Login or Register
Send us Feedback!

Numly End-User License Agreement

Before you register for your Numly account, you must read and agree to the following terms and conditions and policies, including any future amendments (collectively, the "Agreement").


Although we may attempt to notify you via your registered e-mail address when changes are made, you should visit this page periodically to review the terms. NUMLY may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the NUMLY service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

  1. Description of Service. NUMLY is a browser-based digital rights management service (the "Service"). You understand and agree that the Service may include content-targeted ads or other related information, as further described below and in the NUMLY Privacy Policy. In addition, you understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. NUMLY disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. NUMLY also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

  2. Personal or Internal Business Use Only. The Service is made available to you for your personal or internal business use in compliance with all applicable laws, rules and regulations. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. NUMLY reserves the right to refuse service to anyone at any time without notice for any reason.

  3. Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by NUMLY; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing will result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. NUMLY reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

  4. Content of the Service. NUMLY takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does NUMLY have any obligation to monitor such third party content. NUMLY reserves the right at all times to remove or refuse to display any content on the Service, such as content which violates the terms of this Agreement. NUMLY also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of NUMLY, its users and the public. NUMLY will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement. 

  5. NUMLY's Intellectual Property Rights. You acknowledge that NUMLY owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the "NUMLY Rights"), and such NUMLY Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. The NUMLY Rights include rights to (i) the Service developed and provided by NUMLY; and (ii) all software associated with the Service. Th NUMLY Rights do not include third-party content used as part of Service, including the content of communications appearing on the Service. 

  6. Your Intellectual Property Rights. NUMLY does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, display or store in your NUMLY account. We will not use any of your content for any purpose except to provide you with the Service.

  7. Representations, Warranties, and Disclaimers. You represent and warrant that (a) all of the information provided by you to NUMLY to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. Unless otherwise mutually agreed to by the parties in writing , Numly offers its products as-is and makes no representations or warranties of any kind regarding its service, express, implied, statutory, or otherwise including, without limitations, warranties of the merchantability, fitness for a particular purpose, noninfringement, or absence of intent or other defects, accuracy, or the presence or absence of errors, whether or not discoverable. Some jurisdictions do not allow the exclusion of implied warranties, so such exclusions may not apply to you.

  8. Privacy. As a condition to using the Service, you agree to the terms of the NUMLY Privacy Policy as it may be updated from time to time. NUMLY understands that privacy is important to you. You do, however, agree that NUMLY may monitor, edit or disclose your personal information, including the content of your documents, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the NUMLY Privacy Policy. Personal information collected by NUMLY may be stored and processed in the United States or any other country in which NUMLY. or its agents maintain facilities. By using NUMLY, you consent to any such transfer of information outside of your country or country of origin.

  9. Advertisements. As consideration for using the Service, you agree and understand that NUMLY may in the future display ads and other information adjacent to and related to the content of your documents. NUMLY will serve relevant ads using a completely automated process that would enable NUMLY to effectively target dynamically changing content. No human would read the content of your documents in order to target such advertisements or other information without your consent, and no document content or other personally identifiable information will be provided to advertisers as part of the Service.

  10. Termination. NUMLY may at any time and for any reason terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless NUMLY has previously terminated your use of the Services (in which case subsequent notice by NUMLY shall not be required), NUMLY will notify you via e-mail on record of any such termination or cancellation, which shall be effective immediately upon NUMLY's delivery of such notice.

  11. Indemnification. You agree to hold harmless and indemnify NUMLY, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, NUMLY will provide you with written notice of such claim, suit or action.

  12. Choice of Law and Jurisdiction. These Terms of Use will be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Maricopa County, Arizona, and you consent to the jurisdiction of such courts.

  13. E-Mail Address. You agree to provide the service with your current email address for notification purposes.

  14. Fair Use Rights. Nothing in this agreement is intended to reduce, limit, or restrict any rights arising from fair use, fair sale, or other limitations on the exclusive rights of the copyright holder or owner under copyright law or other applicable law.

  15. Legal Advice. Numly is not a law firm and does not provide legal advice. You are encouraged to seek competent legal advice.

March 10, 2006



© 2006 Numly, inc. - All Rights Reserved - Privacy | Terms