Thank you for visiting and using the website located at www.fyber.com (the “”), which is owned and provided by Fyber, GmbH (“”). Your use and access of the Service is governed by and subject to the following agreements (collectively, the “”), applicable to you and your use of the Service:
- If you are an advertiser (“”), the Fyber Advertiser Terms and Conditions to which you are a party; and
- If you are a developer (“”) of mobile applications or websites (“”), the Fyber Publisher Terms and Conditions to which you are a party.
Description of The Network
Fyber offers an advertising technology Service (the “”) that connects Publishers and Advertisers via our online platform. Fyber does not develop any particular Publisher Property. Nor is Fyber an advertising agency and Fyber does not create any Ad. Fyber is not responsible for the content, functionality or performance of any Ad or Publisher Property. Rather, what Fyber does is offer a web-based technology Service that collects information about how Users use Publisher Properties within the Network (“”) and enables Advertisers to serve Ads to those Publisher Properties based on specific User Characteristics via the Service. If you are a User, then you may encounter our Service when you download or visit a Publisher Property and one of our Advertisers requests that we serve Ads to that Publisher Property.
If you are a Publisher or Advertiser, you are required to create a password-protected account (“”) in order to use certain features of the Service. You are responsible for maintaining the strict confidentiality of your password, and you shall be responsible for any access to or use of your Account, including any fees, costs, or expenses incurred or accumulated as a result of such use, by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify Fyber of any unauthorized use of your password or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. It is your sole responsibility to protect your password, control access to and use of your Account, and notify Fyber when you desire to cancel your Account. Fyber will not be responsible or liable for, and you hereby waive any claim against Fyber in connection with, any loss or damage arising from your failure to comply with this provision.
Intellectual Property Ownership
Unless otherwise noted, all text, content, and documents made available via the Service, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing via the Service, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works via the Service (the “”) are owned by Fyber or used with permission or under license from a third party, such as a Publisher or Advertiser (hereinafter collectively referred to as the “”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Fyber and you, all right, title and interest in and to the Content will at all times remain with Fyber and/or its Owners. All brand names, product names, titles, slogans, logos, or service names and other marks used via the Service, are registered and/or common law trade names, trademarks or service marks of Fyber.
Limited Use; Restrictions on Use
Third Party Mediation
From time to time, in our sole discretion, we may enter into certain additional agreements with third parties to provide additional services. In such case, we will execute a separate agreement with these parties a establishing specific license terms and restrictions for the use of our Services, trademarks, logos, designs, layouts, or the look and feel of our Services. ALL OTHER MEDIATION OR RESALE, RE-USE, OR SUBLICENSING OF OUR SERVICES BY ANY PARTY OR ENTITY OTHER THAN US IS STRICTLY PROHIBITED AND UNAUTHORIZED AND MAY VIOLATE CIVIL AND CRIMINAL LAW, INCLUDING THE COMPUTER FRAUD AND ABUSE ACT. THIS INCLUDES WEB-SCRAPING OR ATTEMPTING TO MEDIATE OR MEDIATING OUR EXCHANGE AND OFFERS. Our election to enter into any agreement does not, and shall not, constitute a waiver of this prohibition to any party except the third party with which we have executed such agreement.
Even if this Service includes features and functionality that permit you to upload certain Content to our services or systems, including earning statements and records (“”) this Service is not and shall not function as an archive. Fyber shall have no liability to you or any other person for loss, damage, or destruction to your Submission. You shall be solely responsible for maintaining independent archival and backup copies of any Submission.
Without limiting the foregoing, the Content and all other features via the Service are provided to you “AS IS” and “AS AVAILABLE” without warranty of any kind with respect to the Service and/or Content, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should Publisher Propertylicable law not permit the foregoing exclusion of express or implied warranties, then Fyber hereby grants the minimum express or implied warranty required by such Publisher Propertylicable law. No advice or information, whether oral or written, obtained by you from Fyber, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, Fyber does not make any warranties that the Service will be uninterrupted, secure or error free or that your use of the Service will meet your expectations, or that the Service, Content, or any portion thereof, is correct, accurate, or reliable. Fyber reserves the right to change any part of the Service at anytime without notice.
Limitation of Liability
Digital Millennium Copyright Act
Fyber is committed to respecting and protecting the legal rights of copyright owners. As such, Fyber adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content on this Service or any Publisher Property or advertisement made available via the Network infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “”). To be valid, a DMCA Takedown Notice must (a) be provided to Fyber’ designated agent, (“”), as set forth below, and (b) include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Fyber’ Copyright Agent to receive DMCA Takedown Notices is: email: firstname.lastname@example.org. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted via the Service. You acknowledge that in order for Fyber to be authorized to remove or disable access to any Content, Publisher Property or advertisement, your DMCA Takedown Notice must comply with all of the requirements of this Section.
Choice of Law
No Framing; Links; Third Party Sites
Framing, in-line linking or other methods of association with the Service are expressly prohibited without prior written approval from Fyber.
Fyber, March 2014