1. Description of Site and Service
Gupta Media, LLC provides marketing and advertising services on behalf of our Users. The Report(SE) site allows Users to view performance statistics and budgeting information about such endeavours.
2. Release and Waiver of Rights
You release Gupta Media and expressly waive any and all claims against Gupta Media that may arise from your use of the Service and/or Sites. Specifically, without limitation, by uploading or linking to content using the Service and/or on the Sites, you release Gupta Media and expressly waive all claims against Gupta Media arising from or relating to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, moral rights, or any other rights under any applicable laws that may arise from your use of the Service and/or Sites.
3. Communications from Gupta Media
4. Use of Third Party Services
Third party services used by the Site and Service include:
5. Modifications and Interruption to Service or Sites
Users acknowledge and accepts that Gupta Media does not guarantee continuous, uninterrupted or secure access to the Service or Sites and operation of our Sites or Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control. Gupta Media shall not be liable to a User or any third party should for any modifications, interruptions, outages, downtimes or disruptions to the Service or Sites or for any inactive or misdirected links that may occur through use of the Service.
Gupta Media reserves the right to modify or discontinue the Service and/or Sites with or without notice to a User.
6. Disclaimer of Warranties
THE SERVICE AND SITES ARE PROVIDED BY GUPTA MEDIA ON AN `AS IS` AND ON AN `AS AVAILABLE` BASIS., GUPTA MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE SERVICE AND SITES IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. GUPTA MEDIA SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE SITES OR SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GUPTA MEDIA DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE THE ABOVE-REFERENCED EXCLUSIONS MAY BE INAPPLICABLE TO SOME USERS.
GUPTA MEDIA DOES NOT WARRANT THAT ITS SITES OR SERVICE WILL OPERATE ERROR-FREE OR THAT ITS SERVICE, WEBSITE AND SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF THE USER`S USE OF GUPTA MEDIA SITES OR SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, GUPTA MEDIA IS NOT RESPONSIBLE FOR THOSE COSTS.
7. Limitation of Liability
GUPTA MEDIA SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR GUPTA MEDIA SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITES, THE SERVICE OR THE INFORMATION CONTAINED IN THE SITES OR THE SERVICE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF GUPTA MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
Users hereby release and waive all claims against Gupta Media with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the applicable laws.
Users agree to indemnify and hold Gupta Media, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys` fees and costs, made by any third party due to or arising out of User`s use of the Service or Sites, the violation of this Agreement, or infringement by a User, or other User of the Service or Sites using a User's Gupta Media membership privilege, of any intellectual property or any other right of any person or entity.
9. Governing Jurisdiction of the Laws of Massachusetts
10. Compliance with Laws
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service and/or Sites in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, national, or international law or regulation.
11. Gupta Media Copyrights and Trademarks
All content included or available on the Sites or within the Service (other than User submitted content), including site design, text, graphics, interfaces, and the selection and arrangement thereof is the property of Gupta Media and/or third parties and is protected by intellectual property rights. Any use of materials on the Sites or within the Service, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Gupta Media is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy the Service, the Sites or any portion thereof.
GUPTA MEDIA and the Elephant Logo are trademarks of Gupta Media. Gupta Media's trademarks may not be used in connection with any product or service that is not provided by Gupta Media, unless such use is expressly authorized by Gupta Media. Gupta Media's trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Gupta Media.
All other trademarks displayed on the Site or that may appear within the Service are the trademarks of their respective owners, and their appearance constitutes neither an endorsement, nor a recommendation of those vendors. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Gupta Media.
12. Other Terms