Name.ly, its associated sites (Many.at, Brief.ly, Sincere.ly, Links2.Me, That-Is.Me, Of-Cour.se!, What-El.se?, Where-El.se?, Who-El.se?, Feed2Tabs, Links2Tabs, et al, hereinafter referred to as Name.ly/Sites) and third party sites hosted via Name.ly/PRO (all together, hereinafter referred to as Name.ly or Name.ly/Platform or Platform or PLATFORM) provide site consolidation, blogging, and webhosting services. The basic service for Name.ly/Sites is free and those of third parties is premium. We will do our best to keep it free for all registered users of Name.ly/Sites and visitors regardless the landing page. On top of basic features we will offer paid upgrades for advanced features such as [sub-]domain hosting and extra storage. Our service is designed to give you as much control and ownership over what goes on Your Site (hereinafter referred to as SITE) as possible and to encourage you to express yourself freely. However, be responsible in what you post, host, as well as the communicate. In particular, make sure that none of the prohibited items listed below appear on SITE or get linked to from SITE (e.g., but not limited to, spam, viruses, adult or hate content).

The following terms and conditions govern all use of a Name.ly websites, all content and all email traffic (hereinafter referred to as CONTENT), services and products available at or through the website, including, but not limited to, the Name.ly Premium Service (hereinafter referred to as PREMIUM SERVICE), (taken together, hereinafter referred to as WEBSITE). WEBSITE is run by Brands-and-Jingles, which is owned and sponsored by MAKTIG Venture Capital (hereinafter referred to as MAKTIG). WEBSITE is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Name.ly’s Privacy Policy) and procedures that may be published from time to time on this site by Name.ly (collectively, hereinafter referred to as AGREEMENT).

Please read this AGREEMENT carefully before accessing or using WEBSITE. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this AGREEMENT. If you do not agree to all the terms and conditions of this AGREEMENT, then you may not access WEBSITE or use any services. If these terms and conditions are considered an offer by Name.ly, acceptance is expressly limited to these terms. WEBSITE is available only to individuals who are at least 13 years old.

1. Your Name.ly Account and Site

If you create a SITE on WEBSITE, you are responsible for maintaining the security of your account and SITE, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the SITE. You must not describe or assign keywords to your SITE in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Name.ly may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Name.ly liability. You must immediately notify Name.ly of any unauthorized uses of your SITE, your account or any other breaches of security. Name.ly will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Contributors
   • the downloading, copying and use of CONTENT will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
   • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available CONTENT, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to Content;
   • you have fully complied with any third-party licenses relating to CONTENT, and have done all things necessary to successfully pass through to end users any required terms;
   • CONTENT does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive CONTENT;
   • CONTENT cannot be of erotic, pornographic, paedophilic, extremists origin or any other form of adult and violent material;
   • CONTENT is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
   • CONTENT is not obscene, libellous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
   • your SITE is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your SITE’s URL or name is not the name of a person other than yourself or company other than your own; and
   • you have, in the case of CONTENT that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Name.ly or otherwise.

If you operate a SITE, leave a comment on a SITE, post material to WEBSITE, post links on WEBSITE, or otherwise make (or allow any third party to make) material available by means of WEBSITE (any such material, CONTENT), You are entirely responsible for the content of, and any harm resulting from, that CONTENT. That is the case regardless of whether CONTENT in question constitutes text, graphics, an audio file, or computer software. By making CONTENT available, you represent and warrant that:

By submitting CONTENT to Name.ly for inclusion on your Website, you grant Name.ly a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish CONTENT solely for the purpose of displaying, distributing and promoting your SITE. If you delete CONTENT, Name.ly will use reasonable efforts to remove it from WEBSITE, but you acknowledge that caching or references to CONTENT may not be made immediately unavailable.

Without limiting any of those representations or warranties, Name.ly has the right (though not the obligation) to, in Name.ly’s sole discretion (i) refuse or remove any content that, in Name.ly’s reasonable opinion, violates any Name.ly policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of WEBSITE to any individual or entity for any reason, in Name.ly’s sole discretion. Name.ly will have no obligation to provide a refund of any amounts previously paid.

3. Content Policy.
   Users may not publish the following:
   • Pornography and Obscenity: any content that contains nudity, sexually graphic material or material that is otherwise deemed explicit by Name.ly.
   • Paedophilia, Incest and Bestiality: written information, images or videos, or any other content that promotes paedophilia, incest and bestiality. Name.ly has a zero-tolerance policy against child pornography.
   • Hateful or Violent content: any material that promotes hatred towards groups based on race or ethnic origin, religion, disability, gender, age, veteran status and sexual orientation or gender identity as well as any direct threats of violence against any person or group of people.
   • Private and Confidential information: any unauthorised publishing of people’s private and confidential information, such as credit card numbers, Social Security Numbers and driving and other licence numbers.
   • Impersonation: any impersonation of others through our services in a manner intended to mislead or confuse others.
   • Unlawful use of services: our products and services should not be used for unlawful purposes or for the promotion of dangerous and illegal activities. Your account may be terminated and you may be reported to the appropriate authorities.
   • Pirate content: any content that promotes pirated copies of ebooks, software packages, music, movies, games, etc.
   • Spam, Malicious Code or Viruses: any form of spamming or transmission of malware and viruses.
   • SITEs based on .LY domain names may not contain obscene and indecent names and/or phrases, including words of a sexual nature; furthermore these SITEs may not contain words and/or phrases or abbreviations insulting religion or politics, or be related to gambling and lottery industry or be contrary to Libyan law or Islamic morality. In principle, you are free to choose the SITE’s name. However, you cannot choose names that are in use by other organizations, or names that for various reasons are prohibited or reserved for technical, ethical or national considerations. You also have a duty to ensure that your registration of a SITE’s name does not infringe another party’s right to the same name. Remember that the responsibility always rests with you. If you are not sure whether you can use the name, ask Name.ly‘s personnel. You may also consult nic.ly policy.

4. Fees and Payment

Optional premium paid services such as email forwards, extra storage, domain purchases or premium hosting will be available on WEBSITE. By selecting PREMIUM SERVICE you agree to pay Name.ly the monthly or annual subscription fees indicated for that service (the payment terms for premium hosting are described below). Payments will be charged on the day you sign up for PREMIUM SERVICE and will cover the use of that service for a monthly or annual period as indicated. PREMIUM SERVICE fees are not refundable unless stated otherwise. PREMIUM SERVICE should be paid continuously, once the it was subscribed to, then paused, the gap should be paid on the renewal for the entire period of PREMIUM SERVICE.

5. PREMIUM SERVICES

Fees; Payment. By signing up for a PREMIUM SERVICES account you agree to pay Name.ly the setup fees and monthly or annual hosting fees in exchange for the PREMIUM SERVICES listed. Applicable fees will be invoiced starting from the day your PREMIUM SERVICES are established and in advance of using such services. Name.ly reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. PREMIUM SERVICES can be cancelled by you at anytime on 30 days written notice to Name.ly.

Support. PREMIUM SERVICES include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Name.ly to respond within one business day) concerning the use of the PREMIUM SERVICES. “Priority” means that support for PREMIUM SERVICES customers takes priority over support for users of the standard, free Name.ly blogging services. All PREMIUM SERVICES support will be provided in accordance with Name.ly standard PREMIUM SERVICES practices, procedures and policies.

6. Responsibility of Website Visitors

Name.ly has not reviewed, and cannot review, all of the material, including computer software, posted to WEBSITE, and cannot therefore be responsible for that material’s content, use or effects. By operating WEBSITE, Name.ly does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. WEBSITE may contain CONTENT that is offensive, indecent, or otherwise objectionable, as well as CONTENT containing technical inaccuracies, typographical mistakes, and other errors. WEBSITE may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Name.ly disclaims any responsibility for any harm resulting from the use by visitors of WEBSITE, or from any downloading by those visitors of CONTENT there posted.

7. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Name.ly links, and that link to Name.ly. Name.ly does not have any control over those non-Name.ly websites and webpages, and is not responsible for their contents or their use. By linking to a non-Name.ly website or webpage, Name.ly does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Name.ly disclaims any responsibility for any harm resulting from your use of non-Name.ly websites and webpages.

8. Copyright Infringement and DMCA Policy

As Name.ly asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Name.ly violates your copyright, you are encouraged to notify Name.ly in accordance with Name.ly’s Digital Millennium Copyright Act (”DMCA”) Policy. Name.ly will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Name.ly or others, Name.ly may, in its discretion, terminate or deny access to and use of WEBSITE. In the case of such termination, Name.ly will have no obligation to provide a refund of any amounts previously paid to Name.ly.

9. Intellectual Property

This AGREEMENT does not transfer from Name.ly to you any Name.ly or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Name.ly. Many.at, Brief.ly, Name.ly, Sincere.ly, Links2.Me, That-Is.Me, iXpress.Me, iXpressMe.com, Of-Cour.se, What-El.se, Where-El.se, Who-El.se, Brands-and-Jingles, Feed2Tabs, Links2Tabs, the corresponding logos, and all other trademarks, service marks, graphics and logos used in connection with Name.ly, or WEBSITE are trademarks or registered trademarks of MAKTIG, Name.ly or Name.ly’s licensors. Other trademarks, service marks, graphics and logos used in connection with WEBSITE may be the trademarks of other third parties. Your use of WEBSITE grants you no right or license to reproduce or otherwise use any Name.ly or third-party trademarks.

10. Changes

Name.ly reserves the right, at its sole discretion, to modify or replace any part of this AGREEMENT. It is your responsibility to check this AGREEMENT periodically for changes. Your continued use of or access to WEBSITE following the posting of any changes to this AGREEMENT constitutes acceptance of those changes. Name.ly may also, in the future, offer new services and/or features through WEBSITE (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this AGREEMENT.

11. Termination

Name.ly may terminate your access to all or any part of WEBSITE at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this AGREEMENT or your Name.ly account (if you have one), you may simply discontinue using WEBSITE. Notwithstanding the foregoing, if you have a PREMIUM SERVICES account, such account can only be terminated by Name.ly if you materially breach this AGREEMENT and fail to cure such breach within thirty (30) days from Name.ly’s notice to you thereof; provided that, Name.ly can terminate WEBSITE immediately as part of a general shut down of our service. All provisions of this AGREEMENT which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. Disclaimer of Warranties

WEBSITE is provided “as is”. Name.ly and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Name.ly nor its suppliers and licensors, makes any warranty that WEBSITE will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, WEBSITE at your own discretion and risk.

13. Limitation of Liability

In no event will Name.ly, or its suppliers or licensors, be liable with respect to any subject matter of this AGREEMENT under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Name.ly under this AGREEMENT during the twelve (12) month period prior to the cause of action. Name.ly shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

14. General Representation and Warranty

You represent and warrant that (i) your use of WEBSITE will be in strict accordance with the Name.ly Privacy Policy, with this AGREEMENT and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States, the United Kingdom or the country in which you reside) and (ii) your use of WEBSITE will not infringe or misappropriate the intellectual property rights of any third party.

15. Indemnification

You agree to indemnify and hold harmless Name.ly, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of WEBSITE, including but not limited to out of your violation this AGREEMENT.

16. Miscellaneous

This AGREEMENT constitutes the entire agreement between Name.ly and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Name.ly, or by the posting by Name.ly of a revised version. Except to the extent applicable law, if any, provides otherwise, this AGREEMENT, any access to or use of WEBSITE will be governed by the British laws, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be England and Wales and courts located in London, United Kingdom. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this AGREEMENT shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in London, United Kingdom, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this AGREEMENT shall be entitled to costs and attorneys’ fees. If any part of this AGREEMENT is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this AGREEMENT or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this AGREEMENT to any party that consents to, and agrees to be bound by, its terms and conditions; Name.ly may assign its rights under this AGREEMENT without condition. This AGREEMENT will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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