Terms of Use - 2024

1. Description of Site and Service, and Fulfillment Policy 

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. All features, content, specifications, products and prices of products and services described or depicted in this Gupta Site are subject to change at any time without notice. Any payments made to Gupta are non-refundable and non-cancellable. 

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 

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. 

4. Use of Third Party Services

Our Site and Service make use of third party services to perform certain operations. Terms of use on such services may be different from our terms. By using our service, users are bound by the third party terms of service as well.  Third party services used by the Site and Service include: 

• Google Services 

• YouTube Services 

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.

8. 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. 

9. 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. 

10. Compliance with Laws 

IUser 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

As between you and Gupta, Gupta and its licensors exclusively own all rights, title, and interest in the content, patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the Sites (collectively, "Gupta Site IP"). Gupta Site IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in Gupta Site IP not expressly granted to you in these Terms of Use are reserved. 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.

You may choose to, or we may invite you, to submit comments or ideas about improvements to the Sites or our products or services ("Ideas"). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Gupta has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you. 

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 

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. 

13. Our address and Contact Information

Gupta Media Holdings LLC 

200 Berkeley St, 7th Floor 

Boston, MA 02116 

617-682-3740 

www.guptamedia.com