Terms & Conditions
ACCEPTANCE OF TERMS
By using any part of this website and/or by registering for or using any of the Services in any manor, including but not limited to browsing, visiting and using the Services to shorten a uniform resource location (“URL”) or to add a message / call-to-action to a web page associated to a shortened URL, you agree to these Terms of Service and all other policies, operating rules and procedures that may be published from time to time on the Services by Tiddly Link, each of which may be updated from time to time without notice to you and each of which is incorporated by reference.
Certain Services may be subject to additional Terms and Conditions. Where this is the case your use of such Services is subject to those additional Terms and Conditions, which are incorporated into these Terms of Service by this reference.
These Terms of Service are applicable to all users of the Tiddly Link Services, including, without limitation, users who are contributors of information, content, and other materials or services, registered or otherwise.
Tiddly Link reserves the right, at its sole discretion, to change or replace any of these Terms of Service, or modify, suspend, or discontinue any of the Services at any time by updating these Terms of Service or by sending you notice through the Services or by e-mail or SMS. This also includes/applies to, without limitation, the availability of any feature, content, or database. Tiddly Link may also, without notice or liability, impose limits on certain features of the Services or restrict your access to all or parts of the Services. It is entirely your responsibility to periodically check these Terms of Services for changes. By continuing your use of the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
You certify to Tiddly Link that you are at least 13 years of age. If you are not at least 13 years of age then you may not, under any circumstances, use the Services. Tiddly Link may at any time change its eligibility criteria and/or refuse to offer the Services to any person or entity. You are solely responsible for ensuring that your use of the Services and these Terms of Service are in compliance with all laws and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provisions of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered solely for your use, and not for the use or benefit of any third party.
To access the Services you must register with Tiddly Link (“creating an Account”). In order to register, you must either use your Twitter or Facebook account, or provide an accurate e-mail address and choose a username and a secure password. You are solely responsible for ensuring that the e-mail address provided is accurate. Your username must be unique and you shall not (i) select or use, as your username, a name / word that is otherwise vulgar, obscene or offensive; (ii) select or use, as your username, a name / word subject to any rights of an entity or person other than you without appropriate authorization or (iii) select or use, as your username, the name of another person or entity with the intent to impersonate that person or entity.
The activity that occurs on your account is your sole responsibility. You are also solely responsible for ensuring that your Account is kept secure. You must immediately make us aware of any breach of security or other unauthorized use of your account by emailing email@example.com. You are not permitted to publish, distribute or post login information for your account, or to use another users Account.
TIDDLY LINK SERVICES
Tiddly Link’s Services allow you to embed websites and/or certain videos / images on Tiddly Link web pages on which you may also add a custom message / call-to-action which may include a link to a website of your choice. The created web page can be access via a shortened Tiddly Link URL. Providing you comply with these Terms of Service, these services may be used for your own personal use.
Where Tiddly Link provide browser plugins and/or software applications to access and use the Services, you may use these plugins and/or software providing you comply with these Terms of Service.
This licence is for the sole purpose of enabling you to use the Services, as permitted by these Terms of Service. Under no circumstances may you modify, re-distribute, or sell the Services, plugins and/or software. You may not, nor permit anyone else to, directly or indirectly: (i) create derivatives of or modify any part of the Services; (ii) disassemble, decompile, reverse engineer or otherwise attempt to discover the underlying algorithms or source code of all or any part of the Services (except that this restriction shall not apply to the limited extent that restrictions on reverse engineering are prohibited by applicable local law); (iii) obscure or remove any proprietary notices on the Services; or (iv) rent, lease, or use the Services for timesharing or service bureau purposes. Between the parties, Tiddly Link shall own all ownership rights, title and intellectual property rights in and to the Services, and any duplicates or portions thereof.
Under no circumstances shall you use any “page-scraper”, “spider, “robot”, “deep-link” or any other fully automatic or semi-automatic device, algorithm, program, methodology or any similar or equivalent manual process to acquire, access, monitor or copy any portion of the Service or any Content, or in any way reproduce or circumvent the presentation or navigational structure of the Services or any content, to obtain or attempt to obtain any documents, materials or information through any means not purposely made available through the Services. Tiddly Link reserves the right to ban any users that Tiddly Link believe to be partaking, directly or indirectly, in any such activity.
You shall not attempt to gain unauthorized access to any part or feature of the Services, or any other networks connected to the Services or systems or to any Tiddly Link server, or to any of the Services offered on or through the Service, by “password mining”, hacking, or any other illegitimate means.
You are not permitted to scan, probe or test the vulnerability of this website and or any of the Services or any network connected to the Services, nor breach the authentication measures or security of the Services or any network connected to the Services.
You shall not take any direct or indirect action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Tiddly Links networks or systems, or any networks or systems connected to the Services or to Tiddly Link.
You are not permitted to use any software, routine, or device to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any person’s use of the Services.
You agree not to use the content or the Services for any purpose that is prohibited by this agreement or that is unlawful.
PAYMENTS, FEES AND TRIAL PERIODS
Optional, premium paid Services are offered on this website. By opting for a premium Service you agree to pay Tiddly Link the monthly or annual subscription fees indicated for your chosen Service/s. Payment will be charged on the day you sign-up for the Service/s and shall cover the use of the Service/s for a monthly or annual period as indicated. Premium Service fees are not refundable. By choosing to sign-up for a premium Service you authorise Tiddly Link to take further payments at the end of each subscription period to cover a further subscription period equal to the duration of the initial subscription period. The Service/s will continue to renew automatically at the end of each subscription period until such time that you cancel the Service/s through the Tiddly Link dashboard by logging in to your Account and following the prompts on the Account Settings page.
TIDDLY LINK METRICS
Definition: Some features of the Services enable Tiddly Link to gather and track data, and produce analytics, relating to the URLs and messages / call-to-actions created using the Services. Tiddly Link Metrics include, but are not limited to:
A log of the URLs shortened by a particular Account.
A log of the call-to-actions / adverts / messages created under a particular Account, which may include images, videos, text, audio and links.
A log of all sharing of the URL’s created by a particular Account through third-party services such as Twitter and Facebook.
A log of referral URL’s for clicks of the URL’s created by a particular Account.
Visual presentation of any or all of the above.
Ownership Rights: You agree and acknowledge that all Tiddly Link Metrics that are generated and/or collected are owned by Tiddly Link and that Tiddly Link has the right to licence, sell, use or otherwise dispose of Tiddly Link Metrics for any reason whatsoever. Tiddly Link own sole copyrights to these Metrics.
Definition For the purposes of these Terms of Service, the term “Content” includes, without limitation, shortened URLs, URLs, curated URLs, audio, videos, written comments and posts, data, information, text, software, photographs, graphics, scripts and interactive features provided, generated or otherwise made accessible on or through the Services.
Tiddly Link Content The Services contain Content specifically provided by Tiddly Link and/or its partners and such Content is protected by trademarks, trade secrets, copyrights, patents, service marks, or other proprietary rights and laws. You shall maintain and abide by all copyright information, notices and restrictions contained in any Content accessed through the Services.
User Content All Content created, added, uploaded, distributed, submitted or posted to the Services by users, whether privately transmitted or publicly posted (collectively “User Content”), is the sole responsibility of the user who originated it. You acknowledge and agree that all Content accessed by you using the Services is done so at your own risk and you shall be solely responsible for any loss or damage to you or any other party resulting therefrom. If you decide to delete your User Content, it will be removed from the Services. However, you understand and agree that (i) any removed/deleted User Content may remain in backup copies for a reasonable amount of time and (ii) some User Content (for example, previously shortened / created URLs, associated Tiddly Link Pages and related Tiddly Link Metrics) will remain available.
Use License Tiddly Link grants each user of the Services, subject to these Terms of Service, a worldwide, non-exclusive, non-transferable and non-sublicensable license to use the Content, solely for personal use as part of using the Services. Reproduction, Use, modification, storage or distribution of any Content for other than personal use is expressly prohibited without prior written permission from Tiddly Link, or from the copyright holder/s identified in such Content’s copyright notice.
License to Tiddly Link By using the Services to submit User Content, you hereby shall and do grant Tiddly Link a worldwide, non-exclusive, fully paid, royalty-free, sublicensable and transferable license to edit, use, modify, distribute, reproduce, prepare derivative works of, perform, display and otherwise fully exploit the User Content in connection with the Services and Tiddly Link’s (and its successors and assigns’) business, including without limitation for redistributing and promoting part or all of the Services (and derivative works thereof) in any formats and through any media channels (including, without limitation, third party feeds and websites).
License to Users You also hereby shall and do grant each user of the Services a non-exclusive license to access your User Content through the Services, and to edit, use, modify, distribute, reproduce, prepare derivative works of, perform and display such User Content.
Availability of Content Tiddly Link does not make any guarantees that any Content will be made available through the Services. Further, Tiddly Link has no obligation to monitor the Services. However, Tiddly Link reserves the right to (i) block or remove any Content from the Services and (ii) edit, modify or remove any Content at its sole discretion, at any time, without notice and for any reason (including, but not limited to, upon receipt of allegations or claims from third parties or authorities relating to such Content and/or if Tiddly Link is concerned that you may have violated these Terms of Service), or for no reason at all.
No Infringement You warrant and represent that you have all necessary rights to grant such licenses without violation or infringement of any third party rights, including without limitation, any publicity rights, privacy rights, contract rights, copyrights, or any other intellectual property or proprietary rights.
RULES OF CONDUCT
You are solely responsible for all of your activity in connection with the Services and agree not to use the Services for any purpose that is prohibited by these Terms of Service.
You agree not to, and shall not permit any third party to, either (a) take any action or (b) download, upload, post, submit or otherwise distribute or facilitate the distribution of any Content whatsoever on or through the Service that:
Infringes any trademark, patent, copyright, trade secret, right of publicity or other right of any other person or entity or violates any contractual duty or law (Tiddly Links DMCA Copyright Policy);
Is unlawful, such as content that is abusive, threatening, harassing, libellous, defamatory, fraudulent, tortuous, or invasive of another’s privacy;
Constitutes unsolicited or unauthorized, bulk or junk e-mail (“spamming”);
Contains software/computer viruses or any other software/computer codes, programs, or files that are intended or designed to damage, disrupt, limit or interfere with the proper function of any hardware, telecommunications equipment, or software or to obtain unauthorized access to or damage any system, password, data or other information of Tiddly Link or any third party;
Impersonates any entity or person, including any representative or employee of Tiddly Link; or
Is otherwise determined, at the sole discretion of Tiddly Link, to be inappropriate.
Tiddly Link reserves the right to read, preserve, access, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable regulation, law, governmental request or legal process; (ii) enforce these Terms of Service, including the investigation of potential violations hereof; (iii) prevent, detect, or otherwise address security, fraud or technical issues; (iv) respond to user support requests; or (v) protect the property, safety or rights of Tiddly Link, its users and the general public. This includes the exchange of information with other organizations and companies for spam prevention and fraud protection.
THIRD PARTY SERVICES
The Services may permit you to link to, or embed, other websites, resources or services on the Internet, such as Facebook and Twitter, and other websites, resources or services may contain links to the Services. Your access to third party resources on the Internet is at your own risk. You acknowledge that these other resources are not under the control of Tiddly Link and that Tiddly Link is not liable or responsible for the functions, content, accuracy, appropriateness, legality or any other aspect of such resources or websites. The inclusion of any such link does not imply endorsement by Tiddly Link or any association with its operators. You further agree and acknowledge that Tiddly Link shall not be liable, or responsible, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with the use of or reliance on any such Content, services or goods available through or on any such resource or website.
Tiddly Link may terminate your access to all or any part of the Services at any time, with or without notice, with or without cause, effective immediately, which may result in the destruction and forfeiture of all information associated with your Account. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including without limitation, warranty disclaimers, ownership provisions, indemnity and limitations of liability.
Tiddly Link has no special relationship with or fiduciary duty to you. You acknowledge and agree that Tiddly Link has no control over, and has no duty to take any action regarding:
what Content you access via the Services;
which Users gains access to the Services;
how you may interpret or use the Content;
what effects the Content may have on you; or
what actions you may choose to take as a result of having been exposed to the Content.
You release Tiddly Link from all liability for you having acquired or not acquired Content through the Services. The Services may contain, embed, or direct you to websites containing content or information that some people may find inappropriate or offensive. Tiddly Link makes no representations concerning any of the Content accessed through or contained through the Services, and Tiddly Link will not be liable or responsible for the accuracy, legality, copyright compliance or decency of material contain in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. TIDDLY LINK, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME COUNTRIES AND/OR STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): TIDDLY LINK MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES OR ANY WEBSITE LINKED TO THE SERVICES. Tiddly Link will not be liable for the privacy of e-mail addresses, registration and identification information, communications, disk space, confidential or trade-secret information, or any other Content stored on Tiddly Link’s equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Services.
You shall defend, indemnify, and hold harmless Tiddly Link, its affiliates and each of their respective employees, directors, contractors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable legal / attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or which otherwise arise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. Tiddly Link reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with Tiddly Link in asserting any available defenses.
LIMITATION OF LIABILITY
IN NO EVENT SHALL TIDDLY LINK, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, REPRESENTATIVES OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL SUCH LIABILITY EXCEED ANY DAMAGES IN EXCESS OF ONE HUNDRED GREAT BRITISH POUNDS (£100.00) IN THE AGGREGATE. SOME COUNTRIES / STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
GOVERNING LAW AND JURISDICTION.
These Terms of Business and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England.
The parties irrevocably agree that the courts of England have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Business or its subject matter or formation (including non-contractual disputes or claims).
ENTIRE AGREEMENT AND SEVERABILITY.
These Terms of Service are the entire agreement between you and Tiddly Link with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Tiddly Link with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.
Force Majeure. Tiddly Link shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Tiddly Link’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with Tiddly Links’s prior written consent. Tiddly Link may assign, transfer or delegate any of its rights and obligations hereunder without consent.
Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
No Waiver. The failure of Tiddly Link to enforce any part of these Terms of Service shall not constitute a waiver of its right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance, does not mean that we will do so in the future. In order for any waiver of compliance with these Terms of Service to be binding, Tiddly Link must provide you with written notice of such waiver, provided by one of its authorized representatives.
Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
You may contact Tiddly Link: by mail at 17 Ensign House, Admirals Way, Canary Wharf, London E14 9XQ or by e-mail at firstname.lastname@example.org