Brands-and-Jingles, an online advertising agency with representative offices in the United Kingdom, the Netherlands and Ukraine, a partnership sponsored by MAKTIG Venture Capital, (collectively, the "PARTNERSHIP") operates Brands-and-Jingles.com and associated Internet sites (collectively, the "WEBSITEs") to promote its portfolio and services to its potential clients, the WEBSITE visitors (collectively, the "VISITORs" and / or "CLIENTs").
Trademarks and Copyright Protection
As the members of the PARTNERSHIP ask others to respect their intellectual property rights, they respect the intellectual property rights of others. It is the policy of the PARTNERSHIP not to infringe any existing trademarks and the PARTNERSHIP expects the visitors of the WEBSITEs not to violate intellectual property of the PARTNERSHIP.
The content of WEBSITEs and related intellectual property does not transfer from the PARTNERSHIP to the VISITOR or any third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with the PARTNERSHIP. Brands-and-Jingles, Brands-and-Jingles.com, BrandsAndJingles.com, Brand-and-Jingle.com, BrandAndJingle.com, and the Brands-and-Jingles logo, and all other trademarks, service marks, graphics and logos used in connection with the WEBSITEs are trademarks or registered trademarks of the PARTNERSHIP or PARTNERSHIP's licensors. Other trademarks, service marks, graphics and logos used in connection with the WEBSITEs may be the trademarks of other third parties. VISITORs' use of the WEBSITE grants VISITORs no right or license to reproduce or otherwise use any their or third-party trademarks.
The PARTNERSHIP's inventory consists of the generic brandable names that in the best knowledge of PARTNERSHIP are in no known trademark or legal disputes and are ready to be spun off as separated projects. By no means has the PARTNERSHIP sought utilisation of any of its domain names of what would fall under the Anti-Cyber-Squatting Consumer Protection Act, neither would it seek any sort of compensation from VISITORs for their existing trademarks and other related intellectual property.
For further questions regarding the intellectual property the VISITORs are referred to the PARTNERSHIP's trademark services.
The PARTNERSHIP reserves the right, at its sole discretion, to modify or replace any part of the AGREEMENT. It is VISITOR's responsibility to check the AGREEMENT periodically for changes. VISITOR's continued use of or access to the WEBSITEs following the posting of any changes to the AGREEMENT constitutes acceptance of those changes. The PARTNERSHIP 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 the AGREEMENT.
The PARTNERSHIP may terminate VISITOR's access to all or any part of the WEBSITE at any time, with or without cause, with or without notice, effective immediately. If the VISITORs wish to terminate the AGREEMENT they may simply discontinue using the WEBSITE. Notwithstanding the foregoing, if the CLIENT has a SERVICE account, such account can only be terminated by the PARTNERSHIP if the CLIENT materially breach the AGREEMENT and fails to cure such breach within thirty (30) days from the PARTNERSHIP’s notice to the CLIENT thereof; provided that, the PARTNERSHIP can terminate the WEBSITE immediately as part of a general shut down of the SERVICEs. All provisions of the AGREEMENT, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The WEBSITE is provided “as is”. The PARTNERSHIP 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 the PARTNERSHIP nor its suppliers and licensors, makes any warranty that the WEBSITE will be error free or that access thereto will be continuous or uninterrupted. If VISITORs are actually reading this, here’s a treat. VISITORs understand that VISITORs download from, or otherwise obtain content or services through, the WEBSITE at VISITORs' own discretion and risk.
Limitation of Liability
In no event will the PARTNERSHIP, or its suppliers or licensors, be liable with respect to any subject matter of the 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 the CLIENT to the PARTNERSHIP under the AGREEMENT during the twelve (12) month period prior to the cause of action. The PARTNERSHIP shall have no liability for any failure or delay due to matters beyond the PARTNERSHIP's reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
PrivacyThe WEBSITE is hosted by Name.ly and its privacy terms can be read here.
The VISITORs agree to indemnify and hold harmless the PARTNERSHIP, 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 The VISITORs' use of the WEBSITE, including but not limited to out of The VISITORs' violation the AGREEMENT.
The AGREEMENT constitutes the entire agreement between the PARTNERSHIP and VISITORs concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the PARTNERSHIP, or by the posting by the PARTNERSHIP of a revised version. Except to the extent applicable law, if any, provides otherwise, the 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 the AGREEMENT shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. 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 the AGREEMENT shall be entitled to costs and attorneys’ fees. If any part of the 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 the AGREEMENT or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. VISITORs may assign VISITORs' rights under the AGREEMENT to any party that consents to, and agrees to be bound by, its terms and conditions; the PARTNERSHIP may assign its rights under the AGREEMENT without condition. The AGREEMENT will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.