This Advertising Policy (the “Ad Policy”) of Viber Media S.à r.l. (“Viber”), in addition to Viber’s Terms and Policies, available at http://www.viber.com/ja/terms and those incorporated by reference therein. This Ad Policy describes the types of prohibited and restricted Ad content and creative displayed and made available to you, the advertiser (“You” or “Your”) on the Viber Services.
For the purposes of this Ad Policy: (a) “Ad(s)” shall mean any ads, commercial and/or promotional content, including but not limited to text, rich media, graphics, photos, video and/or audio material or combination thereof displayed on digital media that may appear on the Viber Services; (b) “Viber App” shall mean Viber’s proprietary mobile platform that consists of a VoIP-based system, messaging service groups and other means of interaction which may be installed on a mobile, tablet and desktop device; and (c) “Viber Services” shall mean the Viber App and Viber website, www.viber.com, and any related services and applications provided by Viber from time to time, including without limitation games and advertising services.
You hereby agree and undertake to comply with the terms and conditions of this Ad Policy when using, creating and/or displaying Ads via the Viber Services and all applicable laws, rules, regulations and industry guidelines. If Viber suspects that an Ad is in violation of any of the terms and conditions of this Ad Policy, Viber reserves the right, in its sole and absolute discretion, to: (i) stop the specific Ad from running and being displayed; (ii) block certain creative, landing pages, or content; and/or (iii) disable Your account, and/or the account of the applicable Advertiser, in the event of multiple or severe violations of this Ad Policy.
Viber reserves the right, but is not obliged, to review all Ads and to reject, remove or suppress certain Ads, or request modifications to such Ads, in its sole discretion for any reason. If Viber reasonably determines that the display of any Ad harms the goodwill or reputation of Viber or its end users or promotes indecent, illegal, misleading, defamatory, harmful or offensive activities, Viber may take such actions as it deems necessary to block the Ad and/or the Advertiser from the Viber Services.
In addition to any other representations and warranties in the Viber Terms and Policies, You represent and warrant that: (a) a click on Your Ad will not cause damage to or interfere with an end user’s computer or other device or expropriate any end user system data or information or change an end user’s settings; and (b) Your Ads (including products and services referenced therein), the website(s) to which the ads link, all emails, newsletters, and other items and technology in connection therewith, any tools or code you use or make available (i) do not and will not violate any international or local laws, rules or regulations, (ii) do not and will not infringe any copyright, patent, trademark, trade secret, or other intellectual property or proprietary right of any person or entity, and (iii) are not false, deceptive, misleading, defamatory or libelous.
You shall indemnify, defend and hold harmless Viber, its parents, affiliates and subsidiaries and their respective officers, directors, shareholders, employees, contractors, and agents from and against any and all claims, suits, proceedings, damages, losses, costs and expenses (including reasonable attorney’s fees) arising out of Your breach or alleged breach of any of Your obligations hereunder.
Viber reserves the right to modify, amend and update this Ad Policy or any part thereof at any time without notice, in its sole discretion.
You hereby agree and undertake to not knowingly use the Viber Service to target or re-target end users under the age of thirteen (13) or the applicable age in any relevant jurisdiction, nor to websites or apps directed to end users under the age of thirteen (13) or the applicable age in any relevant jurisdiction.
If You are managing Ads on behalf of another individual or entity (“Advertiser(s)”), each Advertiser must be managed through separate accounts and You are responsible for ensuring each Advertiser complies with the terms of this Ad Policy.
PROHIBITED CONTENT AND PROHIBITED PRACTICES
You and your Advertisers must not serve Ads which contain or promote the following content:
- ILLEGAL PRODUCTS, SERVICES OR ACTIVITIES. Content that is illegal by any applicable international or local laws, rules or regulations.
- ADULT CONTENT. Pornography or any type of adult sexual content, including sexually suggestive content, sexually provocative content or content with underage or non-consensual sexual premise; content promoting sexual services or products, including but not limited to prostitution, sex toys, adult magazines, escort services, or other services where sexual acts are provided in exchange for compensation.
- INFRINGING MATERIALS. Any content that infringes upon, or misappropriates, the rights of any third party, including privacy rights, copyrights, trademark, patent or other intellectual property or proprietary rights.
- COUNTERFEIT GOODS. Replicas, fake goods, products or components thereof using a trademark, logo or brand in such a manner that is the same as or substantially identical to those of another company, with the intention of passing off as that company as the owner and source of such trademark, logo or brand.
- TOBACCO AND TOBACCO ACCESSORIES: Ads or content that promote tobacco or tobacco-related products and accessories, including cigars, cigarettes, clove cigarettes, hookahs, pipes or tobacco rolls.
- DRUGS AND DRUG PARAPHERNALIA. Chemical or herbal illegal, recreational or prescription drugs, or other harmful substances; any equipment or apparatus used to create or facilitate use of any of the above.
- DANGEROUS PRODUCTS OR SERVICES. Weapons, weapon accessories, ammunition, explosive materials, fireworks, or other dangerous products or services that cause damage or harm and instructions or manuals for manufacturing or operating any of the above.
- DISHONEST, DECEPTIVE OR MISLEADING CONTENT. Any content that is false or misleading; content which includes deceptive or false statements, claims, or offers; or content which promotes dishonest or unfair behavior or practices.
- HATE CONTENT, SENSITIVE TOPICS AND VIOLENCE. Shocking, disgusting, disrespectful or abusive content, extremely graphic or explicit violent content; content including profane or improper language; content on hatred, bullying, harassing or intimidation; discriminating statements (whether direct or indirect) on the basis of race, religious creed, color, national or ethnic origin, beliefs, age, marital status, sex, sexual orientation or practices, veteran status, physical or mental disability, medical condition (including physical or mental health), financial status, criminal record, name or any other characteristics protected by law; content about controversial political or social issues.
- ENDANGERED SPECIES. Any Ad or content promoting products derived from endangered, vulnerable or threatened species, including without limitation elephants, tigers, sharks, whales, dolphins, wild dogs, gorillas, orangutans, bears, or rhinoceroses.
- COLLECTION OF PERSONAL INFORMATION: Ads that involve the collection of personal and/or sensitive information of end users, including without limitation, information regarding an end users’ financial position, health or medical condition, political affiliation, race, ethnicity, gender identity, sexual orientation, government-issues identifiers and documents, account passwords and usernames, except upon Viber’s prior written consent.
PROHIBITED ACTIVITIES AND CREATIVE ATTRIBUTES
1. ABUSE OF THE AD NETWORKS.
1.1 Incentivized or automated clicks and downloads;
1.2 Spyware, malware, illegal hacking, software causing deceptive or unexpected consequences;
1.3 Ads that contains or transmits viruses, worms, defects, Trojan horses or any malicious or infringing code;
1.4 Attempts to gain unfair advantage in Ad auctions or bypass certain processes;
1.5 “Cloaking”, “arbitrage”, promoting “bridges” or “gateway” destinations, all intended to hide correct destination, promote certain destinations or send end users to the wrong destination, external landing pages that are unexpected, disruptive or non-functional landing pages, including those which interfere with an end user’s ability to navigate away from the page;
1.6 Misleading ad positioning or manipulating settings; and/or
1.7 Use of the Viber Services in such a manner that disrupts, or interferes with, the normal and proper functioning and operation of Viber’s servers, systems and networks or that creates a security risk or threat to the Viber Services and/or its end users.
2. AD MISREPRESENTATION.
2.1 Promoting false, misleading, dishonest, inaccurate, unrealistic or deceptive products or services, including by portraying images of “before” and “after” with surprising, unlikely or impossible outcomes;
2.2 Omitting or concealing relevant or important information, terms, conditions and/or fees prior to allowing for the purchase, installation or download of a product or service, or binding the end user by another undertaking;
2.3 Failure to obtain end user’s explicit consent prior to allowing for the purchase, installation or download of a product or service or binding the end user by another undertaking; and/or
2.4 Offering unavailable products or services.
3. BULK MARKETING. Promoting bulk marketing products, the purpose of which is to send unsolicited communications (also referred to as “SPAM”, “SPIM” or “SPIT”) or any communication not permitted by applicable law, including bulk messaging, bulk email software, lists of email without opt-in of the end user.
4. NEGLIGENT USE OF INFORMATION/COLLECTION OF PERSONAL INFORMATION.
4.1 Collecting and using personal and/or non-personal information of end users in a manner which is negligent, reckless, inappropriate and contrary to applicable international and local laws, rules and regulations, including with respect to privacy and data collection; and/or
4.2 Promoting services, activities or sites that collect personal information from end users without their explicit consent or by deceptions, shams, scams or phishing.
5.1 Ads that promote products, services or activities similar to, or competitive with, Viber are subject to Viber’s prior written consent;
5.2 Ads that reference Viber or make use of Viber’s name, logos, trademarks, brands or any other Viber marks, or anything similar thereto or confusingly similar so as to mislead, without Viber’s prior written consent; and/or
5.3 Ads that falsely express of imply that such Ad or content is sponsored or endorsed by Viber, without Viber’s prior written consent.
6. ADDITIONAL CREATIVE ATTRIBUTES. You may not serve Ads on the Viber Services that comprise the following:
6.1 Pop Over, Pop Under, Pop Upon Exit or any other type of Pop Ads
6.2 Windows Dialog or Alert Style – any Ad creative that misleads and deceives the end user to think the Ad is an operating system or application-like notification, including but not limited to, by using features and creatives that mimic or resemble a user interface (e.g., push notifications) or that misleads the end user to perform a non-existing actions; and/or
6.3 Auto-redirect – Ads that automatically redirect the end user without requiring the end user to take an action, such as by clicking or touching.
You may run Ads that contain the following content, or that promote the following categories of products and services, on a limited basis in accordance with the below provision, and only in compliance with the below obligations, including, where stated, obtaining Viber’s prior written consent. You are responsible for contacting Your Viber Account manager prior to running campaigns or Ads, which include any of the following categories:
- GAMBLING AND LOTTERIES CONTENT: Ads that promote (i) offline or online gambling, gaming or casino-based activities with real money or prizes, (ii) national, governmental or private lotteries, or (iii) sports bingo, bingo, or poker, are permitted subject to Viber’s prior written approval and Your compliance with all applicable international and local laws, rules, regulations or licensing requirements, including with respect to all applicable jurisdiction and age restrictions.
- POLITICAL CONTENT: Ads that promote political campaigns, political parties, candidates and political content are subject to Viber’s prior written approval and Your compliance with all applicable international and local laws, rules or regulations.
- ALCOHOLIC BEVERAGES: Ads that promote or reference alcohol or beverages looking like alcohol are subject to Viber’s prior written consent and Your compliance with all applicable international and local laws, rules, regulations, established industry codes, guidelines, licenses and approvals, including with respect to the total ban of alcohol advertising or promotion in some countries, or the age limitations for alcohol Ad targeting in other countries. You may not promote Ads that: (i) suggest that drinking alcohol results in improved social, sexual, professional or intellectual status or provides health or other benefits; (ii) portrays extreme drinking of alcohol in an affirmative manner; or (iii) links the drinking of alcohol to the activities of operating a machine, car or other activities which require acuity and pure consciousness.
- ADULT-RELATED CONTENT: Ads that promote dating services, bride and groom services, or which include images portraying exposed skin or nudity are permissible subject to Viber’s prior written approval and Your compliance with all applicable international and local laws, rules or regulation, including with respect to jurisdiction and age restrictions.
- HEALTHCARE AND ONLINE PHARMACIES: Ads that promote healthcare and online or offline pharmaceutical related content, including acceptable dietary, weight-loss and herbal drugs or supplements, over-the-counter medication, prescription and prescription medication and information related thereto, products, services or tips on passing drug tests; steroids, pregnancy and fertility-related products and services, medical services and procedures, medical devices, clinical trial tests and sexual enhancement treatments, are subject to Viber’s prior written approval and Your compliance with all applicable international and local laws, rules, regulations, licenses and approvals, including with respect to jurisdiction and age restrictions.
- SUBSCRIPTION SERVICES: Ads for subscription services are permissible provided that the Ad states the fees for the subscription services and the applicable payment terms as well as containing an opt-in mechanism to ensure that the end user knowingly and explicitly consents to subscription services and its provisions, all subject to Your compliance with applicable international and local laws, rules, regulations, licenses and approvals.
EDITORIAL CONTENT POLICIES
You agree to comply with Viber’s editorial standards and editorial guidelines in order to ensure positive end user experience and easy interaction with the Ads and creative on the Viber Service:
- The Ad content must be clear, accurate and specific. Vague or uncertain text must be avoided.
- The Ad must distinctly and clearly represent the company and its brand, product or services being promoted or advertised.
- The Ad content must be of high editorial quality.
- Content that is misleading, false, gimmicky, or of low editorial quality is prohibited.
- The Ad content must be relevant and applicable to the product or service being promoted or advertised.
- The Ad content and creative must not include offensive or profane language that could offend or shock end users.
- The Ad must not direct to any websites or apps that are inoperable or under construction or which are parked domains.
- The Ad must not direct to any websites that have disabled the browser’s back button or that are not viewable in commonly used browsers, such as Internet Explorer, Firefox, and Chrome.
- The Ad must not present or provide a URL that inaccurately and incorrectly reflects the URL of the landing page to which it directs, such as www.insurance.com that refers to www.aig.com.
VIDEO AND DYNAMIC ADS
In addition to the above provisions of this Ad Policy which shall govern all video and other dynamic Ads, the Ad must not include any content or incidents that cause or are likely to cause interruptions or disruptions, including without limitation, flashing screens or loud noises and must otherwise comply with all terms and conditions set forth in this Ad Policy.
DATA USE RESTRICTIONS
You must ensure that any ad data collected, received or derived from your use of Ads (“Advertising Data”) is only shared with someone acting on your behalf, such as your service provider.
You are responsible for ensuring your service providers protect all Advertising Data or any other information obtained from Viber, limit their use of all of that information, keep it confidential and secure and otherwise comply the terms of this Ad Policy and all other terms incorporated herein by reference.
You may only use an Advertising Data on an aggregate and anonymous basis and only to assess the performance and effectiveness of your advertising campaigns on Viber Services and for no other purpose.