Marketing Terms of Service
1. Agreement of Marketing Services – This Agreement for marketing services is between the customer whose name appears as the Business name in this Account Discovery page (the “Customer”) and Pure Digital Media Systems.
2. Customer Responsibility & Indemnity – The Customer acknowledges that Pure Digital Media Systems shall not bear any liability whatsoever with regards to any services, without limitation, provided by Pure Digital Media Systems including liability for negligence or gross negligence in the provision of services. In particular, the Customer agrees to release Pure Digital Media Systems from any liability associated with respect to any services provided by Pure Digital Media Systems and that the Customer agrees to indemnify and hold harmless Pure Digital Media Systems from and against any suits, actions, liabilities, damages, awards, claims and demands brought by the Customer and/or third parties against Pure Digital Media Systems for any matter related to services provided by Pure Digital Media Systems. The Customer particularly agrees to pay the lawyers fees associated with investigating and defending any claim or proposed claim on a solicitor and client basis.
3. Term of Contract – The marketing services are provided as an initial twelve (12) month service commitment from the Customer starting from the date of registration, then continues on a month-to-month basis and can be cancelled at anytime by the Customer after the initial twelve (12) month service commitment has passed by way of a written email requesting cancellation to email@example.com.
4. Privacy Provisions – Except where compelled by law, Pure Digital Media Systems agrees to maintain all non-public information obtained in connection with this Agreement in confidence and not disclose to any person or entity.
5. No Guarantee of Success – The Customer acknowledges that this Agreement provides no guarantee with regard to the success of the marketing services, derived benefits, response or of the number of visitors, shares, likes, followers, and all other quantifiable marketing statistics.
6. Governing law, jurisdiction and venue – This Agreement shall be deemed to have been made in, and shall be construed pursuant to the laws of the Province of Alberta, Canada and any action or proceeding arising out of or related to this Agreement shall be brought only in the courts of such jurisdiction. The parties hereby consent to such jurisdiction and venue.
7. Limitation of Liability – Pure Digital Media Systems is not liable for damages caused by, without limitation, software interruptions, security loopholes such as usernames and passwords, malicious software, hacking, denial of service attacks, or any other malicious attacks. Pure Digital Media Systems is not liable for damages resulting from spelling mistakes, poor grammar, sentence structure, paragraph structure, legibility, literary logic, federal compliance, negative reviews, or any other issue arising from the way content is written or displayed. Pure Digital Media Systems is not liable for damages caused by software interruptions, offensive images, poor quality images, lack of images, excessive images, or any other issue arising from image-related problems.
8. Entire Agreement- this Agreement constitutes the entire Agreement between the Parties with respect to the subject matter hereof, but the Customer specifically agrees that it shall be bound by any changes to these Terms and Conditions without further notice to the Customer.
9. Non-waiver – A waiver of any breach of provision of this Agreement by Pure Digital Media Systems shall not be deemed to be a waiver of any other rights under this Agreement, nor shall any waiver be deemed a continuing waiver. 10. Survival Clause – Paragraphs 1 through 9 shall survive the termination of this agreement.