[Roket Media LTD] Privacy Policy Recently updated: March 2016 This Privacy Policy govern the defined below Publisher’s relationship with Roket Media LTD Ltd. and its current and future parents, subsidiaries and affiliates (collectively, “Roket Media LTD”) and set forth the terms and conditions under which Roket Media LTD makes available its [Roket Media LTD] software solution (the “Platform”) and related services (the “Services”), to Publishers. By using the Services, Publisher hereby agrees to be bound by these terms and the Privacy Policy, each as may be amended from time to time (jointly referred to as the “Terms”). Publisher is asked to read the Terms carefully and visit this page regularly for updates and changes [http://www.roketmedia.com/joinus/privacy-policy/]. If Publisher does not agree to be bound by the Terms, it should not use the Services or immediately cease making any use thereof.  As long as the Publisher does not cease using any of the Services, it shall be conclusively deemed to have accepted these Terms.

  1. Our Services
  • The Platform enables owners or operators (“Publisher(s)“) of digital (including mobile) media inventory (such as Internet websites) (“Inventory“) to market and sell their Inventory and place content (“Ad(s)“), made available through the Platform by third Parties (“Advertiser(s)“) or Roket Media LTD, therein.
  • Roket Media LTD shall render the Services as describe in these Terms and subject to all of the policies and requirement which available at [http://www.roketmedia.com/joinus/privacy-policy/true].\
  1. Payments Publisher (i) shall not receive any payments for Ads displayed on its Inventory unless a separate (written) Insertion Order form (“IO“) has been executed with Roket Media LTD setting out the amount to be due in respects of such advisements; (ii) shall be entitled to receive only payments of amounts specifically specified in its IO (“Publisher’s Consideration“).
    • Payments to Publisher will be derived from and subject to the receipt by Roket Media LTD of all amounts owed to Roket Media LTD in connection with Ads displayed on Publisher’s Inventory using Services and the Platform.
    • Publisher’s Consideration will be paid to Publisher within sixty (60) days of the lapse of each calendar month in which the amounts owed to Roket Media LTD in connection with Ads displayed on Publisher’s Inventory using Services and the Platform have been received by Roket Media LTD.
    • Notwithstanding the above, Roket Media LTD reserves the right to pay Publisher’s Consideration: (a) when the Publisher’s Consideration equals to less than US$50, (b) if Publisher fails to complete any tax or reporting forms reasonably requested by Roket Media LTD or to provide Roket Media LTD with accurate tax information, or (c) where the Publisher Consideration is generated in whole or in part are generated in breach of the Terms.
    • Payments will be calculated solely based on our reports.
    • Publisher will not be entitled to receive or retain, and Roket Media LTD may deduct or withhold, any amounts owed to the Publisher hereunder, that resulted from any of Publisher’s activities which are in breach of these Terms or any other agreement made by and between Roket Media LTD and the Publisher. Furthermore, if an Advertiser whose advertisements are displayed on Publisher’s Inventory defaults (or chargeback) on payment to Roket Media LTD, Roket Media LTD may withhold payment or chargeback Publisher’s account or deduct such amounts from any future Publisher’s Consideration.
    • Without derogating from Roket Media LTD’s right to withhold any amounts in accordance with Section ‎4(c), Publisher is responsible for all taxes (if any) associated with the transactions made hereunder including (i) in connection with the display of Ads Publisher’s Inventory and payments made in connection therewith; and (ii) Publisher’s use of the Services and the Platform.
  2. Licenses
    • Roket Media LTD hereby grants the Publisher during the term of these terms, a limited, non-sublicensable, non-transferable, non-exclusive, fully revocable, license to use the Services for the sole purpose of enabling the Publisher to use and enjoy the benefit of the Services as provided by Roket Media LTD and solely for the purpose specified in Section ‎1 above (the “Purpose”). This license to use the Services is limited to the Publisher’s own personal use. Roket Media LTD may revoke this license at any time. The license shall automatically be terminated in any case the Publisher violates any of the terms hereunder. Roket Media LTD reserves the right to refuse any advertisement, websites, application or other digital properties, and to take down any advertisement within our Services and cease the use of any Ad or Inventory (even if previously approved).
    • Roket Media LTD may include Publisher’s name and Publisher’s brand in its presentations, marketing materials, customer lists and financial reports. The Publisher grants Roket Media LTD permission to implement the Services and, to the extent required, access third-party services utilized by the Publisher or Publisher’s end users in connection with these terms and to collect any information or data in accordance with our Privacy Policy.
  3. Intellectual Property
    • Other than as set out expressly in these Terms, neither party will acquire any right, title or interest in any intellectual property of the other party or to the related parties of such other party.
    • As between the parties Roket Media LTD retains all rights, including any and all intellectual property rights, in the Platform, the Services and any portion thereof. the Publisher shall have no rights with respect to the Services or to Roket Media LTD’s property except the limited license granted herein. If the Publisher modify or create any derivative works of any part of the Services or Roket Media LTD’s property, whether in violation of or in compliance with the terms hereof, the Publisher hereby grants Roket Media LTD all right, title and interest in such modifications or derivative works.
  4.  Suspension and Termination
    • Roket Media LTD may at any time and from time to time, without being obligated to provide prior notice, to modify, suspend, terminate or discontinue, temporarily or permanently, the license given hereunder or any part thereof or Publisher’s account and to modify, suspend or terminate the Services or any part thereof, all at our sole discretion. The Publisher will have no claim, complaint or demand against Roket Media LTD or against any related parties of Roket Media LTD, for applying such changes or for failures incidental to such changes.
    • Publisher may cease the use of the Services by providing First Ofer with 48 hours prior written notice.
    • The following section will survive any termination of these Terms: Section 3, Section 4.3, Section 5, Section 6, Section 7, Section 9, Section 10, Section 11 and Section 12.
  5. Representations and Restricted Uses
    • Publisher represents and warrants that the Platform and the Services (including Roket Media LTD’s Privacy Policy, and the method by which and the technology with which the Ads are made available to it and its end users) have been reviewed by it, and found to be fully compliant with Applicable Law and suitable for the purpose of enabling the Parties operation according to the Terms. “Applicable Law" means applicable directives, laws, regulation and industry standards, including those which apply to the Publisher and Internet users interacting with its Inventory, and the territories of the United States of America and the European Union.
    • Publisher will not and will not allow any third party to
      • Use the Services or the Platform for any use other than the Purpose;
      • Use the Services or the Platform in any way contrary to the Terms or any Applicable Law;
      • Use the Services or the Platform in any way which may infringe upon the rights of any third party;
      • Reproduce, distribute, modify, prepare derivative works of, translate, reverse engineer, disassemble, reverse compile the Platform, the Services or any portion thereof (including any content provided therein);
      • Remove any copyright or other proprietary notices displayed within the Services, save or store any content provided by the Services on the Publisher’s own servers or systems, or the Services or any portion thereof;
      • Use the Services for benchmarking, gathering data on the performance of the Services or the Platform or competitive intelligence;
      • Publish or otherwise disclose information relating to performance or quality of the Services or Platform to any third party;
      • Make any inventory available through the Services if end users of such inventory cannot lawfully be tracked, or have not provided Publisher with sufficient permission or consent to enable the Services to track, using a persistent identifier for purposes of receiving advertising targeted on the basis of such end user’s online behavior;
      • Use the Services in a manner that violates Publisher’s agreements or other parties related to the Publisher with third parties or could reasonably be expected to damage the Services or reflect unfavorably on the reputation of Roket Media LTD or its clients;
      • Share access or passwords to any of our systems with any third party;
      • Export, re-export or transfer any portion of the Services except as permitted by applicable export laws or regulations;
      • Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Services, technology or any software or platform connected thereto;
      • Create a database by systematically downloading and storing all or any content within the Services;
      • Use the Services or the Platform (including by way of placing Ads in Inventory that contains the following) in connection with or provide us with or permit us to collect any of the following information:
        • Material that can reasonably be understood to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity);
        • Material that is racially or ethnically insensitive,
        • Material that is libelous, defamatory, harassing or threatening;
        • Material that infringes the intellectual property rights, moral rights privacy rights or any other rights of any third party;
        • Material that the provision of such Material infringes or violates any applicable laws and regulations or any rights, consents, and permissions.
        • Pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or any material which may be harmful to a minor;
        • Any virus, worm, Trojan horse, or other harmful, malicious or disruptive component;
        • Anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violates any law or regulation or is otherwise inappropriate;
        • Materials that is misleading, libelous, obscene, invasive of others’ privacy, or hateful (racially or otherwise);
        • Any Personally Identifiable Information (as defined below). The term “Personally Identifiable Information” means personally identifiable information, such as name, date of birth, cell phone number, mailing and email address, company name, phone number (including UDID), and IP Address. [Advise]
        • Any Precise Location Data, nor enable Roket Media LTD to collect Precise Location Data from Publisher’s Inventory, without obtaining Consent for such transfer for the purpose of our collection, use, and transfer of such data for the Services.  For the purpose of this paragraph, the terms “Precise Location Data” and “Consent” shall have the meanings given to them in the United States Digital Advertising Alliance Self-Regulatory Principles published at www.aboutads.info (“DAA Self-Regulatory Principles”). [Advise]
  6. Compliance Publisher agrees that that the Inventory, will comply with all applicable laws and regulations, including but not limited to the Children’s Online Privacy Protection Act (“COPPA”).
  • Without limitation of the foregoing Publisher will comply with the applicable DAA Self-Regulatory Principles and, as applicable, with the corresponding DAA-designated self-regulatory frameworks established in other countries and/or regions.
  • Without limiting the foregoing, the Publisher will comply with the enhanced notice obligations applicable to First Parties as defined in the DAA Self-Regulatory Principles by providing a disclosure that explains that data may be collected about visitors’ use of the Publisher’s platform(s) for advertising and other purposes and either (a) individually lists Roket Media LTD as a party that may collect and use data from the Publisher’s digital properties and links to Our privacy policy or (b) links to the DAA AppChoices tool or the DAA webpage at www.aboutads.info/choices as applicable.
  1. Use of Data
    • As between Publisher and Roket Media LTD, Publisher must treat any information about end users and Advertisers interacting with the Platform or the Services, as well as other information generated by the use of the Services, (“Buyers Data”) as Roket Media LTD Confidential Information. Publisher will only permit its employees who are directly involved in using the Services to access such information, will only use this information for the purpose of selling inventory through the Services.
    • Each party may use any data other than the Buyers Data generated by Publisher’s use of the Services as follows. Publisher may use such data for the Purpose, provided that (a) it complies with any applicable privacy policy and (b) it does not disclose data that describes or reflects the performance of the Services (or any other Roket Media LTD services) to third parties except service providers who are under confidentiality restrictions. Roket Media LTD may use such data solely in connection with its provision of the Services and provided that it complies with Firs Offer’s Privacy Policy. Publisher acknowledge that other users of the Services may have access to information related to you (g. Advertisers have access to information about the Inventory they purchase ((including the URL and price paid)) and Publishers have access to information about the Advertisers who purchase their Inventory
  2. Confidentiality
    • Publisher will not provide Roket Media LTD with Confidential Information without our prior written consent. Roket Media LTD may disclose Confidential Information to the Publisher. “Confidential Information" means any information relating to the Services, the Platform or disclosed in the course of or prior to these Terms. Confidential Information shall not include, however, information that the party that receive that information can prove by reasonable written and dated records: (a) is or becomes part of the public domain through no fault of the receiving party; (b) was already in the receiving party’s possession; or (c) was independently developed by the receiving party without violation of this Section. All Roket Media LTD’s technology and documentation relating to the Services or Roket Media LTD systems (such as the Platform) or any information made available by Roket Media LTD that is marked confidential or would normally be considered confidential under the circumstances in which it is presented is Roket Media LTD’s Confidential Information. Publisher will protect and keep all Roket Media LTD’s Confidential Information in strict confidence employing the same degree of care it uses to protect Publisher’s own Confidential Information of similar nature or sensitivity, and in any event not less than reasonable standard of care. Publisher will use Roket Media LTD Confidential Information only for the purpose of using the Services as permitted by these Terms. Publisher will promptly return or destroy the Confidential Information upon request. If the Publisher is required to disclose Confidential Information under judicial or governmental order, the Publisher will promptly notify Roket Media LTD in order to allow Roket Media LTD to seek confidential treatment.
  3. Privacy Policy
    • Each of the parties will have a clearly labeled and easily accessible privacy policy detailing its respective data collection, sharing, and use practices that comply with all applicable laws and regulations.
    • Roket Media LTD’s Privacy Policy (available at [http://www.roketmedia.com/joinus/privacy-policy/]) explains how Roket Media LTD treat the data we collect and protect Publisher’s privacy when the Publisher uses the Services. By using our Services, the Platform or any part thereof, Publisher agrees that Roket Media LTD can use such data in accordance with our Privacy Policy.
  4. Information Collection, Use and Disclosure

    Roketmedia adheres to the privacy guidelines created by the Interactive Advertising Bureau (IAB).
    Roketmedia collects information that you share to Roketmedia yourself, e.g. when you complete Roketmedia Account registration form. This information may include, but is not limited to, your first and last name(s), company name and info (if any), email, address and phone number.
    Roketmedia uses the information that you have shared for providing you Roketmedia services. Roketmedia may also use this information for contacting you for marketing purposes and share it with third parties solely to perform services on behalf of Roketmedia, such as providing support to Roketmedia’s internal operations.
    Roketmedia may disclose any information we have about you (including information collected for your identity verification) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of Roketmedia Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Roketmedia rights or property, or the rights or property of visitors to or users of the Roketmedia Website, including Roketmedia customers. Roketmedia reserves the right at all times to disclose any information that Roketmedia deems necessary to comply with any applicable law, regulation, legal process or governmental request. Roketmedia also may disclose your information when Roketmedia determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
    You acknowledge and agree that Roketmedia may preserve any transmittal or communication by you with Roketmedia through the Roketmedia Website or any service offered on or through the Roketmedia Website, and may also disclose such data if required to do so by law or Roketmedia determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce your Contract with Roketmedia, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Roketmedia, its employees, users of or visitors to the Roketmedia Website, and the public.
    Roketmedia, through IP tracking and the use of cookies and pixel tags, collects anonymous usage statistics. These are industry standard technologies used by many major websites. No personally identifiable information is collected or used in this process. Information that is collected may include: Session data, Geography,       Browser information, IP Address, Operating system type, Content preferences,        Website usage behavior and frequency.

    Roketmedia may share the data which is collected using IP tracking, cookies and pixel tags to our customers only in the form of anonymous statistics so that it contains no personally identifiable information.

  5. Opt-out Cookies
    To avoid storing information in your browser, you can easily deny, or opt out of, cookies either by (a) Manually deleting them (follow the instructions contained in the “Help” section of your browser); (b) Choosing to permanently opt-out from seeing advertisements matching your interests.

    In order to opt-out, you must have cookies enabled. If you use a different computer, change web browsers or delete this cookie, you will need to repeat the process. If you wish to see ads tailored for you, please opt-in again.

    Opting Out on iOS Devices Such as iPhones, iPads or iPods

    If you have an Apple device, you can opt out of mobile interest-based or “cross-app" advertising by updating to iOS 6.0 or higher, and setting Limit Ad Tracking to ‘ON’. You can do this by clicking on Settings -> General -> About -> Advertising and toggling Limit Ad Tracking to ‘ON’. Our systems are designed to respect your choice and not use information to provide interest-based advertising when this setting is ON.

    Opting Out on Android Devices

    If you have an Android device and would like to opt out of mobile interest-based or “cross-app" advertising, you may do this as follows:

    Open the Google Settings app on your device

    Select Ads

    Opt out of interest-based ads

    Our systems are likewise designed to respect these choices transmitted by your Android device.

  6. Non Solicitation
    • Neither the Publisher nor any of the Publisher’s representatives, including without limitation Publisher’s directors, officers, employees, agents and advisors, shall, without the prior written approval of Roket Media LTD, directly or indirectly, solicit, induce or attempt to induce or otherwise counsel, discuss, advise or encourage any employee, Advertiser, agent or representative of Roket Media LTD or any of its affiliates to leave or otherwise terminate such person’s relationship with Roket Media LTD or any of its affiliates, as applicable, for a period of one year following the date the Publisher first use the Services or the Platform.
  7. Limitations of Liability and Warranty Disclaimer
    • PUBLISHER ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, ARE USED ONLY AT ITS OWN RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
    • OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, ROKET MEDIA LTD ROKET MEDIA LTD DOES NOT MAKE ANY PROMISES ABOUT THE SERVICES.  FOR EXAMPLE, ROKET MEDIA LTD DOESN’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR PROFITABILITY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET THE PUBLISHER’S NEEDS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ROKET MEDIA LTD EXCLUDES ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED. ROKET MEDIA LTD EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
    • IN NO EVENT SHALL ROKET MEDIA LTD OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS AND OTHER CUSTOMERS OF THE SERVICES (E.G., ADVERTISERS, PUBLISHERS, AD NETWORKS, AD AGENCIES) (“ROKET MEDIA LTD’S PARTY“) BE LIABLE TO THE PUBLISHER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY INCLUDING, WITHOUT LIMITATION, LOST PROFIT, LOSS OF CONTRACTS, DATA, INFORMATION, GOODWILL, INCOME, ANTICIPATED SAVINGS OR BUSINESS RELATIONSHIPS, DAMAGES ARISING FROM THE PUBLISHER’S USE OF THE SERVICES OR IN CONECTION TO ANY CONTENT WITHIN THE SERVICES, EVEN IF SUCH DAMAGE COULD HAVE BEEN RESONABLY FORESEEN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ROKET MEDIA LTD’S PARTIES TOTAL LIABILITY TO the Publisher FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AN AMOUNT EQUAL TO THE LOWER OF (I) THE AMOUNT PAID, IF ANY, BY the Publisher DIRECTLY TO US DURING THE 30 DAY PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR (II) US$10. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE FOREGOING LIMITATION ON LIABILITY. NO ACTION ARISING HEREUNDER REGARDLESS OF ITS FORM MAY BE BROUGHT BY THE PUBLISHER MORE THAN 45 DAYS AFTER THE CAUSE OF ACTION HAS ACCRUED.
    • The Publisher further assumes full, exclusive and sole responsibility for the use of and reliance on the Services, the Platform and on any responses or information provided there through, and acknowledges that any use of or reliance on the Services, the Platform or such responses or information is made entirely at Publisher’s own risk.
    • Some contents within the Services, the Platform or as part thereof may be provided by third parties (such as the Advertisers) that are not owned or controlled by Roket Media LTD. Roket Media LTD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any of such third parties. In addition, Roket Media LTD will not and cannot censor or edit the content of any third-party site or any content within the Services or the Platform. By using the Services, the Publisher expressly acknowledge and agree that Roket Media LTD or Roket Media LTD’s Parties shall not be responsible for any damages, claims or other liability arising from or related to the Publisher’s use of any third-party content or services.
    • Publisher undertakes to indemnify, defend and hold harmless Roket Media LTD and Roket Media LTD’s Parties against any liability, damage, loss or expense (including reasonable attorneys’ fees and costs) incurred by the Roket Media LTD’s Parties in connection with any third-party claim, suit, action, demand or judgment arising out of or relating to any allegation that would constitute a breach of Sections 1 or 6 of these Terms, Publisher’s use of the Services, including but not limited to allegations that any website, app or other material the Publisher provide (including the websites, apps and other materials of Publisher’s clients) violates any applicable law or infringes any third party right, including but not limited to COPPA and intellectual property rights, or the type or placement of advertisements on any website, app or other material the Publisher provides. The Publisher will provide Roket Media LTD with prompt notice of any claim and at Publisher’s expense, provide information and assistance reasonably necessary to defend such claim. The Publisher will not enter into any settlement or compromise that would result in any liability to any Roket Media LTD’s Party without Roket Media LTD’s prior written consent.
  8. Miscellaneous
    • Beta. The Publisher understands and acknowledges that the Services are currently in their testing stage, and are made available as a “Private Beta” version. This means that we have not yet completed development of Services and that not all features are completely functional or available. [Advise]
    • Waiver; Severability. The failure to require performance of any provision shall not affect Roket Media LTD’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
    • Assignment. Roket Media LTD may assign these Terms at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization.
    • Choice of Law. Unless expressly stated to the contrary elsewhere within the Services of these Terms any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. The Publisher agrees that all such disputes shall be brought exclusively in the appropriate courts of Tel Aviv, Israel.
    • Amendments and Modifications. Roket Media LTD, at any time and from time to time, may modify these Terms or any of its policies. Modifications to these Terms or the said polices will be posted on the Website.
    • Roket Media LTD may provide notices to the Publisher by email to the email address specified by the Publisher (to the extent that Publisher have been requested to submit its email), by posting a message to Publisher’s account interface or by posting a message on our platforms, and is deemed received when sent. Any notices to Roket Media LTD or question regarding these Terms may be sent to: [insert email here].

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