Booking Terms & Conditions

These Booking Terms and Conditions (“Booking Terms”) govern your booking of advertising space via Billboards America, Inc. (“Billboards America”, “we”, “us” or “our”) on our website (the “Site”). They supplement and must be read in conjunction with our Website Terms and Conditions, Privacy Policy and Cookie Policy (together, the “Other Terms”). To the extent of any conflict, these Booking Terms control with respect to bookings.

1. Definitions

1.1 Agreement means these Booking Terms together with each Insertion Order and the Other Terms.

1.2 Content means all text, images, video and other materials you submit for display.

1.3 Insertion Order or Order means your booking confirmation submitted via the Site specifying campaign details (locations, dates, budgets, targeting).

1.4 Display Site means any third-party-owned digital or static billboard where your Content may appear.

1.5 Proof-of-Play means documented evidence (images, logs) that your Content ran as scheduled.

1.6 Budget & Targeting Parameters means the spend limits, audience criteria, timing and geographic settings you select in each Order.

1.7 Destination means any external URL, phone number or location to which your Content directs viewers.

2. Eligibility & Registration

2.1 Age and Authority. You must be at least 18 years old and have authority to enter these Terms.

2.2 Account Security. You are responsible for all activity under your account. Do not share or transfer your credentials.

2.3 No Assignment. You may not assign, sublicense or sell your rights or obligations under these Terms without our prior written consent.

3. Platform, Booking, Targets & Budgets

3.1 Platform Description. We provide an automated platform to schedule and display your Content on Display Sites; we do not own the Sites themselves.

3.2 Formation of Agreement. Each Order, once accepted by us, becomes a binding Agreement. Any conflicting terms in your purchase orders are void.

3.3 Targets & Budgets. You define and are solely responsible for the Budget & Targeting Parameters in each Order. We do not guarantee any particular performance, impressions or return on investment based on those settings.

4. Content Delivery, Compliance & Creative Services

4.1 Delivery Deadline. You must deliver all Content at least ten (10) days before campaign start.

4.2 Technical Specifications. Content must meet our specifications and third-party vendor guidelines; non-compliance may incur delays or additional fees.

4.3 Approval & Removal. We may reject or remove any Content that violates laws, our policies or community standards.

4.4 No Credit for Non-Compliance. If you miss deadlines or breach content rules, the campaign proceeds (or is removed) and no refund or credit is issued.

4.5 Photography & Videography Services. All creative services—such as photography, videography or graphic design—must be provided by you or procured through our separate professional services for an additional fee.

5. Availability, Substitution, Alternative Channels & Media-Owner Non-Delivery

5.1 Subject to Availability. Every booking depends on third-party Display Site availability.

5.2 Substitution. If a reserved Site becomes unavailable, we may propose a comparable substitute (including alternative channels such as partner websites or apps) at no extra cost, subject to your approval.

5.3 Alternative Channels. We may, at our discretion, display Content in additional media channels beyond the original Display Site to fulfil your campaign goals.

5.4 Media Owner Non-Delivery. If a Display Site fails to deliver agreed display time or becomes unavailable, we will coordinate with the media owner to procure an acceptable replacement Site of comparable value at no additional cost. We will notify you of any proposed replacement within five (5) business days and implement it upon your written consent (not unreasonably withheld). If no suitable replacement is secured within ten (10) business days, our obligation for that Site is fulfilled and your sole remedy is the replacement itself.

6. Display Commitments, Outages, Partial Failures & Proof-of-Play

6.1 Uptime Target. Digital Content will run at least 92.5 percent of the booked time, accounting for maintenance or emergencies.

6.2 Static Postings. Static copy is posted within five (5) business days of campaign start.

6.3 No Charge for Outages. You will be billed only for actual display time. If a Display Site is unavailable due to platform or third-party outages, we will not charge for that downtime, provided you notify us within five (5) days of the event.

6.4 Partial Display Failures. If hardware or software issues result in partial display failures, upon request we will proportionally adjust fees or issue a credit equal to the lost display time.

6.5 Proof-of-Play Service. Upon request, we provide Proof-of-Play reports (images or logs) as a separately billable service.

7. Fees, Taxes & Payment

7.1 Fees. You pay the fees set in your Order. All fees are final and non-refundable, except as expressly provided in Sections 6.3–6.4.

7.2 Taxes. You are responsible for all applicable taxes on your purchase.

7.3 Pre-Payment Required. All Orders must be paid in full at the time of booking or at least ten (10) days before campaign start, whichever is earlier. We reserve the right to cancel any Order for which payment is not received by that due date.

7.4 No Set-Off. Payments may not be withheld or reduced for any counterclaims or disputes.

8. Cancellations & No Refunds

8.1 Finality. All bookings are final once paid. You may not cancel or modify an Order after payment.

8.2 No Refunds. All fees paid are non-refundable under any circumstances (other than adjustments under Sections 6.3 or 6.4).

9. Intellectual Property

9.1 Licence to Display. You grant us a worldwide, non-exclusive, revocable licence to use, reproduce and display your Content for the campaign.

9.2 Your Warranties. You warrant ownership or control of all rights in your Content and that its use will not infringe third-party rights.

10. Performance & ROI Disclaimer

10.1 No Performance Guarantee. We do not guarantee any specific campaign results, impressions, audience reach or return on investment. All performance data are for informational purposes only.

10.2 Data Accuracy. We are not responsible for the accuracy of any third-party data (traffic counts, audience demographics, weather, etc.); such data should be regarded with a margin of error.

10.3 Dynamic Content Exchange. Any triggered or programmatic content exchanges for dynamic campaigns must be detailed in the Campaign Details section of your Order.

11. External Destinations

11.1 Customer Responsibility. You are solely responsible for all Destinations specified in your Content. By directing viewers to a Destination, you acknowledge that we do not endorse or become affiliated with that Destination.

12. Other Policies & Guidelines

12.1 Supplemental Guidelines. Your use of the Platform and execution of campaigns must comply with our Design Guidelines, Community Standards and any other policies we publish. We reserve the right to augment or modify such policies at any time.

13. Term & Termination

13.1 Termination by Either Party. You or we may suspend or terminate your account or any Order at any time, for any reason or no reason, upon notice.

13.2 Effect of Termination. Upon termination, you must immediately cease use of the Platform. Termination does not entitle you to a refund of any fees paid.

14. Entire Agreement

14.1 Integration. These Booking Terms, together with the Other Terms, constitute the entire agreement between you and us regarding bookings and supersede all prior agreements or understandings, written or oral.

15. Headings

15.1 Interpretation. Section and article headings are for reference only and do not affect the interpretation of these Booking Terms.

16. Publicity

16.1 Customer Reference. You authorize us to identify you by name and/or logo as a customer and to describe your campaigns in our marketing materials. You may opt out by sending written notice to legal@billboardsamerica.com.

17. Customer Data, Analytics & Privacy

17.1 Analytics License. You authorize us to collect and analyze usage data, including cookies, log files and browsing data, in accordance with our Cookie Policy.

17.2 Privacy Compliance. We process any personal data in accordance with our Privacy Policy and applicable law. You agree to provide any necessary consents for us to perform the Agreement.

18. Governing Law & Venue

These Booking Terms are governed by New York law, without regard to conflict-of-law rules. Any disputes will be heard exclusively in the courts of New York County, New York.

19. Contact

For questions, support or complaints: