Not sure if they are cracking down on it or not but thought you'd like a heads up. Popping up onto an area not meant to be touched in the first place is probably fine though.
Right now the ad shows above the bottom split action bar, and you can pinch to zoom on the images.
If an ad isn't showing the image will fill up the rest of the space to the action bar.
I didn't expect many people to keep ads enabled, I released it as RateWare, asking that users rate the app if they choose to disable ads.