Tiddlyhost Terms of Use

Introduction

This document outlines the terms of use for Tiddlyhost ("the Service"), provided by Simon Baird, ("the Proprietor"). By using the Service, you agree to these terms. Please read them carefully.

Eligibility

You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you are of the legal age to form a binding contract and that you have not been previously suspended from using the Service.

Intellectual Property

The source code for Tiddlyhost is open source software and is licensed under 3-Clause BSD license. The source code is available for public use, modification and distribution in accordance with the terms of that license.

However, the name "Tiddlyhost", "tiddlyhost.com" and all related branding, including the main logo and other logos and service marks, are the exclusive property of the Proprietor. You are not authorized to use any of the foregoing for any purpose without the prior written consent of the Proprietor.

The Proprietor retains all right, title and interest in and to the Service, including, without limitation, all patents, copyrights, trademarks, trade secrets and other proprietary rights associated with the Service. You agree that you will not take any action that would impair the Proprietor's rights in the Service.

User Contributions

The Service allows you to upload, post, or otherwise transmit content, information, and other materials ("User Contributions"). You retain all rights in and to your User Contributions and are solely responsible for them.

By making any User Contributions through the Service, you grant the Proprietor a limited license to use, copy, display, and distribute your User Contributions solely in connection with providing the Service. This license is non-exclusive, royalty-free, sub-licensable, and worldwide.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Contributions or you have all rights, licenses, consents, releases, and permissions necessary to grant the rights granted in these Terms of Use; (ii) the User Contributions do not infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (iii) the User Contributions do not contain any viruses, trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.

The Proprietor does not claim any ownership rights in your User Contributions and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit your User Contributions. The Company has no obligation to monitor User Contributions, but reserves the right to remove User Contributions that violate these Terms of Use, as determined in the sole discretion of the Proprietor.

User Conduct

You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Service. You agree not to engage in any of the following activities while using the Service:

• Using the Service for commercial purposes without the prior written consent of the Proprietor.
• Violating any law, rule or regulation.
• Infringing any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
• Interfering with the Service or attempting to access the Service using a method other than through the interface provided by the Proprietor.
• Distributing viruses or other harmful computer code.
• Engaging in any activity that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise offensive.
• Using scripts or bots to automate access to the Service in ways that generate excessive, unwanted, or inappropriate traffic or content, such as posting repetitive or unwanted messages, scraping or harvesting content, or sending automated requests without consideration for the user experience.

Modification of Service and Termination

The Proprietor reserves the right to modify or discontinue the Service with or without notice to you. The Proprietor shall not be liable to you or any third party for any modification or termination of the Service.

Disclaimer of Warranty

The Service is provided on an "as is" and "as available" basis. The Proprietor makes no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Proprietor makes no warranty regarding the quality of any products, services, information, or other material purchased or obtained through the Service, or the accuracy, timeliness, truthfulness, completeness or reliability of any information obtained through the Service.

Limitation of Liability

The Proprietor shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content.

Indemnification

You agree to indemnify and hold the Proprietor, their affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to your use of the Service, including but not limited to your User Contributions, violation of these terms, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

Conclusion

These terms constitute the entire agreement between you and the Proprietor regarding the use of the Service. If any provision of these terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The Proprietor's failure to enforce any right or provision in these terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

Contact Information

If you have any questions about these terms, please contact the Proprietor by email at tiddlyhost+legal@gmail.com.