The smartURL Service allows Users to configure uniform resource locators (URLs) to redirect internet traffic to customized designations based upon predefined triggers, for example, the type of device from which the traffic originates or the geographic location (as determined by Internet Protocol (IP) address) of the internet user who clicks the URL. The Service also allows Users to monitor, view, and share performance statistics for smartURLs created and/or managed by the User.
The basic smartURL Service is provided free to Users who register through Gupta Media’s smartURL.it website. However, certain enhanced Service features may only be available to Users of the Service who subscribe to premier service tiers. Users of premier Service features may be charged subscription fees at the discretion of Gupta Media. Gupta Media reserves the right to modify subscription fees and other charges at any time.
Gupta Media does not solicit or collect personal information from children under the age of 13. By using the Service, you represent and warrant that you are at least 13 years of age. If you are under the age of 13, you may not use the Service.
Gupta Media shall have the right, but not the obligation, to monitor the content of the Sites and Service, including URLs and statistics, to determine compliance with this Agreement and any operating rules established by Gupta Media and to satisfy any law, regulation or authorized government request. Gupta Media shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Gupta Media Sites or using the Service.
Gupta Media reserves to right to discontinue membership of any User who fails to comply with these terms.
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.
All content added, created, uploaded, submitted, distributed or posted to the Service by Users is the sole responsibility of the User who originated it. By using the Service, you acknowledge that all content originated or accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting from your use and/or access to content linked to or made available through the Service. By using the Service, you acknowledge that you are the owner of any content linked to or originated by you through the Service or that you have the right to use and/or link to such content and that you grant to Gupta Media a license to use, distribute, display, reproduce, edit, modify, and/or post such content as necessary for operation of the Service.
Gupta Media may affiliatize links on its Sites or within its Services by including its own identifier (in addition to any affiliate identifier used by a User of the Site and/or Service in the User’s own links) to track internet traffic and use information.
Certain features of the Service allow Gupta Media to collect and track metrics and performance statistics, and generate analytics, relating to use of the Service. You acknowledge and agree that all metrics and performance statistics, and analytics generated therefrom, are owned by Gupta Media and Gupta Media has the exclusive right to use, license, sell or otherwise dispose of these metrics and statistics for any reason. These metrics, statistics and analytics may be made available to you at the discretion of Gupta Media and, in some circumstances, subject to the payment of subscription fees.
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.
Service features and other information on the Sites may be provided or sourced by third party vendors or collected from publicly available sources. This information includes, without limitation, the IP address information used to identify the geographic location of internet users who click on Users’ smartURLs. While Gupta Media makes every effort to ensure that the information on its Sites and used in its Service is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided or relied upon during use of the Sites or Service.
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.
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.
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.
Gupta Media’s Sites and/or Service include features that allow Users to link to and/or create user-generated content.
If you believe your work has been copied and is accessible at our Site or through our Service in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following:
Our agent for notice of claims of copyright infringement related to our Sites or our Service can be reached at:
Gupta Media, LLC
420 Boylston St, Suite 601
Boston, MA 02116
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, SMARTURL, the Elephant Logo and the smartURL 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.