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
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.
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.
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.
2.12. 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;
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
4.3. Disclosure of User Information
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.
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:
1. Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
2. Not apply to any damage that Colombia may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.
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
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.
8.3. 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:
1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
2. Provide accurate information to us and update it as necessary;
4. Review and comply with notifications sent by Colombia concerning the Services;
5. Use the Services in a professional manner; and
6. Use your real name on your profile.
9.2. Don't undertake the following:
1. Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Colombia;
2. Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, 2. phone number, street address, or other information that is confidential in nature;
3. Create a User profile for anyone other than a natural person;
4. Harass, abuse or harm another person;
5. Use or attempt to use another's account or create a false identity on Colombia;
6. Upload, email, broadcast or otherwise make available or initiate any content that:
Falsely states, impersonates or otherwise misrepresents your identity, or misrepresents your affiliations with a person or entity, past or present;
Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
Adds to a content field content that is not intended for such field (e.g. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Colombia);
Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
Includes any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation;
Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Colombia or any user of Colombia;
Even if it is legal where you are located, create profiles or provide content that promotes escort services or prostitution.
7. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
8. Utilize or copy information, content or any data you view on or obtain from Colombia to provide any service that is competitive, in Colombia's sole discretion, with Colombia;
9. Imply or state, directly or indirectly, that you are affiliated with or endorsed by Colombia unless you have entered into a written agreement with Colombia;
10. Adapt, modify or create derivative works based on Colombia or technology underlying the Services, or other Users' content, in whole or part;
11. Rent, lease, loan, trade, sell/re-sell access to Colombia or any information therein, or the equivalent, in whole or part;
12. Sell, sponsor, or otherwise monetize a Colombia Group or any other service or functionality of Colombia, without the express written permission of Colombia;
13. Remove any copyright, trademark or other proprietary rights notices contained in or on Colombia, including those of both Colombia and any of its licensors;
14. Remove, cover or otherwise obscure any form of advertisement included on Colombia;
15. Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Colombia except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
16. Share information of non-Users without their express consent;
17. Infringe or use Colombia's brand, logos or trademarks, including, without limitation, using the word "Colombia" in any business name, email, or URL or including Colombia's trademarks and logos except as expressly permitted by Colombia;
18. Use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the site;
19. Use bots or other automated methods to access Colombia, add or download contacts, send or redirect messages, or perform other similar activities through Colombia, unless explicitly permitted by Colombia;
20. Access, via automated or manual means or processes, Colombia for purposes of monitoring Colombia's availability, performance or functionality for any competitive purpose;
21. Engage in "framing," "mirroring," or otherwise simulating the appearance or function of Colombia's website;
22. Attempt to or actually access Colombia by any means other than through the interfaces provided by Colombia expressly;
23. Attempt to or actually override any security component included in or underlying Colombia;
24. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Colombia's infrastructure, including, but not limited to, attempting to gain unauthorized access to Colombia, or transmitting or activating computer viruses through or on Colombia; and/or
25. Interfere or disrupt or game Colombia or the Services, including, but not limited to, any servers or networks connected to Colombia.
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 firstname.lastname@example.org
or Mr. Kapil Kapoor ("Grievance Officer").
Grievance Redressal Officer
FC - 6, 1st Floor,
Film City, Sector 16A,
Noida - 201301
We request you to please provide the following information in your complaint:-
1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
4. The address, telephone number or e-mail address of the complaining party.
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
6. A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
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This User Agreement / disclaimer/terms of service notification is subject to change without notice.