Please read these terms thoroughly. By using the VideMob website at: www.videmob.com (the “Site”) owned by Cydersoft (R.B) Ltd., you consent to the Terms and Conditions (“Terms”) stated here. If you in any way do not agree to these Terms, please do not use the Site and/ or the service offered by it. By using the Site, you represent and warrant that you are at least 18 years old. If you are not 18 or older, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms. VideMob reserves the right to change or modify the terms and conditions contained in these Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site and Services (as defined below). If you do not agree with any amended terms, you must stop using the Site and Services. If you have any question regarding the use of the Site, please contact us by emailing email@example.com.
VideMob, a product owned by Cydersoft (R.B) Ltd., its subsidiaries and affiliated companies (collectively, “VideMob” or “We”, “Us”, “Our”) owns and operates an independent platform across mobile web-sites and apps and across campaigns running on any advertising network (“Services”) aimed to facilitate the delivery and insertion of advertisements (“Ads”) by Publishers (Publisher is defined as any company or individual who holds a Publisher account with VideMob in order to display ads on their website and/or mobile application(collectively defined as “Publisher”, “Client”, “You” or “Your”) on end-users’ (“End User”) wireless devices, including without limitation through mobile sites, mobile applications and wireless device platforms (“Mobile Properties”). The Services may be comprised of one or more of the following: various web pages available on the Site and certain software, including Our programming code supplied by Us for publishers to insert into Your website/app code in order to request and display ads (“VideMob’s SDK”), that VideMob, in its sole discretion, may make available to You from time to time.
You understand that You are solely responsible for placing VideMob’s SDK on Your Site (defined as website, mobile website, mobile app, where Publisher displays, or intends to display, ads), testing, and ensuring it is working correctly. You agree to only place VideMob’s SDK on Your Site(s) that were disclosed when signing up for Our Publisher account, or for which You have received prior approval from VideMob. VideMob’s SDK shall not be modified without prior written consent from VideMob. You cannot alter, copy, modify, take, sell, reuse, or divulge any VideMob SDK elements, except as is necessary for purposes of requesting and displaying ads and performing Your other obligations hereunder. Any modifications to VideMob’s SDK shall be owned solely by VideMob. Ads must be displayed correctly as served by Us. From time to time You may be required to update VideMob’s SDK. This must be done within 30 days. Failure to do so may result in You not delivering ads and having Your account locked, deactivated, or terminated.
VideMob may provide You with certain analytics reports (“Reports”) which analyze the data collected by Us from End-Users. This data concerns the characteristics and activities of End-Users and facilitates management of End-User data by You.
You acknowledge that VideMob may suspend Your access to the Services (or any part thereof) in its sole discretion. VideMob accepts no liability for any loss or damage You may suffer or incur as a result of the suspension of Your access to the Services (or any part thereof).
The use of Our Services, the VideMob’s SDK and/or other programming code into Your Site/s is solely at Your risk and You agree to take full responsibility for checking any possible or future issues which may be caused by using Our Services. VideMob makes no representation or warranties that VideMob’s SDK and/or code is free from error or defects which may cause Your Site to crash or fail at any time. You take full responsibility for testing and checking at all times.
In order to access certain areas and features of Our Site, as well as our Services, You will need to register for an account. You agree to (a) provide accurate, truthful, current and complete information when creating an account; (b) maintain and promptly update Your account information; (c) maintain the security of Your account by not sharing Your password with others and restricting access to Your account and Your computer; (d) promptly notify VideMob if You discover or otherwise suspect any security breaches related to the Site; and (e) take responsibility for all activities that occur under Your account and accept all risks of unauthorized access.
Subject to the Terms set out herein, VideMob hereby grants You a non-exclusive, non-transferable, non-sublicensable, limited, revocable license, to:
By accessing Our Services, You shall be responsible and liable to VideMob for all accessing of the Services by those on Your behalf, such as Your directors, officers, employees, workers, agents, third party service providers, successors, subcontractors and permitted assignees, who access the Services. Any breach of any provision of these Terms caused by any such persons shall be deemed a material breach of the Terms by You.
You shall not, reverse engineer, decompile, or disassemble any part of our Services, including VideMob’s SDK. Further, except as expressly permitted in these Terms, You shall not (i) copy, modify or adapt our Services; (iii) rent, lease, sublicense, sell, assign, loan or otherwise transfer our Services; (iii) store, transmit, distribute, disseminate, publish or post any material in such a way as to breach any applicable law or regulation or to infringe the rights of, or restrict or inhibit the access to and enjoyment of the Services by, any other person; (iv) deliberately, recklessly, or maliciously introduce any computer viruses, worms, software bombs or similar items on to any VideMob or third party systems. You must comply with all applicable laws, when using our Services, and must not use the Services in a manner that threatens the integrity, performance, or availability of the Services.
If VideMob, in its sole discretion, provides You with fixes, updates and upgrades to Our Services (“Updates”), You shall promptly download and install those Updates without further notice to you, and cease from the use of any prior versions of such Services. You agree to receive such Updates (and permit VideMob to deliver these to you) as part of Your use of the Services.
The license granted in these Terms does not constitute a transfer of ownership or sale of the Services or any other proprietary rights of VideMob, including the intellectual property rights in any of the foregoing. Except for the license granted above, VideMob retains all right, title and interest in and to the Services, including VideMob’s SDK. You agree not to remove, alter or obscure any proprietary notices (including copyright notices) on any portion of the Services.
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, VideMob’s logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of VideMob.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and VideMob as a result of this Terms or the use of the Site.
You shall own all rights, title and interest in and to all of any data belonging to You or to third parties and used by You under license which is stored and/or processed by VideMob as a result of the use of the Services by the Customer (“Data”). You shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of Your Data. VideMob shall have no liability to You in the event that Your Data is lost, corrupted or inaccessible (either temporarily or permanently).
VideMob’s technology and systems are the official counter for determining delivery of impressions, clicks, and revenue earned by Publisher, representing 70% of the net revenue share, received by VideMob in consideration for Publisher display on his website and/or mobile application (collectively defined as “Earnings”). No other measurements or statistics of any kind shall be accepted by VideMob or have any effect under these Terms.
VideMob reserves the right to set and negotiate specific payout rates, terms, deals, relationships, on a Publisher-by-Publisher basis. Publishers can view their Earnings, the amounts due for payment, or payments made, in the VideMob’s Site section to which publisher has password access to when signed up to VideMob to view performance data (“Dashboard”). All payments due and owing to Publisher by VideMob pursuant to these Terms shall be paid within 65 (sixty five) days of the end of each month in which the revenues are collected by VideMob. Publisher understands that VideMob pays Publishers monthly, based on the Publisher Earnings in Our Dashboard. Publisher understands that the figures in the Dashboard are subject to audit and therefore may differ from final amounts payable. Publisher understands that they need to raise an invoice reflecting the amount that is automatically calculated in US Dollars (“USD”) by VideMob’s systems, and displayed for Publisher to view in the VideMob Dashboard ready for invoicing. Furthermore Publisher agrees that they will not raise any invoices against VideMob based on Publisher’s own statistics. All Publisher Earnings are shown in USD and all Publisher payments shall be made in USD. VideMob is an Israeli company. Israeli VAT, if applicable, shall be added to the invoice in accordance with Israeli VAT rules. The invoice needs to show the Publisher’s VAT number. Publisher agrees that VideMob is neither responsible nor liable for any taxes that may be levied upon Publisher in respect or Publisher’s participation in the Services under these Terms and Conditions. If VideMob is required by any applicable law to withhold amounts from payments to Publisher for tax purposes, VideMob shall take appropriate measurements and will inform Publisher of these.
Payments are made after receipt of invoice by either bank transfer or online payment processor. Publisher agrees to pay all payment/transaction charges imposed by banks or online payment processors. The payment of the net revenue share shall not be made until at least 500 USD is payable to Publisher. All unpaid Earnings roll-over to the next pay period payments can only be made when the payment details that the Publisher has provided are correct. Incorrect payment details may result in loss of revenue. In such cases an administration fee will be charged. The fee will be determined by VideMob, and will be based on the work required. The fee must be paid by Publisher before the extra information, statistics, log files, or data is provided. Publisher will not hold VideMob responsible for payments which go missing due to Publisher payment details either not working, being inaccurate, or incorrect. Publisher understands that due to currency exchange rate fluctuations while the funds are in transit in the banking system, it is likely that the amount credited to Publisher accounts in their local currency may not exactly match the amount expected based on the exchange rate when the funds were sent. Publisher acknowledges that VideMob reserves the right to store and access publisher statistics, Earnings, payments due, and payments made, for the legally necessary time period. VideMob reserves the right to only pay a Publisher within 30 (Thirty) days after VideMob itself has been paid by the Advertisers. Regarding, closed or deactivated accounts, Publisher will continue to be paid, in the scheduled payment cycle, all legitimate, non-fraudulently accrued Earnings due up to the time of termination. VideMob reserves the right not to pay Publishers that violate any of the Terms set forth herein. VideMob will be responsible for determining, at their sole discretion, what acts and omissions violate these Terms, and which acts include activity that is deceptive, damaging, or fraudulent in nature.
Publisher may pause/stop using VideMob at any time by simply removing VideMob’s SDK from their Site(s). Publisher can close their account by sending a support email. VideMob reserves the right to review and/or close a Publisher account at any time. VideMob may close Publisher account for a number of reasons including, but not limited to:
Publisher understands that any figures or data which are viewed by Publisher within the VideMob Dashboard or given to Publisher by an VideMob team member, such as CTRs, CPC/CPM rates, Earnings potential, top earning countries, Fill Rates, are to serve only as a guide. VideMob aims to reply to support emails within one business day. However, Publisher understands that VideMob makes no guarantee as to how quickly support emails will be answered. Publisher acknowledges that VideMob may not be able to fill all Ad Requests with paying Ads. Publisher understands and agrees that from time to time the VideMob services may be inaccessible, unavailable, or inoperable for any reason, including, without limitation:
While VideMob makes best efforts to provide the services on a continuous basis, Publisher acknowledges and agrees that VideMob gives no guarantee of the availability of the services on a continuous or uninterrupted basis. Failure to deliver because of technical difficulties does not represent a failure to meet the obligations of these Terms. VideMob makes every effort to keep statistics error free. However, Publisher acknowledges that VideMob does not guarantee the statistics will be error free all of the time. If VideMob discovers a fault then VideMob will provide Publisher with an explanation and an adjustment as the case may be. Publisher understands that VideMob makes no guarantee of Ad Request Response Times (defined as requests to the VideMob system for one or more ads to be displayed to a user. Ad requests may be server to server (from the Publisher’s web server to the VideMob’s system), or client to server). Publisher will not hold VideMob responsible for slow loading website/app pages, or website/app not loading correctly, due to slow or varying response times. Publisher will not hold VideMob responsible for inappropriate ads that appear on their VideMob Categories (defined as unique identifiers used for grouping and filtering ad requests, e.g. in terms of categories, and/or other restrictions). Publisher understands that although VideMob has no intention of allowing inappropriate ads to be served, the matching up of ads to Publisher Categories is done on a best efforts basis. Publisher understands that VideMob is under no obligation to provide any extra information, statistics, log files, or data outside that which is available to all Publishers within the VideMob Dashboard. From time to time VideMob may, at Our sole discretion, provide the requested extra information, statistics, log files, or data. In such cases an administration fee will be charged. The fee will be determined by VideMob, and will be based on the work required. The fee must be paid by Publisher before the extra information, statistics, log files, or data is provided.
Each party agrees that all business, technical and financial information it obtains from the other party is the confidential property of the disclosing party (“Confidential Information”) and shall not be disclosed without the prior written consent, except as expressly allowed herein. Confidential Information does not include information that has become publicly known through no breach by a Party, or has been:
Client covenants, warrants and represents that:
As Our Content Guidelines, VideMob does not allow service to any publisher whose Site contains or promotes anything which is, or can be construed as:
Except as expressly provided to the contrary in a writing by videmob, the videmob sdk, the site and the services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. Videmob makes no other warranty and hereby expressly disclaims all warranties of any kind, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the videmob sdk, the site and the services, including the information, content and materials contained therein. Videmob makes no warranty of any kind that the videmob sdk, the site and the services are accurate, complete, reliable, current or errorfree and that videmob’s sdk and/or the site and/or the services will always be available, accessible, uninterrupted, timely, and secure or operate without error or that any software provided hereunder will operate without error. Any content, including ads, transmitted through the use of the videmob’s sdk and/or the services is done at client’s own discretion and risk and client will be solely responsible therefore. While videmob attempts to make your access and use of the videmob sdk, the site and the services safe, videmob also accepts no liability for any loss or damage you may suffer or incur as a result of the videmob sdk or the site or the services or any part thereof being unavailable at any time. Videmob cannot and does not represent or warrant that the videmob sdk or the site or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download. Further, videmob makes no representations regarding the level of clicks or impressions on any ads that may be delivered through the services. Some countries may prohibit a disclaimer of warranties and you may have other rights that vary from each geographic location.
You agree to indemnify, defend and hold harmless VideMob and its officers, directors, shareholders, employees, accountants, attorneys, agents, affiliates, subsidiaries, group companies, successors and assignees (collectively, “Indemnified Parties”) from and against any and all claims, losses, demands, causes of action and judgments (including attorney’s fees and court costs) arising out of any breach of any representation, warranty or obligation hereunder, or any alleged breach of any representation, warranty or obligation to any other Party and to reimburse the Indemnified Parties on demand for any losses, costs or expenses they incur as a result thereof.
12.1 To the maximum extent permitted by applicable law, in no event will videmob be liable for any indirect, incidental, punitive, special, reliance or consequential damages of any kind or nature whatsoever, however caused, and whether based on breach of contract, tort (including without limitation negligence), or any theory of liability, including, without limitation, lost profits, business interruptions or other economic loss, loss of data, or other such pecuniary loss, arising out of the use or inability to use the videmob’s sdk or the site or the services, even if videmob was advised of the possibility of such loss or damages. Client specifically agrees that videmob is not liable to client, end-user or anyone else for any threatening, defamatory, obscene, or otherwise offensive content that may be transmitted through the services. Client further agrees that videmob will not be liable for any losses arising from interruption, suspension or termination of services, whether intentional or negligent.
12.2 If you are dissatisfied with the services, the content available on or through the services, or with any of the terms of services, your sole and exclusive remedy is to discontinue using the services.
12.3 In no event shall videmob’s liability under or arising out of this agreement exceed the lesser of (a) the total payments made by videmob, or (b) five hundred (500) usd.
12.4 The limitations of liability set forth in this section 12 will survive any termination or expiration of this agreement and will apply even if any limited remedy specified in this agreement is found to have failed of its essential purpose.
12.5 The warranty disclaimer, exclusive remedies, and limitations of liability and damages set forth above are fundamental elements of the basis of the agreement between you and videmob. You acknowledge that videmob would not be able to provide the services on an economically reasonable basis without these limitations.
13.1 VideMob reserves the right, without notice and in its sole discretion, to terminate Your license to The Site and Services, and to block or prevent your future access to, and use of, the Site and Services.
13.2 Either Party may terminate the agreement under these Terms at any time by written notice to the other.
13.3 On termination of the agreement under these Terms for any reason: (a) all licences granted by VideMob under these Terms shall immediately terminate; and (b) the Client shall uninstall or otherwise remove any means of access to VideMob’s Services.
13.4 The termination of the Contract shall be without prejudice to any accrued rights and obligations of the Parties arising under the Contract prior to such termination.
13.5 The following Conditions shall survive the expiry or termination of the agreement under these Terms for any reason:
These Terms shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
No rights or obligations under these Terms may be assigned by either party without the prior written consent of the other party except for an assignment to any group company or subsidiary or in the case of a merger or acquisition where the assignee has agreed in writing to be bound by these Terms.
The failure of either party to enforce its rights, whether by conduct or otherwise, under these Terms at any time for any period shall not be construed as a waiver of such rights, term, provision or condition hereof. No waiver shall be binding unless executed in writing by both parties.
If any provision of these Terms is held to be ineffective, unenforceable, void or illegal under the laws of any jurisdiction, for any reason, such decision shall not affect the legality, validity and enforceability of any or all of the remaining portions herein.
Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or have defaulted under or breached these Terms for delay or failure in fulfilling or performing any part herein when such failure or delay is caused by or results from causes beyond the reasonable control of the affected party. VideMob shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond VideMob’s reasonable control.
Except as expressly set forth herein, any notices to be given by You pursuant to these Terms shall be in writing and sent by email. The receipt of such notice shall constitute the giving of notice thereof. Any notice to be given to You pursuant to these Terms may be sent by Us via a support ticket, email to Your email address as identified in Your account information. The sending of such notice shall constitute the giving of notice thereof.
The Terms constitute the entire agreement between the parties and supersedes all prior agreements and arrangements (if any) whether written, oral or implied between the parties relating to the subject matter of these Terms.
15.1 This Agreement and any dispute or claim arising in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with the laws of the State of Israel (without reference to its conflict of laws principles).
15.2 The parties irrevocably agree that the courts of Tel Aviv shall have exclusive jurisdiction over any dispute or claim hereunder (including non-contractual disputes or claims).