While placement, location and timing are all important, good creative that elevates your brand, connects, and engages with customers can often be the difference maker. Simplicity and functionality are key to creating great outdoor advertising, billboard, and out-of-home (OOH) ad designs.
A billboard's main purpose is functionality. Creating a billboard is mainly about making it read. It is only after legibility has been mastered that creativity can follow.
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In order to best facilitate the creation of your billboard advertisement design, please fill in the following form with as much and as specific of information as possible.
Still need help or designing your own creative? Check out creative inspiration, Fliphound quick tips for out of home (OOH) and billboard design, billboard ad examples by industry, and guidelines and tools. Unless noted, all fields are required.
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I. TERMS OF THIS AGREEMENT
This agreement consists of the terms contained herein, the Terms and Conditions contained on (i) www.Fliphound.com, and its affiliate www.AtomicBillboards.com (“Fliphound”) (however accessed and/or used, whether via personal computers, tablets, mobile devices or otherwise), (ii) other interactive features or protocols that are available through www.Fliphound.com, and www.AtomicBillboards.com or that interact with www. www.Fliphound.com, and www.AtomicBillboards.com (collectively, the "Web Sites"), which are owned or controlled by Fliphound, LLC or its affiliates ("Fliphound" or "we," "our," or "us") and the terms of any related advertising agreement or contract entered into by and between You and Fliphound (together, the “Agreement”).
II. YOUR CONTRIBUTION
You hereby represent and warrant that all materials submitted by You to Fliphound hereunder (“Your Contribution”): (i) are owned or duly licensed by You and do not infringe or misappropriate the rights of any other person or entity; (ii) comply with all applicable federal, state and local laws, rules and regulations and any industry codes by which You may be bound; (iii) are accurate and all claims contained therein have been substantiated; (iv) are cleared for the uses contemplated hereunder, including without limitation, compliance with respect to all licenses and advertising copyrights and payment of all sums which may be owed to any guilds, unions or other third parties having any rights pertaining to Your Contribution. You shall own all statutory and common law rights to Your Contribution but, notwithstanding the foregoing, Fliphound shall be permitted to use the same for purposes of developing and/or displaying the Custom Advertisements (as hereinafter defined).
III. FLIPHOUND CONTENT
In the event that Fliphound provides any content and/or materials to You (the “Fliphound Content”), except for Your Contribution, Fliphound shall own all statutory and common law rights relating to the Fliphound Content and other products and services provided by Fliphound. No Fliphound, products or services developed or acquired by Fliphound may be reproduced, copied or used by You without the prior written consent of Fliphound. Nothing in this Agreement shall be interpreted as restricting Your right to use Your Contribution provided that such use does not incorporate any part of the Fliphound or any derivative work in connection therewith. Fliphound makes no representations and hereby disclaims all warranties, whether express, implied or statutory, concerning the Fliphound Content and the Custom Advertisements (as hereinafter defined), including but not limited to any warranty concerning the accuracy of the Fliphound Content or the Custom Advertisements (as hereinafter defined) and ANY other materials provided pursuant to this Agreement, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty implied by course of dealing or performance.
IV. CUSTOM ADVERTISEMENTS
Your Contribution together with the Fliphound Content (if any) are hereinafter collectively referred to as the “Custom Advertisements”. The Fliphound Content together with all artwork, content, materials, reproductions and derivative works made therefrom, together with all intellectual property rights including patents, copyrights and trademarks arising out of or related to the Fliphound Content and the Custom Advertisements (but excluding Your Contribution) and any work and services rendered under this Agreement are and will continue to be the exclusive property of Fliphound. Fliphound shall have the exclusive rights to copyright, create derivative works from (including, without limitation, the Custom Advertisements), publish and distribute the Fliphound Content and the Custom Advertisements. You hereby assign and agree to assign all rights, title and interests You may have in and to the Custom Advertisements (except for Your Contribution) to Fliphound. You further agree that although this Agreement is sufficient for the purposes stated in the preceding sentence, upon request of Fliphound, You will execute all necessary papers and reasonably cooperate in the fullest degree with Fliphound in securing, maintaining and enforcing any such intellectual property rights which required for the display of the Custom Advertisements and/or which may be required by Fliphound in connection with the work and the services that Fliphound provides to You under this Agreement. It is understood and You hereby agree that the use of the Custom Advertisements in any manner by Fliphound or its assigns shall not result in any claim for compensation by You.
V. LIMITED LICENSE
Fliphound shall grant You a non-exclusive, revocable, limited license to use the Custom Advertisements in connection with Your execution of a Fliphound advertiser agreement or contract with Fliphound or its afilliates for the paid display of such Custom Advertisements in/on media purchased by You from Fliphound. You are solely responsible for: (a) ensuring that the Custom Advertisements are accurate and comply with applicable law; and (b) obtaining that all rights, licenses, royalties, and clearances necessary the use and display of the Custom Advertisements.
During the period that Your Custom Advertisement(s) is/are featured on Fliphound’s advertising media or network, Fliphound may allow You, with our express prior written permission, the exclusive use of the specific Custom Advertisement that You selected only within the general geographic area of Your purchase. For purposes of certainty, even if we grant You the exclusive use of a Custom Advertisement while Your advertising purchase is in effect, we may allow someone in another geographic area to use it. Of course, once the term of Your advertising agreement with us has ended, we can allow others, even in Your geographic area, to use, and request modifications to, the Custom Advertisement. Whether or not You purchase any advertising media from us, You cannot and shall not, without our express prior written consent, use the Custom Advertisement(s) in/on any advertising media not purchased from Fliphound.
Your use of the Custom Advertisements is subject to the following terms and conditions:
a. Fliphound owns the Custom Advertisements and retains all rights in the Custom Advertisements. The license Fliphound grants You to use the Custom Advertisements is limited to the display of such Custom Advertisements in/on media purchased by You from Fliphound, and may be revoked by Fliphound at any time without liability to Fliphound.
b. The license to use the Custom Advertisements is solely for the purpose of allowing You to display Custom Advertisements in/on media purchased by You from Fliphound.
d. You retain whatever prior rights You had in Your Contribution to Custom Advertisements and retain the right to use Your Contribution to Custom Advertisements in works entirely unrelated to the Fliphound Content, the Custom Advertisements and entirely unrelated to derivative works therefrom.
e. You will not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Fliphound Content or the Custom Advertisements (except Your Contributions to the Custom Advertisements), without Fliphound’s express written permission.
You agree to defend, indemnify and hold harmless the Fliphound, its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, network partners, contractors, agents, licensors or other representatives of each of them ("Fliphound Parties") with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with this Agreement, including, without limitation: (a) Your breach of this Agreement and/or any of your representations, warranties herein contained; and (b) Your Contribution. You will cooperate as fully and reasonably as required by Fliphound in the defense of any claim. Notwithstanding the foregoing, Fliphound retains the exclusive right to assume the exclusive defense and control of any matter for which you are required to indemnify us and/or settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Fliphound herein under the terms and provisions of this Section and in no event shall you settle any such claim without Fliphound's prior written approval.
VII. LIMITATION OF LIABILTY
UNDER NO CIRCUMSTANCES SHALL THE FLIPHOUND PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) YOUR CONTRIBUTION TO CUSTOM ADVERTISEMENTS, (2) THE CUSTOM ADVERTISEMENTS; (3) YOUR USE OF OR INABILITY TO USE THE CUSTOM ADVERTISEMENTS; OR (4) ANY ACT, OMISSION, FAILURE TO DISTRIBUTE, MISTAKE AND/OR ERROR IN THE CREATION, DEVELOPMENT AND/OR DISTRIBUTION OF CUSTOM ADVERTISEMENTS. IN NO EVENT WILL THE FLIPHOUND PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE FLIPHOUND PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED AND 00/100 DOLLARS ($100.00).
VIII. GOVERNING LAW, VENUE AND JURISDICTION
THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF KANSAS, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Fliphound Content, Your Contribution, the Custom Advertisements or this Agreement must be in the state or federal courts located in Wichita, Kansas and you hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in Wichita, Kansas for any such legal proceeding.
You represent that you have all requisite power and authority to agree to be bound by this Agreement, and to perform all of the acts and obligations set forth in this Agreement.
We may elect to resolve any controversy or claim arising out of or relating to this Agreement by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Unless we establish a different location, arbitration hearings will be held in Wichita, Kansas. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.
XI. MISCELLANEOUS. Fliphound’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement, including all terms, conditions, and policies that are incorporated into these terms by reference, constitutes the entire Agreement between you and Fliphound and in connection with the subject matter hereof, superseding any prior agreements that you may have with Fliphound. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement shall continue in effect.