Prohibited Creatives and Related Content
You cannot use the OpenX Ad Exchange for ads that do any of the following (or link to any website or other online property that does any of the following):

• Contain nudity or suggestive content or images;
• Promote adult products, including sex toys and sexual enhancers;
• Promote online gambling;
• Promote adult-themed dating, escort services, “mail-order brides,” or similar services;
• Install spyware, trojans, viruses or other malware;
• Incite hatred of any race, religion, creed, class or ethnic group, or of any individual or group;
• Describe, depict, or glorify pain, suffering, torture, violence or death of or against humans or animals;
• Sell or promote firearms, ammunition, bombs or other weapons, or related design materials;
• Sell or promote illegal drugs, drug paraphernalia, or ways to pass a drug test;
• Promote P2P file-sharing, torrent, or anything that facilitates or promotes copyright infringement;
• Infringe intellectual property rights;
• Promote or contain libel or fraud;
• Violate any applicable law, regulation, governmental rule or court order
• Contain profanity;
• Promote hacking, cracking, or warez;
• Promote any other products, services, or content that are illegal, promote harmful activity, or infringe on the rights of others. This includes sites that provide “how-to” information on bomb-making, lock-picking, and similar topics;
• Sell or promote tobacco;
• Are misleading or contain content that is not reflective of what the user will find on the clickthrough URL;
• Employ phishing techniques or seek to trick the user into providing sensitive information by misrepresenting the identity of the advertiser;
• Contain annoying or distracting images, or excessive animation;
• Initiate a download;
• Automatically redirect the user to a new page or app;
• Pop-up on a webpage, upon banner open, or upon page exit;
• Expand beyond their original size;
• Automatically refresh;
• Mimic system errors or messages; and/or
• Are unbranded.

Preapproval Required
You can only use the OpenX Ad Exchange for ads that do any of the following (or link to any website or other online property that does any of the following) if you have prior written approval from OpenX (email sufficing):

• Contain or depict alcohol, liquor or spirits;
• Sell or promote products related to sexual health, including condoms and birth control devices;
• Promote or depict political or religious topics; and/or
• Contain audio that is triggered by anything other than a click (such as auto-play or rollover-initiated audio).

Minor-Directed Inventory
For minor-directed (under 18) websites or other online properties, OpenX will ensure that you may not use the OpenX Ad Exchange for ads that promote (or link to any website or other online properties that promotes) any of the following:

• Alcoholic beverages;
• Lottery tickets;
• Fireworks;
• Electronic cigarettes and vaping devices;
• Handgun safety certificates;
• BB guns;
• Spray paint;
• Etching cream;
• Tanning services utilizing ultraviolet light;
• Dietary products containing ephedrine group alkaloids;
• Salvia divinorum or Salvinorin A;
• Body branding; and/or
• Permanent tattoos.

Prohibited Profiling
Demand partners may create targeting profiles or segments based on the ads they show to users and user interaction with those ads as long as this is fully disclosed in your privacy policy and you follow all your legal and contractual obligations.  Your gathering and use of user data must strictly comply with the Children’s Online Privacy Protection Act.  In addition, demand partners may not create targeting profiles or segments on the basis that a user has visited a particular publisher or website, the OpenX Ad Exchange category(ies) that apply to the inventory, website or publisher, the content on the web page or website, or the general interest area(s) covered by the publisher.  This doesn’t prohibit you from targeting ads in real time on the basis of the inventory category(ies) shown in the OpenX Ad Exchange, as long as you don’t retain that information and/or include it in a targeting profile or segment.

Violations
At OpenX’s sole discretion, OpenX may assess a surcharge for any violation of these policies and/or immediately terminate your access to the Ad Exchange (in addition to any other legal or contractual remedies).  If OpenX assesses a surcharge, we will use our reasonable discretion to set the amount of the charge, taking into account the nature of the violation, the additional work and expense OpenX incurred in dealing with the violation, and the harm done to the OpenX Ad Exchange, OpenX’s reputation and/or to other OpenX clients.

Effective January 1, 2015