Terms of Use
Please read these Daily Digital Performance Marketing internet site terms of use (“terms”) carefully.
Last updated: July 2024
1. Website
By using or visiting the website www.DailyDigitalPerformanceMarketing.com (the “website” and/or “website”), you expressly agree to be bound by and to adhere to these terms and all applicable laws and regulations governing the website. Daily Digital Performance Marketing and each of its affiliates reserve the right to change these terms at any time, effective immediately upon posting on the website. You should visit this page from time to time to review the then-current terms. If you do not or cannot agree to any or all of these terms, do not use this website.
2. Daily Digital Performance Marketing Proprietary Rights
You acknowledge and agree that the materials are owned by Daily Digital Performance Marketing and/or its providers and are protected by United States and international copyright, trademark and other applicable laws. Where Daily Digital Performance Marketing has posted a legal notice or credits on pages of the website, you may not remove such notices or credits, or any additional information contained along with the notices and credits. Within the materials and pages of the website, Daily Digital Performance Marketing has included its names, marks, brands, logos, designs, trade dress, and other designations Daily Digital Performance Marketing uses in connection with its product offerings and services (collectively, “Daily Digital Performance Marketing trademarks”). You may not alter or remove the Daily Digital Performance Marketing marks or display or use the Daily Digital Performance Marketing marks for any purposes without the prior written consent of a duly authorized representative of Daily Digital Performance Marketing reserves all of its rights in the materials and Daily Digital Performance Marketing trademarks.
3. Disclaimer of warranties
You expressly understand and AGREE that your use of the website and materials is at your sole risk and the website materials are provided on an "as is" and "as available" basis. Daily Digital Performance Marketing disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty of merchantability, fitness for a particular purpose, or noninfringement. Daily Digital Performance Marketing makes no representations, warranties, or guaranties as to the quality, suitability, accuracy, or completeness of any of the materials. In no event will Daily Digital Performance Marketing or its providers be liable for the accuracy or completeness of the materials. Daily Digital Performance Marketing makes no warranty that: (i) the materials and/or website will meet your requirements, (ii) the materials and/or website will be uninterrupted, timely, secure, or error-free, (iii) the materials and/or website will be accurate or reliable, (iv) the quality of any products, services, information, or other items purchased or obtained by you through the website will meet your expectations, or that (v) any errors in the functionality of the website or materials will be corrected. Any materials downloaded or otherwise obtained through your use of the website is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Daily Digital Performance Marketing or through the website will create any warranty not expressly stated in the terms.
4. Disclosures of agency/client relationship
Daily Digital Performance Marketing provides social media management and marketing services with the intent to enhance the online presence and engagement of our clients. However, we do not guarantee any specific results or success from any campaign. The effectiveness of social media marketing can vary widely due to numerous factors beyond our control, including market trends, consumer behavior, and platform algorithm changes.
Agreement and Compensation
Before commencing any work, a formal contract and agreement will be signed by both Daily Digital Performance Marketing and the client (“client” and/or “customer” - individual requesting services and engaging in a professional relationship with Daily Digital Performance Marketing). This agreement will clearly outline the scope of services, deliverables, timelines, and compensation details. The contract will specify:
1. Services Provided: Detailed description of the social media management and marketing services that Daily Digital Performance Marketing will provide.
2. Client Responsibilities: Obligations and responsibilities of the client, including but not limited to providing necessary access to social media accounts, content, and feedback.
3. Compensation: The agreed-upon payment structure for services rendered, including any upfront fees, retainer agreements, or performance-based incentives.
4. Performance Metrics: How performance will be measured and reported, with clear expectations set for both parties.
5. Termination Clause: Either party may terminate this Agreement with 30 days written notice. Payment for services rendered up to the termination date will be due immediately. In the event of termination, the Client will be responsible for paying the Agency for all services performed and expenses incurred up to the effective date of termination.
Client Acknowledgment
By signing the agreement, the client acknowledges and accepts that:
· Daily Digital Performance Marketing makes no guarantees regarding the success or specific outcomes of any marketing campaigns.
· The client is responsible for providing accurate and timely information and materials required for the agency to perform its services.
· External factors beyond the agency's control may impact the performance of marketing campaigns.
This disclosure is intended to ensure transparency and set realistic expectations for partnership. We are committed to delivering high-quality services and working collaboratively with our clients to achieve the best possible outcomes.
Confidentiality
Assurance that all client personal information, including account details and proprietary data, will be kept strictly confidential. Daily Digital Performance Marketing commits to not sharing, selling, or distributing any client information to third parties without explicit consent.
5. Limitation of liability
You AGREE that Daily Digital Performance Marketing and its suppliers shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if you have been advised of the possibility of such damages), resulting from or in connection with your use or inability to use the website and/or materials or submission of user content to Daily Digital Performance Marketing through the website. Links to third-party websites on the website are provided solely as a convenience to you. If you use these links, you will leave the website. Daily Digital Performance Marketing has not reviewed all of these third-party websites and does not control and is not responsible for any of these websites, their content or their privacy policies. Thus, Daily Digital Performance Marketing does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked on this website, you do this entirely at your own risk.
6. Indemnity
You agree to hold Daily Digital Performance Marketing harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the website and/or materials, including without limitation your submission of user content through the website.
7. Permitted use of the website and materials
Through the website, Daily Digital Performance Marketing provides you with access to content, features, information and resources that may be augmented or modified from time to time by Daily Digital Performance Marketing in its sole discretion (collectively, “materials”). You agree that you are only authorized to visit, view and to download and retain copies of pages of this website for your own personal, non-commercial and informational purposes only, and that you shall not duplicate, download, publish, or otherwise distribute the materials on this website for any other purpose. Without limiting the foregoing, you may not modify the materials or copy or post the materials on any networked computer or broadcast the materials in any media. Except as expressly provided herein or unless permitted as “fair use” under Untied States copyright law, you may not display, perform, transmit or otherwise use the materials without the prior written consent of a duly authorized representative of Daily Digital Performance Marketing. Use of software - If you download software from this website ("software"), use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the software license agreement. User content - Any material, information or other communication you transmit or post to this website will be considered non-confidential and non-proprietary ("user content"). Daily Digital Performance Marketing will have no obligations with respect to the user content. Daily Digital Performance Marketing will be free to copy, disclose, distribute, incorporate, and otherwise use the user content and all data, images, sounds, text, and other things embodied therein for commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law in any jurisdiction. Notwithstanding the foregoing, this section is not intended to apply to personal data, which is discussed below, or to modify any written agreement between the parties regarding the disclosure and protection of confidential information. Information that you transmit or post to the website for the purpose of receiving products or services will be handled in accordance with our Privacy Statement. For further information, please consult Daily Digital Performance Marketing’s Online Privacy Statement on the Privacy Policy page.
The permission to use the Website and Materials shall be deemed automatically revoked by Daily Digital Performance Marketing without notice if you breach any of these Terms. Upon such revocation, you must immediately destroy any downloaded and printed Materials that you have in your possession. Except for the permission granted to you in this section (above), these Terms will survive and remain enforceable against you following the revocation of such permission.
8. General terms
Daily Digital Performance Marketing controls and operates this website from its facilities in various locations in the United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this website from other locations, you are responsible for compliance with applicable local laws. You acknowledge and agree that the materials are subject to United States. export control laws and regulations, and may be subject to export or import regulations in other countries. Unless otherwise agreed upon by you and Daily Digital Performance Marketing in writing, these terms are the only terms that govern your use of the website and any materials. These terms and the relationship between you and Daily Digital Performance Marketing shall be governed by the laws of the State of California without regard to its conflict of law provisions. In the event of any dispute between you and Daily Digital Performance Marketing , you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Santa Clara, California. The failure of Daily Digital Performance Marketing to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. In the event any provision of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired, and a valid, legal and enforceable provision of similar intent and effect shall be substituted for such invalid, illegal or unenforceable provision. You may not assign the terms or any of your rights or obligations under the terms without the express written consent of a duly authorized representative of Daily Digital Performance Marketing. These terms inure to the benefit of Daily Digital Performance Marketing’s successors, assigns and licensees. These terms are written in the English language, and the governing language of these terms shall be English. You hereby waive and agree not to assert any right to have these terms written in the language of your place of residence. The exercise of any right or remedy provided in these terms shall be without prejudice to the right to exercise any other right or remedy provided by law or equity, except as expressly limited by these terms.
9. Daily Digital Performance Marketing privacy policy
Please see our Privacy Policy, which is hereby incorporated in and made part of these Terms by reference. Any User Content will be considered non-confidential and non-proprietary. With respect to personal information included in any User Content, Daily Digital Performance Marketing may share or otherwise use your submission in accordance with the Privacy Policy.