Terms and conditions

  1. Introduction

    These terms of use govern your use of Nibbler; by using Nibbler, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use Nibbler.

    If you register with Nibbler, we will ask you to expressly agree to these terms of use.

    You must be at least 18 years of age to use Nibbler. By using Nibbler and by agreeing to these terms of use, you warrant and represent that you are at least 18 years of age.

    Nibbler uses cookies. By using Nibbler and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy.

  2. Licence to use website

    Unless otherwise stated, we or our licensors own the intellectual property rights in Nibbler and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

    You may view, download for caching purposes only, and print pages from Nibbler for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

    You must not without our written permission:

    1. republish material from Nibbler (including republication on another website);
    2. sell, rent or sub-license material from Nibbler;
    3. show any material from Nibbler in public;
    4. reproduce, duplicate, copy or otherwise exploit material on Nibbler for a commercial purpose;
    5. edit or otherwise modify any material on Nibbler; or
    6. redistribute material from Nibbler except for content specifically and expressly made available for redistribution (such as our newsletter).

    If you operate a search engine or robot, or you republish a significant fraction of all Nibbler content (as we may determine in our reasonable discretion), you must additionally follow these rules:

    1. You must use a descriptive user agent header.
    2. You must follow robots.txt at all times.
    3. You must make it clear how to contact you, either in your user agent string, or on your website if you have one.
    4. Subject to these Terms, Nibbler gives you a personal, worldwide, royalty-free, revocable, non-assignable and non-exclusive license to use the Service as it is provided to you by Nibbler.
  3. Acceptable use

    You must not use Nibbler in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

    You must not use Nibbler to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

    You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to Nibbler without our express written consent.

    You must not use Nibbler to transmit or send unsolicited commercial communications.

    You must not use Nibbler for any purposes related to marketing without our express written consent.

  4. Restricted access

    Access to certain areas of Nibbler is restricted. We reserve the right to restrict access to other areas of Nibbler, or indeed our whole website, at our discretion.

    If we provide you with a username and password to enable you to access restricted areas of Nibbler or other content or services, you must ensure that your password is kept confidential.

    You must notify us in writing immediately if you become aware of any unauthorised use of your account or password.

    You are responsible for any activity on Nibbler arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

    You must not use any other person's username and password to access Nibbler.

    We may disable your user account at our sole discretion without notice or explanation.

  5. User generated content

    In these terms of use, 'your user content' means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to Nibbler, for whatever purpose.

    You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

    You warrant and represent that your user content will comply with these terms of use.

    Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

    Your user content (and its publication on Nibbler) must not:

    1. be libellous or maliciously false;
    2. be obscene or indecent;
    3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
    4. infringe any right of confidence, right of privacy, or right under data protection legislation;
    5. constitute negligent advice or contain any negligent statement;
    6. constitute an incitement to commit a crime;
    7. be in contempt of any court, or in breach of any court order;
    8. be in breach of racial or religious hatred or discrimination legislation;
    9. be in breach of official secrets legislation;
    10. be in breach of any contractual obligation owed to any person;
    11. depict violence in an explicit, graphic or gratuitous manner;
    12. be pornographic or sexually explicit;
    13. be untrue, false, inaccurate or misleading;
    14. consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
    15. constitute spam;
    16. be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
    17. cause annoyance, inconvenience or needless anxiety to any person.

    Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

    You must not use Nibbler to link to any website or web page consisting of or containing material that would, were it posted on Nibbler, breach the provisions of these terms of use.

    You must not submit any user content to Nibbler that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

    We reserve the right to edit or remove any material submitted to Nibbler, or stored on our servers, or hosted or published on Nibbler.

    Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, Nibbler.

  6. Testing and claiming websites

    By submitting a website address for testing by Nibbler, you agree that you are the legal owner of the website being tested and/or you have recieved explicit permission from the legal owner.

    Website owners that do not wish to have their website tested by Nibbler may permanently remove any existing reports, and prevent any future reports from being generated for that web address, by following the instructions on our technical page.

    In order to claim a website, you must have made a significant contribution to the design, marketing and/or development of that website.

    By claiming a website in Nibbler, you agree that you are the legal owner of the website being tested and/or you have recieved explicit permission from the legal owner.

    To make Nibbler fair for all, there are certain things which are prohibited:

    1. Faking social activity in order to increase a website's score;
    2. Testing and claiming multiple clones of websites; and
    3. Any deceptive practice designed to manipulate the tests to give false results.

    Users found to be serially committing these offences may have their sites and user accounts suspended without warning.

  7. User Registration

    Registration for Nibbler is open to individuals only and is restricted by the following terms.

    Should you wish, you are free to use the editable spaces provided on your Nibbler profile to:

    1. promote yourself;
    2. promote your own personal business interests; and/or
    3. promote the business interests of your permanent employer.

    You must not:

    1. register as a company, organisation, product or fictional character;
    2. provide any false personal information, or create an account for anyone other than yourself;
    3. create more than one user account;
    4. choose a username for your account which can be confused with a company name or product which you do not have the rights to use;
    5. use your profile to promote a client or third party (except claiming their website if you have had direct involvement); or
    6. make commercial gain by selling the user editable spaces on your profile to a third party or client.

    You are responsible for keeping the information on your profile accurate and up-to-date.

  8. Limited warranties

    You acknowledge that some of the information published on Nibbler is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on Nibbler; nor do we commit to ensuring that Nibbler remains available or that the material on Nibbler is kept up-to-date.

    To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to Nibbler and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

  9. Limitations and exclusions of liability

    Nothing in these terms of use will:

    1. limit or exclude our or your liability for death or personal injury resulting from negligence;
    2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
    3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
    4. exclude any of our or your liabilities that may not be excluded under applicable law.

    The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

    To the extent that Nibbler and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

    We will not be liable to you in respect of any loss or corruption of any data, database or software.

    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

    You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

    You agree to the publication of comments, reviews and/or feedback relating to you, by others, on Nibbler. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

  10. Indemnity

    You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

  11. Breaches of these terms of use

    Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

    1. send you one or more formal warnings;
    2. temporarily suspend your access to Nibbler;
    3. permanently prohibit you from accessing Nibbler;
    4. block computers using your IP address from accessing Nibbler;
    5. contact your internet services provider and request that they block your access to Nibbler;
    6. bring court proceedings against you for breach of contract or otherwise;
    7. suspend and/or delete your account with Nibbler; and/or
    8. delete and/or edit any or all of your user generated content.

    Where we suspend or prohibit or block your access to Nibbler or a part of Nibbler, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

  12. Third party websites and hyperlinks

    Nibbler includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

    You may add hyperlinks directed at Nibbler to your own website without our specific permission.

  13. Trade marks

    Nibbler and the Nibbler logo are trade marks belonging to Silktide Ltd. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

    The other registered and unregistered trade marks or service marks on Nibbler are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

  14. Competitions

    From time to time we may run competitions, free prize draws and/or other promotions on Nibbler. These will be subject to separate terms and conditions (that we will make available to you as appropriate).

  15. Variation

    We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of Nibbler from the date of the publication of the revised terms of use on this website. Please check this page regularly to ensure you are familiar with the current version.

  16. Assignment

    We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

    You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

  17. Severability

    If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  18. Exclusion of third party rights

    These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

  19. Entire agreement

    These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of Nibbler, and supersede all previous agreements in respect of your use of this website.

  20. Law and jurisdiction

    These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

  21. Registrations and authorisations

    Our VAT number is 772 5263 20.

  22. Our details

    The full name of our company is Silktide Ltd.

    We are registered in England & Wales under registration number 4242422.

    Our registered address is:

    Brunel Parkway, Pride Park, Derby, Derbyshire, DE24 8HR.

    You can contact us by email to support@silktide.com.