Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.
Display.io is a mobile ad network enabling the purchase and sale of mobile advertisements (collectively, the “Services”). Display.io may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. Display.io also reserves the right to cease offering any of the Services.
Display.io – Display.io and any of its assignees.
Developer / Publisher – An app or mobile web Publisher registered to the Services pursuant to the terms of this Agreement.
Website – Display.io website at http://display.io.
Services – Facilitating End Users to view ads through their mobile devices.
End User – A person or entity that has downloaded an Integrated Application from an application store or used mobile web application.
Application – an application developed by Publisher / Developer.
Integrated Application – an Application in which the Display.io SDK or API is embedded or in which Display.io displays ads.
SDK – a software development kit provided by Display.io to Publisher pursuant to the terms of this Agreement, as may be updated by Display.io from time to time in its sole discretion.
2. Minimum Age
You must be an individual person, at least 18 years old to use the Site and to register for the Services. By using the Services, you represent and warrant that you are at least 18 years old.
3. Use of Site and Service
As a User (a “Registered User”), you agree to the following:
Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Display.io is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.
No False Information
You will not provide inaccurate, misleading or false information to Display.io. If information provided to Display.io subsequently becomes inaccurate, misleading or false, you will promptly notify Display.io of such change.
As a Registered User of the Service, you will create only one unique profile.
Publishers / Developers
If User is a publisher, User shall not authorize or encourage any third party to generate fraudulent impressions and/or fraudulent clicks and/or fraudulent installs, on any advertisement, including but not limited to, through repeated manual clicks, the use of robots or other automated query tools and/or computer generated requests. User agrees to comply with the technical specifications provided by Display.io to enable proper display of the Advertisements in connection with the Services.
4. Proprietary Rights
Ownership of Proprietary Information
You hereby acknowledge and agree that Display.io is the owner of the proprietary information, including, but not limited to its technology and templates (collectively, “Confidential Information”). Display.io owns and hereby retains all proprietary rights in the Services and the Site, including but not limited to, all Confidential Information.
No Use of Confidential Information
You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any confidential Information or other copyrighted material, trademarks, or other proprietary information accessible via the services, without first obtaining the prior written consent of the owner of such proprietary rights.
5. User Information
6. Payment Terms
If User is a publisher, User shall receive a percentage of the Net Revenue of advertisements associated with User’s use of the Services as solely determined by Display.io
Publisher shall bear any and all taxes in connection with any payments made to Publisher pursuant to this Agreement. In the event that pursuant to any law or regulation, tax is required to be withheld at source from any payment made to Publisher, Display.io shall withhold said tax at the rate set forth in the certificate issued by the appropriate taxing authority and provided to Display.io by Publisher, or in the absence of such certificate, at the rate determined by said law or regulation.
Revenue reports are presented in the Publisher’s portal. Based on such report, Display.io shall remit payment to Publisher within thirty (30) days of the end of the applicable calendar month. Payments to User shall be sent by Display.io only if User’s revenue balance is greater than $50USD (Fifty Dollars, US). If User’s earned balance is less than $50USD, no payment shall be sent until the following calendar month.
Payment shall be made via payment options offered in the portal. Display.io reserve the right to update the payment alternatives at any time. Payments will be based on actual performance of non-incentivized ads. Display.io reserves the right to require Publisher to present a valid and eligible live applications which generated reported impressions and complies with Display.io terms.
7. Disclaimer of Warranty
Publisher specifically acknowledges and agrees that Display.io has no control over any content that may be submitted or published by any advertiser, and that publisher is solely responsible (and assumes all liability and risk) for determining the type of content appropriate or acceptable to User.
8. Limitation of Liability
IN NO EVENT WILL DISPLAY.IO BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF DISPLAY.IO KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL DISPLAY.IO AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE NET AMOUNT PAID BY DISPLAY.IO TO USER DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE RELEVANT CLAIM.
User agrees to indemnify, defend and hold harmless Display.io, its officers, members, managers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of or from (a) your use of or inability to use the Site or Services (b) your violation of any terms of this Agreement or your violation of any rights of a third party, or (c) your violation of any applicable laws, rules or regulations.
This Agreement will become effective upon your acceptance of the Agreement by your use of the Site or the Services and will remain in effect in perpetuity unless terminated hereunder. Either you or Display.io may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. Display.io reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. Any fees paid hereunder are non-refundable and non-cancelable. You may terminate your account by following the instructions on the Site, or by sending a notice of cancellation to: email@example.com. Upon termination of the User’s account, User’s right to use the Service will immediately cease and User will remove all Display.io code from User’s Mobile Properties. Following any termination of any Registered User’s use of the Service, Display.io reserves the right to send a notice thereof to other Registered Users which whom you have corresponded. The termination or expiration of this Agreement shall not affect any of the provisions of this Agreement.
Each party agrees that it may be provided by the other party with information that is confidential and proprietary to that other party or a third- party, which (i) is in written, recorded, graphical or other tangible form and marked “Proprietary„, “Confidential„ or with a similar legend denoting the disclosing party’s proprietary interests therein, or (ii) is in oral form and identified by the disclosing party as proprietary or confidential at the time of oral disclosure, with subsequent confirmation in writing within 30 days of such disclosure, or (iii) is of apparent proprietary or confidential nature (“Confidential Information„). Without derogating from the above, Display.io’s rates are considered confidential. Each party may use Confidential Information received from the other party only in connection with and to further the purposes of this Agreement. Confidential Information shall not be publicly or privately presented with information or materials of others at any time. The receiving party undertakes that it shall treat and maintain the Confidential Information as confidential, and hold all such Confidential Information in trust and confidence for the disclosing party, utilizing at least the same degree of care the receiving party uses to protect its own confidential information, but not less than reasonable degree of care. The receiving party shall not disclose any Confidential Information disclosed by the disclosing party to any third party or to officers, directors, employees or contractors of the receiving party, except to officers, directors, employees or contractors who have to be so informed on a “need-to-know„ basis in order to carry out the purpose of this Agreement and, which are bound by confidentiality obligations not less rigorous than those contained herein. Confidential Information shall not include information which the receiving party can show through written evidence: (i) that is or becomes part of the public domain through no act or omission of the receiving party; (ii) that is lawfully received by the receiving party from a third-party without restriction on use or disclosure and without breach of this Agreement or any other agreement without knowledge by the receiving party of any breach of fiduciary duty, or (iii) that the receiving party had in its possession prior to the date of this Agreement; or (iv) that is independently developed by the receiving party without use of, or reference to, the Confidential Information of the disclosing party. Upon termination of this Agreement, or upon written request by Display.io, Publisher must destroy or return to Diaplsy.io any Confidential Information provided by Display.io under this Agreement. This section shall survive termination of this agreement for any reason.
12. Intellectual Property
The SDK is and shall remain the sole property of Display.io and the Publisher acknowledges it has no right to use the SDK or modify it in any way unless explicitly provided otherwise herein. All materials displayed or performed on or accessible through the Website or Services including, but not limited to the Display.io SDK, are protected by copyright. Publisher shall abide by all copyright notices, information, and restrictions contained in any content accessed in connection with the Services. Publisher shall not decompile, disassemble, decrypt, extract or otherwise reverse engineer or attempt to reconstruct or discover any source code of, or any underlying ideas in, the Display.io SDK.
Publisher grants Display.io his approval to use Publisher’s name, Publisher’s Application name, and Publisher’s Application icons, images and videos for use in Display.io marketing and display on Display.io Website.
Except as expressly set forth herein, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property.
13. Further Terms
Publisher must comply with the respective application store: Google Play Business and Program Policies and Google ad policy: https://developer.android.com/distribute/googleplay/policies/ads.html
Display.io may assign this agreement without Publisher’s consent.
All notices to Display.io shall be sent to firstname.lastname@example.org, and all notices to Publisher shall be sent to the email address supplier by Publisher at registration, or to such other address as either party may, from time to time, designate by notice to the other party.
Amendment: Display.io may amend this Agreement at any time. In a case where a change to this agreement is made, Display.io will post a notice on its Website.
This Agreement shall be governed in all respects by the laws of Israel.
This Agreement constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to the subject matter hereof, superseding all prior or contemporaneous proposals, communications and understandings, oral or written. The User must not edit, resize, modify, filter, obscure, hide, make transparent or reorder any advertising (including their associated links) supplied by the Display.io Service.
Last Update April 2016