terms of service

welcome

These Terms of Service are a contract between you and dmb360 Analytics Inc., a company based in California. dmb360 Analytics operates www.digmybrand.com ("digmybrand Site") and the peer review and professional showcase services therein (collectively the "Service"). By using the digmybrand Site and any services accessible from the digmybrand Site, you are agreeing to be bound by the following terms and conditions ("Terms of Service"). If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the digmybrand Site or the Service. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE DIGMYBRAND SITE, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE DIGMYBRAND SITE AT YOUR OWN RISK.

violation of these terms of service

dmb360 Analytics reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. dmb360 Analytics may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that dmb360 Analytics has no obligation to pre-screen or monitor your access to or use of the digmybrand Site or any information, materials or other content provided or made available through the digmybrand Site, but has the right to do so. You hereby agree that dmb360 Analytics may, in the exercise of dmb360 Analytics's sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.

modifications to the digmybrand site offering

digmybrand reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the digmybrand Site and Service (or any part thereof) with or without notice. digmybrand shall not be liable to you or to any third party for any modification, suspension or discontinuance of the digmybrand Site. digmybrand reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current digmybrand Site, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the digmybrand Site after any such changes shall constitute your consent to such changes.

notification of claims of infringement.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify digmybrand's agent for notice of claims of copyright or other intellectual property infringement at terms@digmybrand.com.

limitation of liability.

UNDER NO CIRCUMSTANCES SHALL DMB360 ANALYTICS OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SERVICES OR DIGMYBRAND SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF DMB360 ANALYTICS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR DIGMYBRAND SITE, FROM INABILITY TO USE THE SERVICES OR DIGMYBRAND SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR DIGMYBRAND SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR DIGMYBRAND SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE DMB360 ANALYTICS SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall DMB360 ANALYTICS or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

disclaimer of warranties

THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE DIGMYBRAND SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER. DMB360 ANALYTICS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. DMB360 ANALYTICS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. DMB360 ANALYTICS DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE DIGMYBRAND SITE WILL BE CORRECTED. DMB360 ANALYTICS AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. DMB360 ANALYTICS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DMB360 ANALYTICS SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE DIGMYBRAND SITE.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE REVIEW PLATFORM AND CONTENT ON THE DIGMYBRAND SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.

Technical support is only provided to paying account holders and is only available via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

copyright and content ownership

We claim no intellectual property rights over the material you provide to the digmybrand Site. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share any Content. dmb360 Analytics does not pre-screen Content, but dmb360 Analytics and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the digmybrand Site.

cancellation or termination

If you choose to delete your account and leave the digmybrand Service please be aware that digmybrand will retain your profile data in our backup and/or archival copies of our database. None of the information will be available to, your connections or anyone else unless you signup again and reactivate your account.

general

These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of dmb360 Analytics.

Any questions about these Terms of Service should be addressed to terms@digmybrand.com.

© dmb360 Analytics 2013 all rights

(415) 890-3620

© dmb360 Analytics 2013 all rights

(415) 890-3620