PUBLIC PERSONA

design, development and digital marketing :: new site coming soon ::

For new business inquiries, please contact jennifer@publicpersonainc.com

1. Digital Media For Businesses (DBA Public Persona) does not encourage spamming or violation of Instagram user's rights or rules set by Instagram. 

2. Digital Media For Businesses (DBA Public Persona) is not affiliated with Instagram or any other social networking sites or any other third-party sites in any way.

3. During the time period that you have contracted Digital Media For Businesses (DBA Public Persona) for Instagram marketing services, we kindly request that you refrain from liking others photos/posts while logged into your Instagram account. Please note that we are not responsible for any of your actions and their consequences. 

4. Digital Media For Businesses (DBA Public Persona) uses any and all methods necessary and/or available to achieve the desired goal. We are not, under any circumstances, responsible if your Instagram account is locked, blocked or banned.

5. You need to provide your login credentials - username and password – to Digital Media For Businesses (DBA Public Persona) so that we may log into your account; however, we never share your credentials with third parties.

6.  Digital Media For Businesses (DBA Public Persona) uses system servers that are secured using high-level encryption to prevent unauthorized access of your account. However, in case of security breach and loss of data, we are not responsible for the consequences that follow the event.

7. Please note that if you change your password, you must notify Digital Media For Businesses (DBA Public Persona) immediately. During such an event, the inactive period shall not be considered, added to your service and no refund shall be given. 

8. User behavior such as liking, following or commenting on your images or gallery cannot be predicted and therefore cannot be controlled. The actual number of likes or followers you get depends on a variety of factors outside of our control.

9. Each month's services are charged to the credit card on file the day before the new month's services start. In order to cancel services, you must contact Digital Media For Businesses (DBA Public Persona) prior to the credit card being charged.

10. Refunds are not given under any circumstances.

11. Digital Media For Businesses (DBA Public Persona) makes every reasonable effort to maintain operation of the Digital Media For Businesses (DBA Public Persona) service, however because many events and circumstances are beyond the control of Digital Media For Businesses (DBA Public Persona), Digital Media For Businesses (DBA Public Persona) does not in any way warrant or otherwise guarantee the availability of the Digital Media For Businesses (DBA Public Persona) system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Digital Media For Businesses (DBA Public Persona).

12. THE DIGITAL MEDIA FOR BUSINESSES (DBA PUBLIC PERSONA) SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

13. In general, Digital Media For Businesses (DBA Public Persona) has no control over information contained on the Internet.  Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal.  Digital Media For Businesses (DBA Public Persona) accepts no responsibility for any information, which you receive from the Internet.  You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal.  Digital Media For Businesses (DBA Public Persona) provides no warrantee for any goods or services, which you obtain over neither the Internet nor the compatibility of any such services with the Digital Media For Businesses (DBA Public Persona) system.  Items offered for sale via Digital Media For Businesses (DBA Public Persona) including via advertisements and classified advertisements are not checked, tested or approved in any way by Digital Media For Businesses (DBA Public Persona) and as such Digital Media For Businesses (DBA Public Persona) takes no responsibility for the truth or accuracy of the information or claims of such advertisers. 

14. You specifically hereby waive any claim against Digital Media For Businesses (DBA Public Persona) for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to: (a) any claim arising out of or in connection with any injury, whether such injury is the result of intentional or negligent acts of any employee or agent of a Partner Hotel or otherwise, to you as a result of your, or any third parties, use of, or presence on, any Partner Hotel’s premises; and (b) any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.

15. THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF MEMBERSHIP FEES PAID BY YOU TO DIGITAL MEDIA FOR BUSINESSES (DBA PUBLIC PERSONA) IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY.  IN NO EVENT SHALL DIGITAL MEDIA FOR BUSINESSES (DBA PUBLIC PERSONA) BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.

16. You agree to fully defend and indemnify and hold harmless Digital Media For Businesses (DBA Public Persona) of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement, or your negligence whether active or passive or any negligence of Digital Media For Businesses (DBA Public Persona) in any way related to your use of the Digital Media For Businesses (DBA Public Persona) web site or Service or any portion thereof.  Choice of counsel remains exclusively that of Digital Media For Businesses (DBA Public Persona).

17. You agree to fully defend and indemnify and hold harmless Digital Media For Businesses (DBA Public Persona) of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the Digital Media For Businesses (DBA Public Persona) web site or Service or any portion thereof.  Choice of counsel remains exclusively that of Digital Media For Businesses (DBA Public Persona).

18. You agree to fully defend and indemnify and hold harmless Digital Media For Businesses (DBA Public Persona) of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of your negligence whether active or passive or any negligence of any Partner Hotel whether active or passive that is in any way related to your use of, and presence on, any Partner Hotel premises.  Choice of counsel remains exclusively that of Digital Media For Businesses (DBA Public Persona).

19. You agree that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID.  You further agree to defend and indemnify and hold harmless Digital Media For Businesses (DBA Public Persona) of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys’ fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential user ID and password information.  Choice of counsel remains exclusively that of Digital Media For Businesses (DBA Public Persona).

20. FORCE MAJEURE: Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements.  The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

21. SEVERABILITY: If a court of competent jurisdiction hereof holds any term, clause or provision invalid or unenforceable, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the agreement.

22. CHOICE OF LAW: This agreement shall be interpreted under the laws of the State of Nevada without regard to any conflict of law provisions.  Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Superior Court of the State of Nevada, County of Clark.  The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.

23. NO AGENCY: Notwithstanding any other provision of this agreement, Digital Media For Businesses (DBA Public Persona) is not your agent, partner or joint venturer in any respect.

24. AMENDMENT: Digital Media For Businesses (DBA Public Persona) may without advance notice amend this agreement from time to time, and will do so by posting the new agreement on the Digital Media For Businesses (DBA Public Persona) web site in place of the old.  Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.

25. REQUIRED NOTICES: Copyright Infringement Claims - Any notice concerning any claim of copyright infringement should be addressed to Digital Media For Businesses (DBA Public Persona), COPYRIGHT INFRINGEMENT CLAIM, 1529 Minden Drive, San Diego, CA 92111.

26. Nevada - Pursuant to the terms of The Electronic Commerce Act of 1984, please be advised that as may be applicable to you under Nevada Law if you are unsatisfied with the manner in which a complaint that you may have regarding Digital Media For Businesses (DBA Public Persona) Service you may contact the Consumer Protection Department with the Nevada Attorney General in writing at 555 E Washington Avenue #4900, Las Vegas, NV 89101 or by telephone at (702) 486-7355.

Version 1.10

© 2014 Digital Media For Businesses (DBA Public Persona). All Rights Reserved.