Welcome to Colombia Ad –Tech owned and operated by Times Internet Limited (hereinafter referred to as "TIL" or "Company" or "We"). By using the services provided by Colombia, You are agreeing to be bound by this Terms of Use and the terms and conditions mentioned herein. Times Internet reserves the right to revise, modify and/ or rescind parts of these terms and conditions stated herein. You will be bound by such revisions and should therefore visit this page from time to time to review the current terms and conditions.

 

 

1. Introduction

 

1.1 Purpose

 

Colombia is a self-service advertising solution that allows you to create and place ads across Times Internet network portals encompassing one of the largest active, influential audience based in India. People click on your ads and visit your website. You specify which audience groups view your ads by selecting target preferences and choose your pricing objective based on your advertising goals.

 

1.2. Scope and Intent

 

When you use Colombia, you are entering into a legal agreement and you agree to all of these terms. You also agree to our other website terms and conditions and other policies including Privacy Policy which covers how we collect, use, share, and store your personal information.

 

You agree that by registering on Colombia, or by using our website, or other information provided as part of the Colombia services (collectively "Colombia" or the "Services"), you are entering into a legally binding agreement with Colombia ("we," "us," "our," and "Colombia") based on the terms of this Colombia User Agreement and the Colombia Privacy Policy, which is hereby incorporated by reference (collectively referred to as the "Agreement") and become a Colombia User ("User"). If you are using Colombia on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become a Colombia User, do not enter into this Agreement, do NOT join Colombia and do not access, view, download or otherwise use any Colombia webpage, information or services. By clicking "Sign Up to Start Advertising" (or similar), you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. Please note that the Colombia User Agreement and Privacy Policy, are also collectively referred to as Colombia's "Terms of Service."

 

2. Your Obligations

 

2.1. Applicable laws and this Agreement

 

You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice.

 

2.2. License and warranty for your submissions to Colombia

 

You grant us a license to the information you provide us

 

You own the information you provide Colombia under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Colombia profile and all information shared accurate, updated and truthful.

 

2.3. Service Eligibility

 

To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are the  "Minimum Age" of 18 years or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Colombia account, (3) are not a competitor of Colombia or are not using the Services for reasons that are in competition with Colombia; (4) will only maintain one Colombia account at any given time; (5) will use your real name and only provide accurate information to Colombia; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of Colombia or third party, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services and (9) shall follow the basic guidelines with a view to achieve the acceptance of fair advertising practices in the best interest of the ultimate customer: (a) To ensure the truthfulness and honesty of representations and claims made by advertisements and to safeguard against misleading advertisements; (b) To ensure that advertisements are not offensive to general accepted standards of public decency; (c) To safeguard against the indiscriminate use of advertising for the promotion of products which are regarded a hazardous to society or to individuals to a degree or of a type which is unacceptable to society at large; (d) To ensure that advertisements observe fairness in competition so that the customer's need to be informed on choices in the market place and cannons of generally accepted competitive behavior in business are both served and (e) To ensure compliance of all ASCI guidelines or any other statutory guidelines or notifications or any modifications/amendments thereof for the time being in force guidelines.

 

2.4. Your Subscription

 

The profile you create on Colombia will become part of Colombia and except for the information that you license to us is owned by Colombia. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other's accounts; (4) not sell, trade, or transfer your Colombia account to another party; and (5) not charge anyone for access to any portion of Colombia, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.

 

2.5. Indemnification

 

You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Colombia.

 

2.6. Payment

 

You agree to pay the applicable fees plus all related taxes for our Services, and to reimburse us for all collection costs and interest (if applicable). Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Colombia does not support all payment methods, currencies or locations for payment. You may cancel or suspend your Colombia subscription anytime by contacting us (visit our  Contact Us section). We do not guarantee refunds for lack of usage or dissatisfaction.

 

2.7. Notify us of acts contrary to the Agreement

 

If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

 

2.8. Notifications and Service Messages

 

For purposes of service messages and notices about the Services, Colombia may place a notification within your account to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Colombia to an email address associated with your account, even if we have other contact information. You also agree that Colombia may communicate with you through your Colombia account or through other means (including email, mobile number etc.) about your Colombia account or services associated with Colombia. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.

 

2.9. Colombia Applications (future scoping)

 

Colombia may offer the Services through applications built using Colombia's platform ("Colombia Applications"). Examples of future Colombia Applications may include smart phone applications (for Android, iPhone etc.) and Colombia's "Share" buttons and other interactive plugins distributed on websites across the web. Colombia Applications are distinct from third party Platform Applications addressed in Section 4.2. If you use a Colombia Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing Colombia plugins that load in your browser may be communicated to us. Further, by importing any of your Colombia data through the Colombia Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your Colombia account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing Colombia through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.

 

2.10. Content Sharing and Subscription Cancellation

 

Colombia, in its sole discretion, may close a user account or remove content from them if the content violates this Agreement or others' intellectual property rights. Please note that content you share as part of an ad creative may be seen and used by others, and Colombia cannot guarantee that others will not use the ideas and information that you broadcast via Colombia. Therefore, if you have an idea or information that you would like to keep confidential or don't want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it as part of the ad creative on Colombia. COLOMBIA IS NOT RESPONSIBLE FOR ANOTHER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOUBROADCAST VIA COLOMBIA.

 

2.11. Privacy

 

You are advised to read the  Privacy Policy before using Colombia as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us.

 

2.12. Export Control

 

Your use of Colombia services, including our software, is subject to export and re-export control laws and regulations of India. You shall not - directly or indirectly - sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from us.

 

2.13. Prohibited Activities

 

You agree that, You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that - (a) belongs to another person and to which you do not have any right to; (b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (c) harm minors in any way; (d) infringes any patent, trademark, copyright or other proprietary rights; (e) violates any law for the time being in force; (f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (g) impersonate another person (h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation Any Ad(s) and/or advertisement comment/material uploaded by you, shall be subject to relevant Indian laws and may be disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, Colombia shall have the right to immediately terminate/block your access and Colombia shall have the right to immediately remove any non-compliant Ads and/or advertisement comment/material, uploaded by you and shall further have the right to take recourse to such remedies as would be available to Colombia under the applicable laws.

 

2.14. Suggestions to Colombia

 

By submitting ideas, documents, or proposals ("Suggestions") to Colombia through its "Contact Us" page or other mediums, you acknowledge and agree that: (a) your Suggestions do not contain confidential or proprietary information; (b) Colombia is not under any obligation of confidentiality, express or implied, with respect to the Suggestions; (c) Colombia shall be entitled to use or disclose (or choose not to use or disclose) such Suggestions for any purpose, in any way, in any media worldwide; (d) Colombia may have something similar to the Suggestions already under consideration or in development; (e) you irrevocably non-exclusively license to Colombia rights to exploit your Suggestions; and (f) you are not entitled to any compensation or reimbursement of any kind from Colombia under any circumstances.

 

3. Your Rights

 

On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, non-assignable, non-sub-licensable license and right to access the Services, through a generally available web browser, mobile device or Colombia authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Colombia), to view information and use the Services that we provide on Colombia webpages and in accordance with this Agreement. Any other use is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Colombia and all related items, including any and all copies made of the Colombia website.

 

4. Our Rights & Obligations

 

4.1. Services Availability

 

For as long as Colombia continues to offer the Services, Colombia shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Colombia as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Colombia, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all users in our sole discretion. All of these changes shall be effective upon their posting on Colombia or by direct communication to you unless otherwise noted. Colombia further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Colombia to be contrary to this Agreement. For avoidance of doubt, Colombia has no obligation to store, maintain or provide you a copy of any content that you provide when using the Services.

 

4.2. Third Party Sites

 

Colombia may include links to third party web sites ("Third Party Sites") on its website and elsewhere. You are responsible for evaluating whether you want to access or use a Third Party Site or not. You should review any applicable terms or privacy policy of a Third Party Site before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. Colombia is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. Colombia also does not screen, audit, or endorse Third Party Sites. Accordingly, if you decide to use Third Party Sites, you do so at your own risk and that this Agreement does not apply to your use of any Third Party Site. For additional information, please refer to Colombia's Privacy Policy.

 

4.3. Disclosure of User Information

 

You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a Colombia user, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Colombia, our users or the public. Disclosures of user information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy. 

 

4.4. Intellectual Property Notices

 

The Service includes the copyrights and Intellectual property rights of Colombia and except for the limited license granted to you in Section 3, Colombia reserves all of its intellectual property rights in the Service. Colombia, the Colombia and "in" logos and other Colombia trademarks, service marks, graphics, and logos used in connection with Colombia are trademarks or registered trademarks of Colombia. Other trademarks and logos used in connection with Colombia may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.

 

5. Disclaimer

 

We disclaim any legal liability for the quality, safety or reliability of Colombia.

 

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON COLOMBIA, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR COLOMBIA AND ALL INFORMATION AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. COLOMBIA DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. IF YOU ARE DISSATISFIED OR HARMED BY COLOMBIA OR ANYTHING RELATED TO COLOMBIA, YOU MAY CLOSE YOUR COLOMBIA ACCOUNT AND TERMINATE THIS AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. COLOMBIA IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES SENT THROUGH COLOMBIA TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. COLOMBIA DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS; THEREFORE, COLOMBIA DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. COLOMBIA DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. COLOMBIA DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, COLOMBIA DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE COLOMBIA SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

 

6. Limitation of Liability

 

SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. Neither Colombia nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors ("Colombia Affiliates") shall be cumulatively liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, or any of the content or other materials on, accessed through or downloaded from Colombia. This limitation of liability shall:

 

 

 

7. Termination

 

7.1. Mutual rights of termination

 

You may terminate this Agreement, for any or no reason, at any time, with notice to Colombia pursuant to Section 9.3. This notice will be effective upon Colombia processing your notice. Colombia may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Colombia or the party paying for the services may terminate your access to Colombia. Termination of your Colombia account includes disabling your access to Colombia and may also bar you from any future use of Colombia.

 

7.2. Misuse of the Services

 

Colombia may restrict, suspend or terminate the account of any user who abuses or misuses the Services. Misuse of the Services includes abusing the Colombia messaging services; creating multiple or false profiles; using the Services commercially without Colombia's authorization, infringing any intellectual property rights, or any other behavior that Colombia, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Colombia has adopted a policy of terminating accounts of Users who, in Colombia's sole discretion, are deemed to be repeat infringers.

 

7.3. Effect of Termination

 

Upon termination of your Colombia account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 ("Your Rights") and Sections 4.1., 4.2., and 4.3. ("Our Rights and Obligations").

 

8. General Terms

 

8.1. Severability

 

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

 

8.2. Language

 

Where Colombia has provided you with a translation of the English language version of this Agreement, the Privacy Policy, or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, will govern your relationship with Colombia.

 

8.3. Governing Law and Jurisdiction

 

This User Agreement shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of New Delhi.

 

8.4. Notices and Service of Process

 

In addition to Section 2.8. ("Notices and Service Messages"), we may notify you via postings on this site or you may contact us by visiting our Contact Us.

 

8.5. Entire Agreement

 

You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Colombia regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Colombia services, third-party content or third party software.

 

8.6. Amendments to This Agreement

 

We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting on this site or notifying you otherwise. You may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 7 (Termination).

 

8.7. No informal waivers, agreements or representations

 

Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Colombia Affiliate shall be deemed legally binding on any Colombia Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Colombia.

 

8.8. No Injunctive Relief

 

You waive your rights to try to stop Colombia, but we don't waive our rights to ask a court to stop your actions.

 

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

 

8.9. Assignment and Delegation

 

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Colombia for any third party that assumes our rights and obligations under this Agreement.

 

8.10. Potential Other Rights and Obligations

 

You may have rights or obligations under local law other than those enumerated here.

 

9. Times AdCenter "DOs" and "DON'Ts"

 

9.1. Do undertake the following:

 

 

9.2. Don't undertake the following:

 

 

10. Complaints Regarding Content Posted on the Colombia Website

 

We built Colombia to help you be a more successful professional, and to help professionals succeed. To achieving this purpose, we encourage our Users to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, Colombia provides a process for submission of complaints concerning content posted by our Users.

 

11. Grievance Redressal

 

Any complaints or concerns with regards to content and or comment or breach of these terms shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to colombia@timesinternet.in or Mr. Kapil Kapoor ("Grievance Officer").

 

 

We request you to please provide the following information in your complaint:-