Terms and Conditions
This service is operated by Tilda Limited (we, us, or our).
1. If you do not accept these Terms please do not access and/or use our Services.
2. We may update these Terms at any time. Please review the Terms regularly to ensure you are aware of any changes. Your continued access to and/or use of our Services after changes have been made to the Terms indicates your agreement to be legally bound by the updated and/or amended Terms.
USE OF OUR SERVICES
1. You agree to use our Services for lawful purposes only and in a way that does not infringe the rights of or restrict or inhibit any person’s use and enjoyment of our Services, and in compliance at all times with these Terms and with all laws and regulations that apply.
2. By accessing our Services, you agree that you will only access the content for your own personal and non-commercial use and not for any commercial or other purposes, including advertising or selling any goods or services. You also agree not to adapt, alter, or create a derivative work from any content on our Services, except for your own personal, non-commercial use. You will need our prior written permission if you want to use any content on our Services for any other reason.
4. If you are under 16, you will need to obtain your parent’s or guardian’s permission before using any interactive features of our Services, such as transmitting or uploading any content onto our Services. If you are under 16, you must not reveal any personal information about yourself or anyone else, including your telephone number, home address, or email address, to us or to any other user of our Services.
5. We make no representation that any of the content on our Services is appropriate or available for use in your country, this website is for the use of residents in the US. You are responsible for ensuring that your use of our Services is in compliance with all applicable local laws and regulations.
INTELLECTUAL PROPERTY RIGHTS
1. All information, data, text, recipes, documents, graphics, logos, designs, images, pictures, photographs, videos, podcasts, weblogs, RSS feeds, widgets, embeddable media players, software, interactive features, advertisements, or other content, services, or materials (or any part of them) accessible on our Services (Materials) are protected by copyright, trademarks, database rights, and other intellectual property rights, and are owned by, or licensed to us, or are otherwise used by us as permitted by applicable law or regulation. Nothing contained herein will be construed as conferring by implication, estoppel, or otherwise, any license or right to use the Materials other than as permitted in these Terms. Where content is submitted as a competition entry, Tilda owns the winning entry in perpetuity.
2. Except as specifically permitted on our Services, you undertake not to copy, store in any medium (including on any other website), distribute, transmit, re-transmit, re-publish, broadcast, modify, or show in public, any part of our Services without our prior written permission (and the prior written consent of the owner of the relevant intellectual property rights as and if applicable) in accordance with the Copyright, Designs, and Patents Act 1988.
USER CONTRIBUTIONS TO OUR SERVICES
PLEASE READ THIS SECTION CAREFULLY BEFORE UPLOADING OR OTHERWISE TRANSMITTING ANY CONTENT TO THE SITE. IF YOU DO NOT WANT TO GRANT US THE PERMISSIONS SET OUT IN THESE TERMS, PLEASE DO NOT SUBMIT YOUR CONTRIBUTION TO THE SITE.
1. We may now or in the future enable users to transmit and/or submit contributions (including, but not limited to, any text, photographs, recipes, graphics, video, or audio material) to our Services (User Contributions).
2. Whenever you make use of a feature that allows you to submit User Contributions or to make contact with other users of our Services, you must comply with the content standards set out in the Code of Conduct. You promise that any User Contribution complies with the Code of Conduct and you will fully reimburse us for any costs arising from breach of your promise.
3. You remain the owner of the copyright in any original User Contribution that you submit. By submitting any User Contribution to any of our Services (including, but not limited to, any forum, blog, social network, discussion page, photo album, or video uploading facility) and in consideration of us making available to you the opportunity to upload any User Contribution (which you acknowledge as a sufficient benefit to you), you irrevocably and unconditionally grant us free of charge, a non-exclusive, worldwide, royalty-free, sub-licensable license of the entire right, title, and interest in, and to such User Contribution so that we and any successor may use the User Contribution in any way, including, but not limited to, the right to copy, reproduce, modify, edit, adapt, reformat, translate, create derivative works from, incorporate into other works, transmit, distribute, perform, play, broadcast, commercialize, and otherwise make available to the public such User Contribution (whether in whole or in part or copies of the same) in any format, or medium currently known, or developed in the future for the full period during which such rights subsist (including all renewals, revivals, reversions, and extensions of the same) and thereafter to the fullest extent possible in perpetuity.
4. The permission you have granted to us is not exclusive and therefore you may continue to use the User Contribution in any way, in any medium, including allowing others to use it, provided such use does not interfere with or impair the rights you have granted to us.
5. You authorize us to grant and we hereby grant to each user of our Services a non-exclusive license to view, hear, read, stream, download, link to, and otherwise access your User Contributions to our Services through our Services and otherwise to use such User Contributions as permitted through the functionality of our Services and in accordance with these Terms.
6. You shall be solely responsible for your User Contributions and the consequences of submitting them to our Services. You promise that:
(a) the User Contribution is your own original work and you own the entire right, title, and interest in and to the User Contribution and/or you have all necessary licenses, rights, consents and permissions to use and to authorize us to use any and all intellectual property rights (including without limitation copyright) in such User Contribution to enable us to use the User Contribution in the manner contemplated by these Terms;
(b) nothing in the User Contribution is defamatory, obscene, indecent, pornographic, sexually explicit, harassing, threatening, or offensive, incites racial, cultural, or religious hatred, impersonates or appears to impersonate any other person, is in contempt of court, violates any law or regulation or encourages conduct that would amount to a criminal offence (including, but not limited to, any conduct that would be considered an offence under the Terrorism Act 2006) or give rise to a civil liability and/or is otherwise objectionable and/or an infringement of any US or other applicable law or regulation;
(c) you will not collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, or display any material, data, or information, whether personally identifiable or not, posted by or concerning any other person, firm, or enterprise, in connection with your User Contribution or in connection with your use of our Services, unless you have obtained the express, prior permission of such other person (or their parent or guardian if such other person is under 16), firm, or enterprise to do so;
(d) the User Contribution does not contain any virus, corrupt file, cancelbot, worm program, or other malicious code designed to interrupt, destroy, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers, or other equipment, nor any adware, spy ware, Trojan horse, or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
(e) you shall not forge any TCP/IP packet header or part of the header information in any User Contribution for any reason;
(f) you shall not submit any material or perform any actions that result in the transmission of junk email, chain letters, surveys, contests, pyramid selling schemes, duplicative or unsolicited messages or so-called “spamming” and “phishing”; and
(g) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of any User Contribution.
1. You hereby waive all moral rights or similar rights now existing or created in the future in any part of the world in respect of any User Contribution and grant to us the non-exclusive, royalty-free worldwide right to use any name, user name, screen name, likeness, photograph, signature, and/or biographical material submitted to us by you.
2. You shall, and will procure that any necessary third parties shall, do all such further acts and execute and deliver all such other documents as may be reasonably requested by us to confirm the licenses and rights granted under these Terms.
3. All User Contributions will be considered non-confidential and we have the right to use, copy, distribute, and disclose to third parties any such material for any purpose. We also have the right to disclose relevant information to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, their right to privacy, or any US or other applicable law, or regulation.
Information which is user generated is not verified or approved by Tilda, and the views expressed do not necessarily represent views or values of Tilda.
REMOVAL OF MATERIALS
1. We are entitled at our discretion, but are not obliged to (a) actively review User Contributions to our Services; and/or (b) remove any User Contributions submitted to our Services by you or any other user if, in our opinion, such User Contributions do not comply with these Terms.
2. We reserve the right at our sole discretion, at any time, without liability, and with or without prior notice (a) not to post any User Contribution on our Services; (b) to remove, or suspend, or disable access to any User Contributions; (c) to revoke your registration (where applicable), and right to access and/or use our Services, or submit any User Contributions; and (d) to use any technological, legal, operational, or other means available to enforce these Terms, including, but not limited to, blocking specific IP addresses, or deactivating your registration, and/or user name and password (where applicable).
3. If you are a rights-owner (or an agent acting for a rights-owner) and believe that any content (including any User Contribution) appearing on our Services infringes your rights and you wish us to remove it, or suspend or disable access to it, please send a notice via our contact page with the subject line “Removal request”.
In your contact form, provide us with the following information:
• details of the content that you claim is infringing or which is the subject of infringing activity, together with information reasonably sufficient to permit us to locate the content (including a URL and/or screenshot);
• information reasonably sufficient to permit us to contact you, such as, a postal address, telephone number, and e-mail address; and
• a statement by you that:
• you are the rights-owner or are duly authorized to act on the rights-owner’s behalf;
• you believe in good faith that use of the content in the manner complained of is not authorized by the rights-owner or the rights-owner’s agent or by law; and
• the information in the notification is true and accurate.
RELIANCE ON INFORMATION ON OUR SERVICES
1. Information published via our Services is intended solely for the purpose of providing general information and is not intended to amount to advice on which reliance should be placed. We do not warrant that any Materials are accurate or free from error and we disclaim all liability and responsibility arising from any reliance placed on any content on our Services by you or by anyone who may be informed of any of the contents of our Services.
2. You acknowledge that when using our Services you may be exposed to Materials from a variety of sources and that we are not responsible for the content, truth, accuracy, usefulness, or safety of such Materials. We do not endorse any User Contributions or any opinion, recommendation, or advice expressed in any User Contribution and we disclaim any and all liability in connection with such User Contributions or other material.
3. We aim to update our Services regularly and may change the content at any time. We may suspend access to our Services, or close them indefinitely at any time at our sole discretion. The Materials may be out of date at any given time and we are under no obligation to update them.
WARRANTIES AND DISCLAIMER
1. Our Services are provided “AS IS” and on an “AS AVAILABLE” basis without any representation or endorsement of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, conditions, and other Terms of any kind, express or implied, in connection with our Services and your use of our Services (including, but not limited to, as to satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy).
2. We do not warrant that the functions contained in any Materials on our Services will be uninterrupted or error-free, that defects will be corrected, or that our Services or the servers that makes them available are free of viruses or bugs.
LIMITATION OF LIABILITY
1. We accept no liability in respect of any User Contributions submitted by any of our users. Your use of our Services, the Materials, and/or any User Contributions is entirely at your own risk.
2. To the fullest extent permitted by law, Tilda and the other members of the Ebro S.A. group of companies and connected third parties, hereby expressly exclude any liability for any direct, indirect, consequential, special, or exemplary loss or damage (whether such losses were foreseen, foreseeable, known, or otherwise) arising from, out of, or in connection with the use of our Services, including, but not limited to: (a) injury and/or damage to persons or property as a result of any statement, including any actual or alleged defamatory statement; (b) losses suffered by any third party, including infringement of any intellectual property or privacy rights; (c) loss of data; (d) loss of revenue or anticipated profits; (e) loss of business or contracts; (f) loss of opportunity; (g) loss of anticipated savings; (h) wasted management or office time; or (i) loss of goodwill or injury to reputation.
3. This does not affect our liability for death or personal injury arising from our negligence, fraudulent misrepresentation, or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable laws or regulations.
4. We shall not be responsible for any breach of these Terms caused by circumstances beyond our control.
REIMBURSEMENT BY YOU
1. You agree to reimburse us in full and any of our officers, directors, employees, agents, representatives, licensors, suppliers, and operational service providers on demand in respect of any and all claims, actions, proceedings, demands, damages, losses, liabilities, costs, and expenses suffered or reasonably incurred by us as a result of, or in connection with, your access to and use of our Services other than in accordance with these Terms or any applicable law or regulation.
VIRUSES, HACKING, AND OTHER OFFENCES
1. You must not misuse our Services by introducing, transmitting, or arranging the sending of any viruses, corrupt file, cancelbot, Trojan horse, worm, time or logic bomb, keystroke logger, spyware, adware, or other material designed to adversely affect the operation of any computer software, hardware, or telecommunications equipment, or interfere with, wrongly intercept, or expropriate any data or personal information. You must not attempt to gain unauthorized access to our Services, the servers on which they are stored, or any server, computer, or database connected to our Services. You must not attack our Services via a denial-of-service, distributed denial-of service, or other type of attack.
2. Any breach of this provision constitutes a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Services, your downloading of any Materials on our Services, or on any materials on any other website linked to it.
LINKS TO AND FROM OUR SERVICES
Linking from our Services
1. We have no control over the content or availability of third-party sites that you may access through our Services and such links are provided for your information only. If you visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
2. We do not endorse and are not responsible or liable (directly or indirectly) for any content, advertising, products, services, views expressed, or information on or available from third-party websites (including, but not limited to, payment for and delivery of any products or services) or for any damage, loss, or offense caused by or in connection with your access to and use of such third-party sites and any available services. Any Terms, conditions, warranties, or representations associated with any dealings on any third-party sites are solely between you and the relevant provider of that site and/or any relevant service.
Linking to our Services
1. You may link to a page on our website or within our Services without seeking our further written consent PROVIDED THAT you fully comply with these Terms.
2. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in the Code of Conduct. Our Services must not be framed on any other site.
3. Any links to our Services must be made in a way that is fair and legal, and does not damage our reputation or take advantage of it. You must not establish a link in any way that suggests any form of association, representation, approval, or endorsement on our part where none exists. Links to our Services do not imply that we endorse, are affiliated with, or are associated with any linked site, or that any linked site is authorized to use any of our trademarks, trade names, brands, logos, or copyright symbols or those of any of our affiliates or licensors.
4. Links to our Services are not permitted from the following “Excluded Websites”:
• websites that incite hatred whether based on race, religion, gender, sexuality, or otherwise, or to promote, encourage, or facilitate anti-social behavior;
• websites that promote, encourage, or facilitate violence;
• websites that promote, encourage, or facilitate terrorism or other activities that risk US national security;
• websites that discriminate against any specific social group or otherwise exploit vulnerable sections of society;
• websites that promote, facilitate, or encourage illegal activity;
• websites that are misleading, pornographic, defamatory, or that contain illegal or otherwise actionable content under US law; or
• websites which infringe individual privacy.
ADVERTISING AND SPONSORSHIP
1. Some parts of our Services or the entire Service may occasionally contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that any materials submitted for inclusion on our Services comply with relevant laws, regulations, and codes, as well as these Terms. We are not responsible for any error or inaccuracy in such advertising or sponsorship materials.
1. From time to time, certain software which is our protected work, or the protected work of our suppliers, may be made available to download via our Services. You are licensed to use the software on a non-exclusive basis only for the purposes for which it is indicated. You may not use the software for any other purpose and may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the software.
ORDER OF PRECEDENCE
1. If there is any conflict between these Terms and any specific terms appearing elsewhere on our Services relating to specific material, then the latter shall prevail.
1. If any of these Terms are determined to be illegal, invalid, or otherwise unenforceable by reason of the laws of any state or country in which these Terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid, or unenforceable, it shall be severed and deleted from these Terms and the remaining Terms shall survive, remain in full force and effect, and continue to be binding and enforceable.
1. The Terms are governed by and construed in accordance with the laws of America.
1. Any disputes arising from or related to our Services will be subject to the jurisdiction of the American courts.