cTrack

Time 2021-01-10 23:12:16

Web Name: cTrack

WebSite: http://www.ctrack.tv

ID:163094

Keywords:

cTrack,

Description:

cTrack is a TV monitoring service. It monitors advertising on the following over-the-air channels received in New York/New Jersey. An accurate list of advertisements telecast everyday is released on this website, on the next morning. Also included on the site are more than 15 analytical reports to build a detailed competitive-landscape for the advertisers, channels, and brands/products. cTrack also provides third-party telecast-certification of the spots. Many of the reports, including telecast certificates, can be automated to be produced and mailed to your clients and senior executives periodically. cTrack was set up in 2015, and has been tracking TV advertising on international channels in the USA, Canada, UK, Dubai, and Singapore. Click here for information on cTrack's international service. cTrack subscription comes with access to cTrackPlus, a mobile app invaluable to the sales, business development, and strategy professionals. Download cTrackLite a free version of cTrackPlus. Contact us to subscribe to cTrack. Watch this space for cTrack's expansion to the other major cities in the USA. Or click here to sign up for cTrack's monthly newsletter. cTrack's end-to-end TV Audience Measurement solution consists of three components: "Infinity" peoplemeters Related Software, and Hosting (data center) services Infinity meters take screenshots of the complete screen to identify the content being viewed on TV. The screen images are sent to cTrack's data center, located in the USA, over Internet. Average time for an image to reach the data center is about 2 minutes. These images are then processed with image-processing software to identify the channel being viewed. This is the lowest time-to-market system available anywhere. Write to us at inquiries@ctrack.tv for more information on the system. The following terms of service (these “Terms of Service” or this “Agreement”) govern the provision by DecisionCraft Inc. (DecisionCraft) to the customer executing this online transaction (“Customer”) on its site www.cTrack.tv (cTrack), of the products and services described in The Order Form submitted in connection with this online transaction (the “Order Form”), The Service Level Agreement (as in effect from time to time and set forth on cTrack website, the “SLA”) governing the Customer’s limited right to recover certain service credits, collectively called the “Products and Services”. These Terms of Service shall be effective as of the date that Customer executes its online transaction and thereby accepts these Terms of Services (the “Effective Date”). These Terms of Service hereby incorporate by reference the SLA, DecisionCraft’s Acceptable Usage Policy (as in effect from time to time as set forth on the cTrack website, the “AUP”) and the Order Form each of which is made a part of these Terms of Service and collectively referred to herein as the “Agreement.” Customer’s use of cTrack’s website, and the Products and Services is also subject to Customer’s acceptance and compliance with these Terms of Service, the AUP, the SLA and the Order Form. Capitalized terms used herein without being defined herein shall have the meaning ascribed to such capitalized term in the SLA or AUP, as applicable. DECISIONCRAFT HEREBY RESERVES THE RIGHT TO AMEND, ALTER, MODIFY, REPLACE OR SUSPEND, FROM TIME TO TIME IN ITS SOLE DISCRETION, ALL OR ANY PORTION OF THE SLA, THE AUP AND ITS PRIVACY POLICY (AS IN EFFECT FROM TIME TO TIME AS SET FORTH ON ADMONITIR WEBSITE, THE “PRIVACY POLICY”). CURRENT COPIES OF CTRACK’S SLA, AUP AND PRIVACY POLICY MAY BE REVIEWED OR PRINTED BY CUSTOMER AT THE SUPPORT SECTION OF CTRACK WEBSITE. CUSTOMER HEREBY REPRESENTS AND WARRANTS THAT IT HAS READ, UNDERSTOOD AND ACCEPTED THE TERMS OF THE SLA, AUP AND PRIVACY POLICY. By subscribing to cTrack, Customer hereby agrees to the terms and conditions of the Agreement. Services and Monthly Commitments DecisionCraft agrees to provide the Products and Services in accordance with the terms and conditions of this Agreement beginning on the Effective Date. DecisionCraft may perform remedial services as provided for in the AUP at the pricing set forth therein and without obtaining Customer’s consent in advance. Customer shall Pay DecisionCraft the fees as agreed in the Order form. Services and Monthly Commitments DecisionCraft agrees to provide the Products and Services in accordance with the terms and conditions of this Agreement beginning on the Effective Date. DecisionCraft may perform remedial services as provided for in the AUP at the pricing set forth therein and without obtaining Customer’s consent in advance. Customer shall Pay DecisionCraft the fees as agreed in the Order form. Term and Renewal Unless Customer agrees to a one-year, semi-annual or quarterly term or unless otherwise stated in an Order Form or any service description, the initial term (“Initial Term”) of this Agreement shall be month-to-month, commencing on the Effective Date and shall automatically renew on the monthly anniversary date (date of initial signup), for successive one-month periods unless cancelled or terminated earlier pursuant to the express terms of this Agreement (a “Renewal Period”). In the case of the Initial Term being other than month-to-month term, the agreement shall automatically renew at the end of the term for successive terms of duration equal to the Initial Term unless cancelled or terminated earlier pursuant to the express terms of this Agreement (a “Renewal Period”). Customer agrees to be bound by the service term selected on the Order Form. DecisionCraft may cancel or elect not to renew the Products and Services for any reason or no reason at all by delivering to Customer a written notice of non-renewal at least five (5) days prior to the expiration of the Initial Term or the then-current Renewal Period, as applicable. Customer Cancellation or Non-Renewal In order to cancel or elect not to renew any Product or Service, Customer must submit a DecisionCraft cancellation request (a “Cancellation Notice”) on the cTrack website at least fifteen (15) days prior to your renewal date. CUSTOMER AKNOWLEDGES AND AGREES THAT NO PRODUCT OR SERVICE WILL BE CANCELLED, ALL PRODUCTS AND SERVICES SHALL CONTINUE TO RENEW AND CUSTOMER WILL CONTINUE TO BE BILLED FOR ALL PRODUCTS AND SERVICES UNLESS CUSTOMER CANCELLS THE PRODUCTS AND SERVICES AS PROVIDED IN THIS SECTION 3. Termination DecisionCraft may immediately terminate this Agreement at any time, and without liability, upon the occurrence of any of the following events (“DecisionCraft Termination”): Customer’s failure to pay any amount due hereunder; Customer’s material breach or violation of any provision of this Agreement (other than such violations set forth in clauses (iii), and (iv) below) that is not cured within twenty-four (24) hours of Customer’s receipt of written notice from DecisionCraft referencing such breach or violation; Customer ceasing to do business in the normal course, becoming or being declared insolvent or bankrupt, being the subject of any proceeding relating to liquidation or insolvency which is not dismissed within ninety (90) calendar days, or making an assignment for the benefit of its creditors; Customer’s violation of the AUP or the Privacy Policy; or Customer exhibits abusive behavior towards DecisionCraft representatives via phone or online communication. DecisionCraft determines in its sole discretion what behavior is considered abusive and subject to immediate termination. In such events listed above DecisionCraft shall have no obligation to refund any funds paid in advance by customer. Customer may terminate this Agreement of the Products and Services without liability (except for Charges due through the effective date of such termination) upon the occurrence of a material breach by DecisionCraft of its obligations to provide the Products and Services according to the terms of this Agreement that is not cured within fifteen (15) business days after written notice from Customer describing such breach in detail is received by DecisionCraft (“Customer Termination”). In the event of a Customer Termination, Customer shall pay all outstanding amounts payable through the effective date of such termination, and DecisionCraft shall refund any advance payments received from the customer. If Customer terminates this Agreement for any reason other than a Customer Termination, Customer shall pay to DecisionCraft an amount equal to all unpaid Charges through the effective date of such termination and (A) in the case of any Product and Service subscribed for on a month-to-month basis, all Charges for the Products and Services through the remainder of the Initial Term or the then-current Renewal Term, as applicable and (B) in the case of any Product and Service subscribed for other than on a month-to-month basis, all Charges for the Products and Services through the remainder of the Initial Term or the then-current Renewal Term, as applicable, calculated based upon the then-current Minimum Monthly Commitment payable by Customer upon the date of termination. CUSTOMER ACKNOWLEDGES THAT CUSTOMER WILL NOT BE ENTITLED TO ANY REFUND OR CREDIT IN THE EVENT THAT ANY PRODUCT OR SERVICE THAT IS PROVIDED ON THE BASIS OF A MORE-THAN-ONE-MONTH TERM IS TERMINATED, WITH OR WITHOUT CAUSE, PRIOR TO THE EXPIRATION OF THE SAID TERM. CUSTOMER HEREBY WAIVES ALL RIGHTS TO ANY SUCH REFUND OR CREDIT. Upon termination of this Agreement, DecisionCraft and Customer shall have no obligations to each other, except as provided for in this Agreement. Upon termination of this Agreement, Customer shall pay all Charges and other amounts due and owing to DecisionCraft under these Terms of Service, Payment Customer agrees to pay all charges, fees, penalties, early cancellation charges, reconnection fees, service interruption fees, installation fees and other amounts due under this Agreement (collectively “Charges”) in US dollars. Except as otherwise provided for herein, all Charges for the Products and Services, and for any additional services described herein, shall be invoiced to the Customer and paid in advance of the Initial Term and each Renewal Term (but may include any applicable pro-rated amounts for partial months of for Products and Services provided on a month-to-month basis) and shall be due and payable upon receipt. Any additional one-time charges, including early cancellation charges, accrued interest, late fees, service reinstatement fees, and any usage-based charges (installation or set-up fees) shall be invoiced in arrears and appear on either regular monthly invoices or separate invoices. Customer also shall pay to DecisionCraft all expenses incurred by DecisionCraft in exercising any of its rights under this Agreement or applicable law with respect to the collection of a payment default, including attorneys’ fees, court costs, and collection agency fees. If Customer fails to pay any past due amount within five (5) days after written notice by DecisionCraft s given to Customer, DecisionCraft may suspend performance under this Agreement and if such past due amounts remain unpaid for an additional five (5) days thereafter, DecisionCraft may terminate this Agreement. DecisionCraft may charge interest on any invoice amounts that are overdue by more than ten (10) days at the lesser of (a) 1.5% per month or (b) the maximum non-usurious rate under applicable law. Customer shall be deemed to have accepted as conclusively accurate any invoice that it has not disputed in a writing delivered to DecisionCraft within sixty (60) days of the invoice date. Customer may withhold the disputed portions of payments that are properly and timely disputed hereunder as long as it timely pays all undisputed charges that are outstanding. The parties shall work together in good faith to resolve any such disputed charge. In the event that this Agreement is terminated by DecisionCraft for any reason constituting “DecisionCraft Termination” (as defined above) or by Customer for any reason other than “Customer Termination” (as defined above), all Charges under the Agreement, including all remaining monthly or yearly fees due for the remaining portion of the Initial Term and each applicable Renewal Period, shall accelerate and are immediately due and payable. All set-up fees, monthly service fees and usage fees are non-refundable. Customer shall not be entitled to any refunds or credits, pro-rated or otherwise, in the event of early termination of this Agreement by DecisionCraft according to the terms herein. Indemnification Customer agrees to indemnify and hold harmless DecisionCraft, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Customer’s use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party. Disclaimers; Limitation on Company Liability DECISIONCRAFT SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE PRODUCTS AND SERVICES BY THE CUSTOMER OR ANY THIRD PARTIES OR ANY FAILURE OF THE PRODUCTS AND SERVICES. IN NO EVENT SHALL DECISIONCRAFT’S AGGREGATE LIABILITY FOR ANY CLAIM UNDER THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT PAID BY CUSTOMER TO DECISIONCRAFT IN THE BILLING CYCLE IMMEDIATELY PRECEEDING SUCH CLAIM. DECISIONCRAFT PROVIDES ALL PRODUCTS AND SERVICES “AS IS,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE PRODUCTS AND SERVICES AND DECISIONCRAFT SHALL HAVE NO LIABILITY THEREFORE. NO CLAIM MAY BE ASSERTED BY CUSTOMER AGAINST DECISIONCRAFT MORE THAN ONE YEAR FOLLOWING THE DATE OF THE EVENT THAT UNDERLIES ANY SUCH CLAIM. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE RECEIPT OF A SERVICE CREDIT AS PROVIDED FOR IN THE SLA CONSTITUTES CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, AND DECISIONCRAFT’S SOLE AND EXCLUSIVE LIABILITY, FOR ANY FAILURE OF DECISIONCRAFT TO PROVIDE CUSTOMER WITH THE PRODUCTS AND SERVICES PURCHASED BY CUSTOMER IN ACCORDANCE WITH THIS AGREEMENT WHICH RESULTS FROM A QUALIFIED NETWORK DOWNTIME EVENT OR ANY OTHER QUALIFIED DOWNTIME EVENT. Miscellaneous Terms Notices: Unless otherwise specified herein, all notices, requests and other communications hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, or registered or certified mail (return receipt requested) to the address or facsimile number of Customer listed in DecisionCraft’s records or if to DecisionCraft then to the address given on cTrack website. Such notices or other communications shall be deemed to have been given (a) on the date delivered (if delivered personally), (b) on the date that return confirmation is received (if sent by facsimile), (c) on the business day after being sent by an internationally recognized overnight air courier, or (c) five days after being sent (if sent by registered or certified mail). Waiver: It is agreed that no waiver by any party hereto of any breach or default of any of the covenants or agreements herein set forth shall be deemed a waiver as to any subsequent and/or similar breach or default. Severability: If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Force Majeure: Neither party shall lose any rights hereunder or be liable to the other party for damages or losses on account of failure of performance by the defaulting party if the failure is occasioned by any occurrence or contingency beyond its reasonable control, including war, strike, fire, Act of God, earthquake, flood, lockout, embargo, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party; provided that such party shall use commercially reasonable efforts to promptly mitigate any damages or losses. DecisionCraft’s Use of Customer’s Name: Customer agrees that DecisionCraft may, upon written consent by Customer, publicly disclose that DecisionCraft is providing services to Customer and may include Customer’s name in any promotional materials, such as press releases or DecisionCraft’s web site. Neither party may publicly use the other party’s logo or other trade or service mark without that party’s written consent. Non-Solicitation: During the term of this Agreement and for twelve (12) months following termination of this Agreement, Customer agrees that it shall not solicit for employment with Customer (or with any other party) any employee of DecisionCraft or interfere in the employment relationship between DecisionCraft and any of its employees with whom Customer has had contact in connection with this Agreement. Ownership: DecisionCraft shall be the sole owner of all intellectual property, and all derivatives thereof, that DecisionCraft may develop in the course of providing the Products and Services. Third-Party Beneficiaries: There shall be no third party beneficiaries to the Agreement, including customers, employees, agents, or insurers. Assignment: This Agreement shall not be assignable by Customer without DecisionCraft’s prior written consent. DecisionCraft may assign the Agreement in whole or in part upon written notice to Customer. This Agreement shall be binding upon and accrue to the benefit of any permitted assignee, and any such assignee shall agree to perform the obligations of the assignor. Governing Law, Jurisdiction, Venue: THIS AGREEMENT AND ANY DISPUTE ARISING FROM THE PERFORMANCE OR BREACH HEREOF SHALL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REFERENCE TO CONFLICTS OF LAWS PRINCIPLES AND EXCLUDING ANY APPLICATION OF THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. CUSTOMER (I) HEREBY IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK, FOR THE PURPOSES OF ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF THIS AGREEMENT OR THE SUBJECT MATTER HEREOF OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY BROUGHT BY THE CUSTOMER OR DECISIONCRAFT OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS, (II) HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH SUITS, ACTIONS OR PROCEEDINGS MAY BE HEARD AND DETERMINED IN SUCH NEW YORK OR, TO THE FULLEST EXTENT PERMITTED BY LAW, IN THE UNITED STATES DISTRICT COURT FOR THE NEW YORK AND (III) TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES, AND AGREES NOT TO ASSERT, BY WAY OF MOTION, AS A DEFENSE, OR OTHERWISE, IN ANY SUCH SUIT, ACTION OR PROCEEDING ANY CLAIM THAT IT IS NOT PERSONALLY SUBJECT TO THE JURISDICTION OF THE ABOVE-NAMED COURTS, THAT THE SUIT, ACTION OR PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM, THAT THE VENUE OF THE SUIT, ACTION OR PROCEEDING IS IMPROPER OR THAT THIS AGREEMENT OR THE SUBJECT MATTER HEREOF MAY NOT BE ENFORCED IN OR BY SUCH COURT. A FINAL JUDGMENT OBTAINED IN RESPECT OF ANY ACTION, SUIT OR PROCEEDING REFERRED TO IN THIS SECTION 8 SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT OR JUDGMENT OR IN ANY MANNER AS PROVIDED BY APPLICABLE LAW. This privacy policy discloses the privacy practices for www.cTrack.tv. This privacy policy applies solely to information collected by this web site. It will notify you of the following: What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared. What choices are available to you regarding the use of your data. The security procedures in place to protect the misuse of your information. How you can correct any inaccuracies in the information. Information Collection, Use, and Sharing We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order. Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy. Your Access to and Control Over Information You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website: See what data we have about you, if any. Change/correct any data we have about you. Have us delete any data we have about you. Express any concern you have about our use of your data. Registration In order to use this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required. Cookies We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site. If your site has links to other sites, you might insert a paragraph like this in your privacy policy: Links This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information. Security We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment. Updates Our Privacy Policy may change from time to time and all updates will be posted on this page. If you feel that we are not abiding by this privacy policy, you should contact us immediately at ctrack@decisioncraft.com

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