Terms of Use Agreement

This Terms of Use Agreement sets forth the standards of use of the websites and online services owned and operated by Gupta Media, LLC (“Gupta Media”), including the guptamedia.com, smartURL.it websites (the “Sites”) and the smartURL online services (“Service”). By using the Sites and/or the smartURL Service you (“the User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should not use the Sites or Services. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on our Sites. Your continued use of the Sites and/or Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.

1. Description of Service

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.

2. Membership Terms

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.

3. Rules, Responsibilities and Obligations

Users agree to not use the Service and/or Sites to: (i) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another`s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) serve as a generic image hosting service; (iii) record, count, or otherwise track impressions and/or clicks; (iv) harm minors in any way; (v) impersonate any person or entity or falsely state or otherwise misrepresent User`s affiliation with a person or entity; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service and/or Sites; (vii) upload, post, email or otherwise transmit any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (viii) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (ix) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as a marketplace or classifieds) that are designated for promotional purpose; (x) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xi) configure URLs and/or IP address that import, embed, or otherwise integrate external content through any technical means, including, but not limited to, the use of CSS, iframes, or Javascript; (xii) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users` ability to engage in real time exchanges; or (xiii) interfere with or disrupt the Service and/or Sites or servers or networks connected to the Service and/or Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Service and/or Sites.

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.

4. 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.

5. Communications from Gupta Media

The User agrees to allow Gupta Media to send information regarding the Sites and Service from time to time. This information may be of a corporate, promotional, third-party advertising, or product nature. Gupta Media may contact the User via email, billing address, SMS messaging, or through a message system on the Sites or within the Service. At any time the User may opt out of receiving such information by contacting Gupta Media customer support. For more information on Gupta Media’s use of User information, please read Gupta Media’s Privacy Policy.

6. Third-Party Sites and Linked Content

Our Sites and Service may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. Users acknowledge that Gupta Media is not responsible for the availability of, or the content located on or through, any third-party site. Users should contact the site administrator or webmaster for those third-party sites if Users have any concerns regarding the content located on such sites. Use of third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. Gupta Media encourages all Users to review terms of use and privacy policies of third-parties 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.

7. Affiliate Links

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.

8. Use of Service Metrics and Statistics

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.

9. 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.

10. Disclaimer Regarding Accuracy of Vendor or Geographic Database Information

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.

11. 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.

12. 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.

13. Indemnification

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.

14. Governing Jurisdiction of the Laws of Massachusetts

These Terms of Use are governed by the laws of the Commonwealth of Massachusetts, without giving effect to any choice of law rules. We make no representation that our Site, Service and/or Product are appropriate, legal or available for use in locations outside of the United States. Accordingly, if you choose to access our Site and/or use the Service or Product you agree to do so subject to the laws of Massachusetts and the United States.

15. 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.

16. Digital Millennium Copyright Act Notice

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:

  • A clear identification of the copyrighted work you claim was infringed;
  • A clear identification of the material you claim is infringing the copyrighted work, including information that will allow us to locate that material;
  • Your contact information;
  • A statement of good faith belief that the material is infringing ;
  • A statement made under threat of perjury that the information provided is accurate and the complaint is authorized by the copyright holder

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
617-682-3740
617- 401-3603
copyright@smartURL.it

17. 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, 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.

18. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Gupta Media, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy.

Add Icon Add Circle Icon Accounts Icon Amazon Icon Apple Icon Archive Icon Arrow Down Arrow Next Arrow Previous Arrow Right Arrow Up Basic Retargeting Calendar Icon Clicks Icon Clicks Timeframe Icon Check Icon Circle Check Icon Contact / Email / Letter Icon Conversions Icon Copy Icon Country URL Icon Devices Icon Devices URL Icon Download Icon Dropoff Icon Edit Icon Enterprise Feature Icon Star Icon Error Icon Event Icon Facebook Icon Facebook Icon Flex Icon Folder Icon Gear Icon Gear Icon Google Icon Google Icon Google Analytics Icon Go To Icon Menu Icon IQID Icon Learn More Arrow Icon List Icon Company Icon Company Icon Active Settings Icon Stats Icon No Access Icon Pivot Icont Plus Icon Redirect Icon Remove Icon Remove Icon Remove Icon Rescan Icon Retailer Icon Search Icon Stats Icon Stream Icon Success Icon The Icon Tooltip Question Icon Trash Icon Warning Icon Warning Icon Small X Icon