TERMS OF SERVICE
Last updated: June 25, 2021
These Terms of Service ("Terms") apply to your access to and use of our website, mobile applications and other online products and services (collectively, the "Tildem Services" or "Services") provided by Tildem LLC ("Tildem", "we" or "us"). PLEASE READ THESE TERMS CAREFULLY. YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH USING AN ONLINE MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON.
BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.
We may supply different or additional terms (including, but not limited to, the terms of social media services, third-party payment processors, and third-party fulfillment providers) in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
From time to time Tildem introduces new features that may only be available to certain users. Provisions of these Terms of Service relating to new features may not apply to all users.
If you have any questions about these Terms or our Services, please contact us at firstname.lastname@example.org.
You must be at least 16 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services.
If you are registering to use the Tildem Services on behalf of a legal entity, you represent and warrant that: (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (b) you are authorized by such legal entity to act on its behalf.
If you use our Services on behalf of another person or entity: (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person's or entity's behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
Additionally, in order to use the Services, you must not: (a) have previously been suspended or removed from using the Tildem Service and (b) be violating any other agreement to which you are a party by agreeing to these Terms.
If you agree to the Terms and (1) are of sufficient age and capacity to use Tildem and be bound by the Terms, or (2) use Tildem on behalf of a business, thereby binding that business to the Terms, we grant you a limited, revocable, non-exclusive, non-assignable license to use Tildem in compliance with the Terms; unlicensed use is unauthorized. You agree not to display, "frame," make derivative works, distribute, license, or sell, content from Tildem, excluding business pages you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
USERS & SECURITY
You will need to register for an Tildem account with Tildem to access some or all of our Services. If you register for any account in connection with the Services, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security and confidentiality of your login credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. Additionally, you may only register for a Tildem account if you are legally permitted to, and do, live in the United States or one of its territories. We reserve the right to reclaim Tildem account business names, including on behalf of businesses or individuals that hold legal claim, including trademark rights, to those names.
The Tildem Services allow you to create a business page by uploading pictures, providing contact info and providing descriptions. You may also promote your business for a fee. If you pay to promote your business, Tildem will post your business more prominently and frequently within the search feed. Promoted businesses are also identified within the search feed. Tildem currently doesn’t charge any fees for services, but if Tildem does charge a fee, you will be notified through the Services first. Pricing details are provided through the Tildem Services.
Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general purpose web browsers and email clients) or services that interact or interoperate with TILDEM, e.g., for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect TILDEM content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful businesses/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of TILDEM's policies or rules referenced below as prohibited content. You agree not to abuse TILDEM's flagging or reporting processes. You agree not to collect TILDEM user information or interfere with TILDEM. You agree we may moderate TILDEM access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree to:
Not bypass said moderation
We are not liable for moderating or not moderating
Nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to:
Rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available TILDEM or our application programming interface ("API")
Copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the App, the API, any website code, or any software used to provide TILDEM
Combine or integrate TILDEM or the API with any software, technology, services, or materials not authorized by us
Circumvent any functionality that controls access to or otherwise protects TILDEM or the API
Remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use TILDEM or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law
Users must comply with all applicable laws, the Tildem Terms of Services, and all posted site rules. Here is a partial list of goods, services, and content prohibited on Tildem:
weapons; firearms/guns and components; BB/pellet, stun, and spear guns; etc
ammunition, clips, cartridges, reloading materials, gunpowder, fireworks, explosives
offers, solicitation, or facilitation of illegal prostitution and/or sex trafficking
exploitation or endangerment of minors; child pornography
prescription drugs, medical devices; controlled substances and related items
false, misleading, deceptive, or fraudulent content; bait and switch; keyword spam
offensive, obscene, defamatory, threatening, or malicious content or email
anyone’s personal, identifying, confidential or proprietary information
food stamps, WIC vouchers, SNAP or WIC goods, governmental assistance
stolen property, property with serial number removed/altered, burglary tools, etc
ID cards, licenses, police insignia, government documents, birth certificates, etc
lottery or raffle tickets, sweepstakes entries, slot machines, gambling items
spam; miscategorized, cross-posted, or nonlocal content
pages or email the primary purpose of which is to drive traffic to a website
pages or email offering, promoting, or linking to unsolicited products or services
affiliate marketing; network, or multi-level marketing; pyramid schemes
any good, service, or content that violates the law or legal rights of others
You further agree that if you violate the Terms, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for monetary damages as follows for:
Collecting/harvesting TILDEM users' information, including personal or identifying information - $2 per violation
Publishing/misusing personal or identifying information of a third party in connection with your use of TILDEM without that party's express written consent - $1,500 per violation
Misrepresenting your identity or affiliation to anyone in connection with your use of TILDEM - $1,000 per violation
Posting or attempting to post Prohibited Content - $4 per violation
Posting or attempting to post Prohibited Content in any paid section of TILDEM - the price per post applicable to that section of TILDEM
Sending an unauthorized/unsolicited email to an email address obtained from TILDEM - $25 per violation
Using TILDEM user information to make/send an unauthorized/unsolicited text message, call, or communication to a TILDEM user - $500 per text/call/communication
Creating a misleading or unlawful TILDEM account or buying/selling a TILDEM account - $4 per violation
Distributing any software to facilitate violations of the USE Section - $1,000 per violation
Aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting TILDEM content for any purpose without our express written consent - $3,000 for each day you engage in such violations
Requesting, viewing, or accessing more than 1,000 pages of TILDEM in any 24-hour period - $0.25 per page during the 24 hour period after the first 1,000 pages
Bypassing or attempting to bypass our moderation efforts - $4 per violation.
You agree that these amounts are:
A reasonable estimate of our damages (as actual damages are often difficult to calculate)
Not a penalty
Not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the Terms of Services section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Tildem does not represent or warrant that our Services are accurate, complete, reliable, current or error-free or that our Services are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
CLAIMS & INDEMNITY
Any claim, cause of action, demand, or dispute arising from or related to TILDEM ("Claims") will be governed by the internal laws of Illinois, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Chicago, IL (except we may seek preliminary or injunctive relief anywhere). You agree to:
Submit to the personal jurisdiction of courts in Chicago, IL
Indemnify and hold TILDEM Entities harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of TILDEM
Be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
Tildem, Tildem.com, and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Tildem and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on Tildem are the property of their respective owners. Reference to any businesses, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Tildem or our Services (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve Tildem by using the Feedback in Tildem's sole discretion. You understand that Tildem may treat Feedback as nonconfidential. Send all feedback to email@example.com.
Unless you have entered into a separate written or electronic agreement with us that expressly references the Terms, this is the exclusive and entire agreement between us and you, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral. Users complying with prior written licenses may access TILDEM thereby until authorization is terminated. Our actions or silence toward you or anyone else does not waive, modify, or limit the Terms or our ability to enforce it. The USE, DAMAGES, and CLAIMS & INDEMNITY sections survive termination of the Terms, and you will remain bound by those sections. If a Terms term is unenforceable, it shall be limited to the least extent possible and supplemented with a valid provision that best embodies the intent of the parties. The English version of the Terms controls over any translations.