booking, or guarantee availability until cleared funds have been received.
4.2Accepted Payment Methods
We accept payment by credit card (Visa, Mastercard, American Express), ACH bank transfer, and wire transfer. Credit and debit card payments may be subject to a processing surcharge of up to 3%, which will be disclosed at checkout. Wire transfer details are available on request.
4.3Taxes
All fees are stated exclusive of applicable taxes. You are responsible for all federal, state, and local taxes arising from your purchase, including any sales tax, use tax, advertising tax, or equivalent levy imposed by any jurisdiction. Where we are required by law to collect and remit tax, it will be itemised and added to your invoice. We make no representation that advertising purchases through our Platform are exempt from any tax in any jurisdiction. You agree to indemnify and hold us harmless from any tax liability, penalties, or interest assessed by any authority in connection with your purchase where we are not the party legally required to collect such tax.
4.4Non-Payment & Automatic Cancellation
If payment in full is not received by the due date, your Order is automatically cancelled without notice. The Display Site is immediately released and we have no obligation to hold it or reinstate your booking. No partial payment, payment promise, or subsequent payment will reinstate a cancelled Order — a new Order must be submitted and is subject to availability and then-current pricing. We will not be liable for any loss arising from automatic cancellation due to non-payment.
4.5No Set-Off
You may not withhold, reduce, or set off any payment against any claim, dispute, or counterclaim you may have against us or any Vendor. All amounts are payable in full without deduction.
5.CANCELLATIONS & REFUNDS
⚠All bookings are final. There are no cancellations and no refunds.
Once your Order is confirmed and payment received, the booking is locked. The underlying Vendor booking is placed immediately and is itself non-cancellable. We cannot cancel your Order without incurring full liability to the Vendor — and we will not absorb that liability. The only exceptions are the specific credit and refund scenarios set out in Sections 8 and 9 of these Terms.
5.1Why We Cannot Offer Cancellations
When we confirm your Order, we immediately enter into a binding, non-cancellable booking with the Vendor that owns your Display Site. Those Vendor contracts do not allow cancellation without full payment of the booked fees. Because we cannot recover our costs from the Vendor, we cannot refund you.
5.2No Modifications After Payment
Once payment is received, you may not modify your Order — including changes to Display Sites, campaign dates, Content specifications, targeting parameters, or Order Value — without our prior written consent. Any approved modification is subject to Vendor availability and may incur additional fees. We are not obligated to approve any modification request.
5.3Advertiser-Initiated Cancellation Consequences
If you purport to cancel or abandon your booking after payment:
5.4Change of Mind
Change of mind, budget reallocation, changes in your business circumstances, or failure to use your Campaign are not grounds for cancellation or refund.
6.CONTENT & CREATIVE
6.1Delivery Deadlines
You must deliver all Content to us by the following deadlines before your Campaign start date. Missing these deadlines does not entitle you to a refund or campaign extension.
Format
Content Deadline
Static / printed displays
10 business days before Campaign start
Standard digital formats (JPEG, PNG, MP4)
5 business days before Campaign start
Full motion / special digital formats
15 business days before Campaign start
Vendor-printed production (where applicable)
15 business days before Campaign start
We may notify you of a shorter deadline if the Vendor requires it for a specific Display Site. In all cases, the shorter deadline applies.
6.2Technical Specifications
All Content must comply with our Design Guidelines and the applicable Vendor's technical specifications, including size, resolution, file format, and content restrictions. Non-compliant Content may be rejected, which will not entitle you to a refund or campaign delay.
6.3Late Content Delivery
If you fail to deliver compliant Content by the required deadline, the Campaign will commence (or be deemed to have commenced) on the scheduled start date. The full Order Value remains payable. We reserve the right to post default creative, leave the Display Site blank, or work with the Vendor to accommodate late delivery where possible — but we make no guarantee of doing so.
6.4Content Approval & Removal
We and the applicable Vendor each reserve the right to reject or remove any Content that:
Removal of Content under this clause does not entitle you to a refund. You remain liable for the full Order Value.
6.4aRejection Workflow & Resubmission
All Content submitted before the applicable deadline is subject to review and approval by us and the relevant Vendor. If Content is rejected, we will notify you by email within 2 business days of receiving the rejection from the Vendor. You will then have 2 business days to resubmit compliant Content. If compliant Content is not received before the Vendor's final acceptance deadline, your campaign will not run and no refund will be issued — you remain liable for the full Order Value. Resubmission does not extend your campaign start date unless the Vendor expressly agrees in writing.
6.5Your Content Warranties
By submitting Content you warrant that:
You indemnify us and the applicable Vendor against all claims, losses, and costs arising from a breach of these warranties.
7.AVAILABILITY, SUBSTITUTION & VENDOR NON-DELIVERY
ℹImportant: We do not own the inventory
Every Display Site on our Platform is owned and operated by an independent Vendor. Availability is subject to Vendor confirmation at the time of booking. If a Display Site becomes unavailable before or during your Campaign — for any reason, including Vendor actions, regulatory requirements, or circumstances beyond anyone's control — we will act promptly to find a replacement. Our obligations in that situation are set out in this Section.
7.1Subject to Availability
All bookings are subject to Display Site availability at the time we place the Vendor booking. We will confirm availability in your Order confirmation. If a Display Site is not available at the time of booking, we will contact you before processing payment.
7.2Substitution by Vendor
Vendors have contractual rights to substitute Display Sites in certain circumstances, including where a site is lost, damaged, or becomes subject to a regulatory restriction. If a Vendor substitutes your booked Display Site:
7.3Our Substitution Rights
We may also propose an alternative Display Site if your originally booked site becomes unavailable for any reason. Any alternative will be of comparable format and audience value. We will seek your written approval before confirming an alternative, which you agree not to unreasonably withhold.
7.4Vendor Non-Delivery
If a Vendor fails to deliver the agreed display time for your Campaign and the cause is the Vendor's fault (not a force majeure event), we will:
⚠This is your sole remedy for Vendor non-delivery
We cannot pay you more than what we recover from the Vendor. If the Vendor's contract limits our remedy to a site substitution or a pro-rata credit — and that is all we can recover — that is all we can pass through to you. We will never sit on a credit or recovery that belongs to you, but we cannot manufacture compensation the Vendor does not owe us.
7.5Force Majeure & Circumstances Beyond Our Control
Neither we nor the Vendor will be liable for failure to display your Content if that failure results from circumstances beyond reasonable control, including but not limited to: acts of God, extreme weather, fire, flood, earthquake, pandemic, war, terrorism, civil disorder, government or regulatory action, power outages, or internet failures.
In a force majeure event, we will use reasonable efforts to find an alternative Display Site. If no alternative is available, we will issue a pro-rata credit for the days of non-display to the extent we recover the same from the Vendor. This credit is your sole remedy.
7.6Make Goods
Where a Vendor is unable to deliver the contracted Display Site and no approved substitute is accepted, any make good — whether additional display time, a credit, or an alternative placement — is subject entirely to what Billboards America is able to recover from the Vendor under the applicable Vendor booking terms. Make goods are not guaranteed and are not a right under these Terms. Any make good we do recover will be passed through to you in full.
7.7Vandalism & Physical Damage to Static Installations
Neither Billboards America nor any Vendor accepts any liability for damage to, or vandalism of, printed or static advertising materials after installation. If your static advertisement is damaged, defaced, or destroyed after it has been installed, the cost of reprinting and reinstallation is your responsibility. We will assist in coordinating with the Vendor to replace damaged materials promptly, but we cannot guarantee timelines or waive Vendor fees associated with reprinting or reinstallation.
8.DISPLAY PERFORMANCE & PROOF OF PERFORMANCE
8.1Digital Display — Share of Time
For digital Display Sites, your Campaign is booked on a Share of Time (SOT) basis — meaning your Content appears for an agreed percentage of the available display cycle across your campaign period. The SOT is stated in your Insertion Order.
8.2Uptime Standard
Digital Display Sites are expected to deliver your booked SOT for at least 95% of your campaign period. Where a Vendor's contractual uptime commitment to us is lower than 95% for a specific site, we will disclose that to you at the time of booking and the Vendor's standard will apply.
8.3Credits for Underdelivery
If a digital Display Site delivers less than 95% of your booked SOT, or if a static display is not posted within 5 business days of your Campaign start date, we will:
You must notify us of any suspected underdelivery within 5 business days of the relevant display date. Late notification may affect our ability to claim a credit from the Vendor.
8.4Proof of Performance
Basic campaign performance confirmation — confirming that your display ran as scheduled and noting any material deviations — will be provided at no additional charge within 15 business days of Campaign completion, based on the reporting made available by the Vendor.
Enhanced Proof of Performance services — including time-stamped photographic evidence, granular impression-level logs, or independent third-party verification — are separately billable. Pricing is available on request before booking.
8.5No Guarantee of Results
We do not guarantee any specific campaign outcome, including audience reach, impressions, engagement, click-through rates, or return on investment. Traffic counts, demographic data, and audience estimates provided at the time of booking are indicative only and sourced from third parties. Actual results may vary.
8.6Programmatic Campaigns — Additional Terms
⚠Programmatic campaigns carry a fundamentally different risk profile to direct bookings. Please read this section carefully.
Programmatic Campaigns are bought through automated technology systems that allocate inventory in real time across a network of digital Display Sites. Unlike a direct booking — where a specific board is reserved for your exclusive use for a defined period — a Programmatic Campaign purchases audience exposure against targeting parameters. The specific screens, locations, times, and play counts that result are determined algorithmically and cannot be guaranteed in advance. The terms in this Section 8.6 apply to non-guaranteed programmatic campaigns (open exchange and private marketplace). They do not apply to any separately agreed Programmatic Guaranteed product, where specific delivery commitments are set out in the applicable Insertion Order and govern instead.
(a)What is and is not guaranteed
For a Programmatic Campaign, we commit only to spending your budget through the programmatic system against the targeting parameters stated in your Insertion Order. We do not guarantee, and you have no claim arising from:
(b)Spend-based obligation
The Order Value for a Programmatic Campaign represents your budget commitment — the total amount to be spent through the programmatic system on your behalf. Full spend of that budget is our delivery obligation. Budget underspend of more than 10% at the end of your campaign flight, caused by our system or our DSP partner (and not by targeting parameters you set that are too narrow to fully clear the budget), will entitle you to a credit for the unspent amount. Underspend within 10% is within normal programmatic tolerance and is not a breach. Equally, due to the real-time nature of auction bidding and confirmation delays from SSP and exchange partners, your total spend may marginally exceed your committed budget by up to 10% in certain circumstances. You acknowledge this as an inherent characteristic of programmatic buying and agree that overspend within this 10% tolerance is not a basis for dispute or refund.
(c)Dayparting and targeting parameters
Where your Insertion Order specifies dayparting windows, geographic targeting, audience segments, or other programmatic parameters, those parameters are applied as filters to the available inventory pool — they are not guarantees that inventory matching those parameters will be available or sufficient to clear your budget. We will make reasonable efforts to honour stated parameters, but delivery within those parameters depends on real-time inventory availability and auction dynamics outside our control. Overly restrictive targeting parameters may result in budget underspend, for which no refund is due.
(d)Reporting and proof of performance
Post-campaign reporting for Programmatic Campaigns will reflect the data provided by our DSP or technology partner and may include spend, estimated impressions, screen count, and geographic distribution where available. All figures are sourced from the programmatic platform's own reporting and are provided for informational purposes only. Impression figures are estimates based on modelled audience data — they are not verified counts of actual viewers and do not constitute a performance guarantee. We do not independently verify programmatic reporting data and are not liable for discrepancies between reported and actual delivery. Receipt by us of a proof-of-play notification, delivery confirmation, or equivalent signal from the applicable DSP, SSP, or ad exchange constitutes conclusive proof that the relevant ad play was delivered and that the corresponding charge is validly incurred. We have no technical ability to independently verify whether an ad physically displayed on any screen, and you acknowledge that the proof-of-play signal is the authoritative record of delivery for billing purposes.
(e)Cancellation of Programmatic Campaigns
Programmatic Campaigns are non-cancellable once the campaign flight has commenced. Prior to the flight start date, cancellation requests must be made in writing. Where we are able to halt the campaign before any spend is committed to the programmatic exchange, we will refund the unspent budget less any platform fees already incurred. Once spend has been committed to the exchange — which may occur immediately upon campaign activation — no refund is available for committed or spent budget. Where you request a pause or early stop of a live Programmatic Campaign, you acknowledge that ads may already be committed to the exchange for a period of up to 24 hours after the pause or stop instruction is processed. You remain liable for all spend incurred in respect of those committed plays, which will be deducted from your budget or charged to your account upon confirmation of delivery.
(f)Third-party technology and platform risk
Programmatic Campaigns are executed through third-party DSP, SSP, and ad exchange platforms. We are not liable for outages, delivery failures, bid losses, inventory shortfalls, or technical errors attributable to those third-party platforms. Where a third-party platform failure causes material underspend, we will use reasonable efforts to recover unspent budget or negotiate a remedy with the platform, and will pass through any recovery to you. This pass-through is your sole remedy for third-party platform failure.
9.FEES & REFUND SCHEDULE
The table below sets out the only circumstances in which a credit or refund will be issued. In all other circumstances, all fees paid are non-refundable.
Circumstance
Remedy
Conditions
Digital site delivers less than 95% SOT
Pro-rata credit for the underdelivered period, passed through from Vendor
You must notify us within 5 business days of the event. Credit is contingent on our recovery from the Vendor.
Static display not posted within 5 business days of start date
Pro-rata credit for the delayed posting period, passed through from Vendor
You must notify us within 5 business days of the event.
Display Site becomes permanently unavailable and no suitable replacement is found within 10 business days
Pro-rata refund for the remaining undelivered campaign days for the affected site only
Refund limited to the amount we recover from the Vendor for the affected site.
Force majeure event results in non-display
Pro-rata credit for days of verified non-display, passed through from Vendor
Credit is contingent on our recovery from the Vendor. No credit if the Vendor's contract excludes liability for the relevant event.
We reject or remove your Content for reasons that are our fault (not yours)
Pro-rata refund for undelivered display time from rejection date
Applies only where rejection is due to our error, not your Content or a Vendor decision.
Any other circumstance
No refund or credit
All other fees are final and non-refundable.
10.INTELLECTUAL PROPERTY
10.1Licence to Display
You grant us a non-exclusive, worldwide, revocable licence to reproduce, transmit, and display your Content solely for the purpose of delivering your Campaign during the campaign period stated in your Order. This licence ends automatically on the last day of your Campaign.
10.2Ownership
You retain all ownership of your Content. We do not acquire any rights in your Content beyond the display licence in Section 10.1. We will not use your Content for any purpose other than delivering your Campaign without your written consent.
10.3Third-Party Materials
If your Content incorporates any third-party intellectual property (including stock images, music, fonts, or licensed logos), you are responsible for obtaining and maintaining all necessary licences. We are not responsible for any third-party IP claims arising from your Content.
10.4Our Platform
All intellectual property in the Billboards America Platform, including our software, database, search tools, pricing algorithms, and brand assets, is owned by Billboards America, Inc. You may not copy, scrape, reverse-engineer, or use any part of the Platform for any purpose other than booking your own Campaign.
11.OUR LIABILITY
★Read this section carefully — it limits what you can claim from us
Because we act as an intermediary between you and independent Vendors, and because we cannot control Vendor operations, our liability to you is limited as described in this Section. These limitations are a fair reflection of the risk allocation in the three-party relationship and are a condition of the pricing we are able to offer.
11.1 Liability Cap
Our total liability to you for any and all claims arising out of or in connection with an Insertion Order — whether in contract, tort (including negligence), or otherwise — is capped at the Order Value actually paid by you for the specific Campaign to which the claim relates.
11.2 No Consequential Loss
We will not be liable to you for any indirect, special, incidental, punitive, exemplary, or consequential loss or damage of any kind, including loss of revenue, loss of profit, loss of business opportunity, loss of anticipated savings, loss of goodwill, or reputational harm — even if we have been advised of the possibility of such loss.
11.3 Vendor Actions
We are not liable for any loss arising from: a Vendor's failure to display your Content; a Vendor's substitution, modification, or removal of a Display Site; a Vendor's technical failure or outage; or any other act or omission by a Vendor. Our sole obligation in those circumstances is to pursue available remedies from the Vendor and pass them through to you as set out in Sections 7 and 8.
11.4 Data & Audience Estimates
Traffic counts, footfall data, demographic profiles, and audience impression estimates provided on the Platform are sourced from third-party data providers and are indicative only. We make no warranty as to their accuracy. Actual audience delivery may differ materially from estimates, and this does not give rise to any claim against us.
11.5 Platform Availability
We aim to keep the Platform available at all times but do not guarantee uninterrupted access. Planned and unplanned maintenance, hosting outages, and third-party service failures may cause temporary unavailability. We will not be liable for any loss arising from Platform downtime.
11.6 Statutory Rights
Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for fraud, wilful misconduct, or death or personal injury caused by our negligence.
12.INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Billboards America, Inc., its officers, directors, employees, contractors, agents, and the applicable Vendors from and against any and all claims, actions, proceedings, losses, damages, penalties, fines, costs, and expenses (including reasonable attorney fees) arising from or related to:
This indemnification obligation survives termination or expiration of these Terms.
13.TERM, SUSPENSION & TERMINATION
13.1 Account Suspension
We may suspend your access to the Platform immediately and without notice if: (a) any Order is automatically cancelled due to non-payment and you attempt to re-book without completing payment; (b) we reasonably believe you have submitted fraudulent or misleading information; (c) your Content violates these Terms or applicable law; or (d) your use of the Platform poses a risk to us, other users, or any Vendor.
13.2 Account Termination
Either party may terminate your account at any time for any reason on written notice. Termination of your account does not affect any Insertion Order already confirmed and paid — those Orders continue to be governed by these Terms until the end of the relevant Campaign period.
13.3 Effect of Termination
On termination: (a) your right to use the Platform ceases immediately; (b) all outstanding payment obligations become immediately due; (c) we will complete any Campaigns already paid for to the extent practicable; and (d) all provisions of these Terms that by their nature should survive termination will do so, including Sections 5, 10, 11, 12, 15, and 16.
14.PRIVACY & DATA
14.1 Your Data
We collect, use, and store personal data in accordance with our Privacy Policy, available at billboardsamerica.com/privacy. By using the Platform you consent to that processing.
14.2Analytics
We collect and analyse usage data from the Platform, including cookies, log files, and session data, to operate and improve the service. Details are set out in our Cookie Policy.
14.3 Campaign Data & Data Ownership
You retain ownership of all campaign-specific data you provide to us, including your Insertion Orders, Content, and any performance reports we issue to you. We may use anonymised, aggregated data about Campaign performance and Platform usage — combined with data from other customers — for internal analytics, product development, and industry benchmarking. We will not identify you or your Campaign individually in any external publication or data product without your prior written consent. We will not sell your individual campaign data or personal information to third parties. We will retain your campaign data for a period of 3 years following the end of your most recent Campaign, after which it may be deleted or anonymised. You may request a copy of your campaign data at any time by emailing support@billboardsamerica.com.
14.4 Customer Reference
You authorise us to identify you by name and/or logo as a Billboards America customer in our marketing materials. You may opt out at any time by emailing support@billboardsamerica.com.
15.GENERAL
15.1 Entire Agreement
These Terms, together with the applicable Insertion Order and our Website Terms & Conditions, Privacy Policy, and Cookie Policy, constitute the entire agreement between you and us relating to your use of the Platform and the booking of Campaigns. They supersede all prior representations, negotiations, and agreements, whether written or oral. No terms or conditions you submit (including in any purchase order) apply unless we expressly agree to them in writing.
15.2 Amendments
We may update these Terms at any time by posting a revised version on the Platform with a new effective date. Changes apply prospectively to Orders placed after the effective date. If you do not agree to any change, you must stop using the Platform. Continued use of the Platform after the effective date constitutes acceptance.
15.3 No Assignment
You may not assign, transfer, or sublicense any of your rights or obligations under these Terms or any Insertion Order without our prior written consent. We may assign our rights and obligations to any affiliate or successor entity on written notice to you.
15.4 No Waiver
Our failure to enforce any provision of these Terms is not a waiver of our right to enforce it later. Any waiver must be in writing signed by an authorised officer of Billboards America.
15.5 Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.
15.6 Force Majeure
Neither party will be in breach of these Terms for any failure or delay in performance caused by circumstances beyond their reasonable control, including acts of God, pandemic, war, terrorism, government action, labour disputes, or infrastructure failures. The affected party must notify the other promptly and use reasonable efforts to minimise the impact.
15.7 Notices
All legal notices to us must be sent in writing to support@billboardsamerica.com or by certified mail to our registered address. Notices sent by email are deemed received on the next business day after sending. We may send notices to the email address associated with your account.
16.GOVERNING LAW & DISPUTE RESOLUTION
16.1Governing Law
These Terms and all Insertion Orders are governed exclusively by the laws of the State of New York, without regard to its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
16.2 Informal Resolution
Before initiating any formal legal proceedings, you agree to contact us at support@billboardsamerica.com and allow us 30 days to attempt to resolve the dispute informally. This requirement does not prevent either party from seeking urgent injunctive relief.
16.3 Venue
Any dispute not resolved informally will be heard exclusively in the state or federal courts located in New York County, New York. Both parties submit to the personal jurisdiction of those courts and waive any objection to venue.
16.4 Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, BOTH PARTIES WAIVE THEIR RIGHT TO A JURY TRIAL IN ANY ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR ANY INSERTION ORDER.
16.5 Limitation Period for Claims
Any claim or cause of action arising out of or relating to these Terms, any Insertion Order, or your Campaign — whether in contract, tort, or otherwise — must be commenced within one (1) year of the date on which the claimant knew or reasonably should have known of the facts giving rise to the claim, regardless of any longer period permitted by applicable law. Claims not brought within this period are permanently barred. The parties agree this shortened limitation period is reasonable given the nature of OOH advertising campaigns and the need for prompt resolution of any disputes.
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